Lawyers for Montreal terror suspect say revamped law is still unconstitutional: 'The lawmaker didn't respect the Supreme Court decision'
 
TU THANH HA, Globe and Mail, 29 February 2008

MONTREAL -- Canada's revamped security certificate regime, which was hurriedly enacted two weeks ago, will face a constitutional challenge, lawyers for Montreal terror suspect Adil Charkaoui announced yesterday.

The previous system had been overturned last year by the Supreme Court of Canada, which rejected its use of secret evidence against suspects.

This forced the federal government to introduce a new law - Bill C-3 - creating "special advocate" lawyers who will act for defendants in closed-door hearings.

Audio from a press conference organized by the Coalition on 21 February 2008, to respond to the new security certificate law:

Adil Chakaoui

Marie-Ève Lamy, member of the Coalition Justice pour Adil Charkaoui

Me. Johanne Doyon, l'avocate de Adil Charkaoui and member of the Quebec Criminal Lawyers Association (l'AQAADI)

By Max Halparin, The McGill Daily, February 18, 2008

Harper delayed introducing bill, then rammed it through Parliament.

Despite voicing strong reservations regarding the constitutionality of the revised security certificate legislation, Bill C-3, Canada’s Senate approved the bill Tuesday, leaving just the ceremonial procedure left before it becomes law.

Advocacy groups and security certificate detainees were shocked that the bill was rushed through without substantial amendments.

“It’s enraging that it not only got through [the House of Commons] with just a few minimal, really meaningless changes, and then pushed through Senate with barely even a gesture into making it a legitimate-looking process,” said Mary Foster, a spokesperson for the support group Coalition Justice for Adil Charkaoui, who attended the Senate hearings.

Richard Foot, Canwest News Service, 17 February 2008

14 February 2008, Thomas Walkom, Toronto Star

Hassan Almrei has been in jail in Canada for more than six years although he's never been charged with any crime. Mohamed Harkat, another man never charged with a crime, was finally granted a particularly rigorous form of conditional release after four years in detention. Surveillance cameras installed in and around his home monitor everything he and his Canadian-born wife do; family members who visit must obtain government permission; in the few instances when he is allowed outside, armed agents escort him everywhere – even to the washroom.

Two weeks ago, when the government learned that Harkat's mother-in-law was no longer living at his home, agents swooped in, arrested him in the shower and bundled him off to jail (a judge eventually sent him home).

13 Feb 2008, Maude Barlow, Roch Tassé and Sameer Zuberi, Toronto Star

With the support of the Liberals, the Harper government is trying to rush a bill through the Senate that would put security certificates back into Canada's anti-terror lexicon as a legitimate means of apprehending and deporting people suspected of being threats to national security.

The security certificate is a citizenship and immigration process that was deemed unconstitutional by the Supreme Court of Canada on Feb. 23, 2007, because it involves secret hearings and because it denies the suspects the ability to know and to meet the cases against them. At the time of the ruling, five Muslim men had been in detention, or under house arrest, without charge for a combined 26 years.

In a ten-hour session on Monday, 11 February, the Senate heard 24 witnesses, in a ten-hour session. All but one of the witnesses - Stockwell Day - spoke against the bill. Transcripts of the hearings (unedited), including powerful statements made by Matthew Behrens of the Toronto-based Campaign to Stop Secret Trials, Adil Charkaoui, and Mohamed Harkat, can be downloaded here.

After some hand-wringing, which only served to demonstrate that they knew exactly what they were doing, the Senate decided to proceed to third vote. (Their debate and vote can be downloaded here.)

The Senate then voted C-3 through Senate. The law will now go to the governor-general to be signed and will then enter into force.

10 February -- The list of organizations applying to testify before the Senate committee reviewing the new 'security certificate' legislation continues to grow, throwing into question the Senate's plan to push the much-criticized bill through by the end of the week, when the Senate goes on a break.

Since the bill passed at second reading in the Senate late Thursday afternoon, over 90 witnesses have applied to be heard by the committee. Applicants include major unions such as the Canadian Labour Congress, migrant justice organizations and community associations. Dozens of individuals have also applied, including family members of the detainees such as Ahmad Jaballah, whose father has already fought three security certificates and would face going through the process for a fourth time if the bill passes. (Full list.)

We have just learned that the new security certificate legislation not only passed House of Commons today, but has passed through First Reading in Senate. Apparently they have decided to fast-track in Senate. So this makes this appeal URGENT!

Be one of the organizations, individuals, unions and faith-groups across Canada requesting an appearance before the Senate committee scheduled to discuss new secret trials legislation

WHO: You, an organization or an individual, concerned that there is new "security certificate" legislation that will continue the scheme of secret hearings, two-tier justice, indefinite detention without charge, draconian house arrest, and deportation to torture.

Below is a list of shame, individuals who voted in Parliament on 6 February 2008 for secret trials, two-tier justice, indefinite detention without charge, invasive surveillance and control orders, and deportation to torture. Note that many Liberals, who had the choice to vote no or abstain, chose to vote yes. Among those who will still try to campaign on the "we love the Charter" hypocrisy are Navdeep Bains, Carolyn Bennett, Irwin Cotler, Michael Ignatieff, and many others.

Abbott
Ablonczy
Albrecht
Allen
Allison
Ambrose
Anders
Anderson
Bagnell
Bains
Baird
Barnes
Batters
Bélanger
Bell (North Vancouver)
Bennett
Benoit
Bernier
Bevilacqua
Bezan
Blackburn
Blaney
Bonin
Boshcoff
Boucher
Breitkreuz
Brison
Brown (Leeds—Grenville)
Brown (Barrie)