Public Show, Secret Process

Photo: Tatiana Gomez

Rally report

Around 60 Montrealers protested outside the Federal Court in Montreal on 10 December 2008, International Human Rights Day, to denounce the use of secret hearings in the case of Adil Charkaoui and the other security certificate detainees and demand the right to a fair and open trial.

  • To see a photo-report of the rally, click here.
  • To watch a slide show with some speeches from the rally, click here.
  • A video of the rally, click here.

 

Update on Court Hearings

Public Hearings in Adil Charkaoui's case will continue Wednesday, 4 February at 9:30am. Everyone is encouraged to observe the hearings which will take place at the Federal Court, 30 McGill St., near Square Victoria metro, in Montreal.

Both sides will make legal arguments about the draconian conditions that were imposed on Mr. Charkaoui in February 2005, by means of the old security certificate law ...

SECRET PROFILE - SUFFICIENT TO IMPOSE HOUSE ARREST?

When the Supreme Court ruled that security certificate legislation was unconstitutional in February 2007, the severe conditions on Mr. Charkaoui and the other security certificate detainees remained in place. Under the new law, brought in almost a year ago, the conditions were supposed to be completely reviewed by the Federal Court; this is finally happening.

After Five and a Half Years, Show Trial to begin for Charkaoui - without evidence!

URGENT CALL TO ALL FRIENDS AND ALLIES OF THE CHARKAOUIS AND TO THOSE WHO CARE ABOUT JUSTICE:

PACK THE COURT STARTING DECEMBER 9th!

Tuesday, December 9th, 9:30am
First Day of Show Trial
Federal Court, 30 McGill Street (Square Victoria metro), Montreal

*To avoid arriving after hearings have finished, please call to confirm before heading for the court: 514-222-0205 or 514-516-2793.

URGENT CALL FOR COURT ROOM SOLIDARITY

Starting Tuesday, December 9th, Adil Charkaoui will be subjected to part of the public portion of his Secret Trial, though it has just been revealed that CSIS has failed to provide evidence even to the court, let alone to Adil and his lawyers.

This is the first time in Charkaoui's case that a court will begin to publicly consider the "reasonability" of the Security Certificate that was issued against him.

Provincial election will dely Charkaoui "trial"

Catherine Solyom, Canwest News Service, Friday, November 28, 2008

MONTREAL - The show must go on, a federal court judge ruled Friday in the case of Adil Charkaoui, whose public trial is now set to begin Dec. 9 to determine whether the Montreal schoolteacher is a threat to national security.

It's still unclear who will get to see what evidence the federal government has to back up claims Charkaoui is an al-Qaida sleeper agent.

Almost six years into his detention under a security certificate, Charkaoui, 35, is under a broad form of house arrest. Judge Daniele Tremblay-Lamer agreed to postpone his trial by a day so it doesn't conflict with Quebec's provincial election.

She also agreed to grant the Quebec Bar Association intervener status on the matter of special advocates - lawyers appointed by the federal justice minister, who, for the first time in Canada, will be privy to evidence never seen by the accused or his lawyers, but will attempt to act on his behalf.

"It's important, because there are very serious questions about the role of special advocates that can put these lawyers in a very delicate situation," said Louis Belleau, of the Bar Association.

Important UPDATE and Call to come to court

LET'S PACK THE COURT! SOLIDARITY WITH ADIL CHARKAOUI THIS FRIDAY, NOVEMBER 28TH

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REMINDER: Come out to court on FRIDAY, 28 November, starting at 9:30am. Hearings normally last until about 4pm, with a lunch break. The hearings will take place at 30 McGill St., Metro Square Victoria, Montreal. The Coalition is calling for a strong presence in court as a show of solidarity with the Charkaouis, who have been struggling for very basic rights for five years and nine months.
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New scandal in Charkaoui case:
- After five and a half years, CSIS asks for time to gather evidence
- Judge decides: Show trial will proceed on the basis of CSIS opinions, no need for evidence

On Friday morning, the Quebec Bar Association will appear in court to argue that it should be allowed to intervene in Adil's case. The Quebec Bar Association wants to present its arguments that the security certificate law remains unconstitutional (their written arguments).

During Monday's hearings, a very lively debate - some of it at high decibels - took place between Charkaoui's lawyers and the Federal Court judge.

RALLY: Public Show, Secret Trial

Action in solidarity with Adil Charkaoui

Wednesday, 10 December at Noon*
Outside Federal Court, 30 McGill St. (Square Victoria metro), Montreal

As Canada marks International Human Rights Day this December 10, secret hearings will be continuing in Ottawa.

Culture Shock 2008: Charkaoui condemns racist immigration laws

Max Halparin, The McGill Daily, October 2008

The growing trend in national security to inflict high consequences with low legal standards is extremely disturbing, said members of the Coalition Justice for Adil Charkaoui in a Culture Shock event Monday.

“We have very racist – and I’m using the word racist – mentality inside government, inside CSIS [Canadian Security Intelligence Service] agents, inside courts of justice...and we have horrible laws from the Middle Ages called security certificates,” said Charkaoui, a Moroccan-born French teacher who has lived in Montreal since 1995.

In 2003, Charkaoui was detained under a security certificate, which allows the government to detain non-Canadian citizens without trial under threat of deportation. He spent the next 21 months in jail, and has lived under a strict set of house arrest conditions since his release in 2005.

These conditions forbid him from leaving Montreal, using fax machines, the Internet, or any phone but his home phone, allow police 24-hour access to his home, and require one of his parents to accompany him at all times. Charkaoui must also wear a GPS-tracking ankle bracelet – which he referred to as his “bracelet of shame.”

Call for court solidarity with the Charkaoui family

... subject to security certificate for 5 years, 9 months and counting.

Federal Court Hearings
Friday, 28 November, 9:30 to 4:30 
(NOTE: Hearings will not take place Tuesday thru Thursday)
30 McGill St. (in old Montreal, Square Victoria metro)

On 24 November, Adil Charkaoui will be in Federal Court to argue a series of important process-related questions. The entire week has been set aside for the hearings. Please come out to show your support and solidarity, for an hour or two! If you can't come, please see other ways of helping out below.

*Five years later, CSIS required to provide evidence ...*

Anti-security certificate activists gets peace prize

Owen Sound Sun Times, 21 November 2008
   
The NATO bombing of Kosovo got Frank Barningham started on a peace vigil that has been held weekly for nine years in Durham.

Except on occasional Saturdays when illness prevents it, Barningham, 75, spends an hour on the sidewalk wearing a placard he made in March of 1999 that reads: "War is not a solution." He talks with anyone who'll listen and listens to anyone who'll talk.

Barningham's "lifetime dedication" to peace activism earned him the 2008 YMCA Peace Medallion. Y officials presented the award to Barningham on Thursday before an audience of about 50 people at the Owen Sound Family Y boardroom.

He was one of three area residents nominated for the annual award, now in its 20th year. The ceremony is part of YMCA World Peace Week, an event marked by Y organizations around the world. It included congratulations from both city Coun. John Christie and Grey County Warden Kevin Eccles.

Other nominees this year were area youth justice circle worker Bevan Mc- Neil and theatre producer Joan Chandler for her work in violence prevention projects.

Update

A lot has happened in all five security certificate cases in the past months, while in the next few months, we expect to see decisions which could decide the fates of the secret trial five and their families. For the individuals and families imprisoned in this indefinite nightmare, it continues to be devastating; a burden that is extremely difficult to carry alone. We hope you can respond to the call for solidarity at the end of this message.

*The Dance of Disclosure*

On learning in February 2007 that the Supreme Court considered the security certificate process to be unconstitutional, the Canadian government adopted an "add and shake well" approach: add special advocate, shake thoroughly (especially the victims), and continue as though everything is fine.