Security certificate
Encyclopedia
In Canadian
law, a security certificate is a mechanism by which the Government of Canada
can detain and deport foreign national
s and all other non-citizens living in Canada. The federal government may issue a certificate naming a permanent resident or any other non-citizen suspected of violating human rights, of having membership within organized crime, or is perceived to be a threat to national security. Subjects of a certificate are inadmissible to Canada and are subject to a removal order. Where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained. The entire process is subject to a limited form of review by the Federal Court
.
According to the Ministry of Public Safety and Emergency Preparedness
, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years." Its use has been documented at least as far back as 1979, the year after they were implemented. It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976). It was amended and took on its present structure in 1991, with an additional amendment in 2002.
The security certificate process (sections 33 and 77 to 85 of IRPA) was found to be in violation of sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms
and ruled unconstitutional by the Supreme Court of Canada
in the landmark Charkaoui case on 23 February 2007. The Supreme Court suspended the effect of its ruling for one year. On 22 October 2007, the Conservative government introduced a bill to amend the security certificate process by introducing a "special advocate", lawyers who would be able to view the evidence against the accused. However, these lawyers would be selected by the Justice minister, would only have access to a "summary" of the evidence, and would not be allowed to share this information with the accused, for example in order to ask for clarifications or corrections. The amendments are modelled on a much-criticized process already in use in the United Kingdom. The bill amending Canada's security certificate regime, with support from the Conservatives
and the opposition Liberal Party
, was passed by Parliament and received Royal Assent
in February 2008, just days before the court-imposed deadline.
. The certificate is prepared by the Canadian Security Intelligence Service (CSIS) and signed by the Solicitor General of Canada, currently the Minister of Public Safety, and the Minister of Citizenship and Immigration
when a non-citizen, either a permanent resident, refugee or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is suspected to be a threat to national security, or has violated human rights
abroad, or is involved with organized crime
. The signed certificate is then referred to a Federal Court judge who reviews the evidence prepared by CSIS. Hearsay is admissible as evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge deems that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence or precise allegations to be revealed to the subject being detained or to his or her lawyer, though the judge may provide a summary of the evidence provided. Key terms, such as "national security", are not defined in the Act.
If the judge determines that the certificate is not "reasonable" (the order of proof used in security certificate cases), the certificate is quashed. If the judge decides that it is "reasonable", then the certificate becomes a removal order. The Immigration and Refugee Protection Act states that the Federal Court's decision can be appealed "only if the judge certifies that a serious question of general importance is involved and states the question".
An individual may be held for several years, without any criminal charge
s being laid, before the review is completed.
In practice, the fact that there is often a risk of torture on the one hand, and a limited legal opportunity to challenge detention, on the other, has meant that named individuals are neither released from prison nor deported after the certificate is upheld.
Amnesty International wrote of several security certificate detainees on 2 February 2007, “Their detention has truly become tantamount to being indefinite as they have limited choices: either remain detained while continuing to pursue legal challenges to the unjust procedure that governs their cases, or agree to be returned to countries where Amnesty International believes they face a serious risk of torture.”
A recent trend has been towards releasing detainees under strict conditions or transferring them to house arrest.
People named under certificates are exempted from legal provisions designed to prevent deportations to risk of torture or other human rights abuse. The government's position, following its interpretation of the Supreme Court Suresh ruling, is that a named individual can be deported even if it is found that they risk torture or death.
's security certificate was quashed in October 2009 by the Federal Court. Hassan Almrei's security certificate was quashed in December 2009. Three others remain imprisoned under house arrest. The conditions of the three people subject to outstanding certificates are as follows:
The families of the detainees, supported by thousands of individuals across Canada, have campaigned against the security certificate, arguing that they violate the guarantees of equality and fundamental justice enshrined in the Canadian Charter of Rights and Freedom, creating a two-tiered justice system and allowing individuals to be detained indefinitely, on the basis of secret suspicions, under threat of deportation to torture.
Criticism related to violations of civil liberties
and due process
include the fact that allegations are vague and general, key terms are not defined, precise allegations do not exist or are not disclosed, the low order of proof effectively reverses the burden of proof so that the named person has to prove his innocence, the lack of disclosure of information in the file, the fact that information provided to the court can include hearsay and is known to have included information produced under torture, the fact that evidence has been tainted by destruction of evidence by CSIS, and the lack of appeal.
Alexandre Trudeau
, son of former Prime Minister Pierre Trudeau
has been vocal in his criticisms of the certificates and has appeared in court to testify in favour of Almrei's and Charkaoui's release, offering to act as a surety
on their behalf. Other well-known figures who have joined the campaign against security certificates include Warren Allmand
, former Solicitor-General of Canada; Flora MacDonald
, former Foreign Affairs Minister of Canada; Denys Arcand
; Bruce Cockburn
, Naomi Klein
, and Maude Barlow
.
The Canadian Bar Association
, Amnesty International
Canada, Human Rights Watch
, and the Canadian Council for Refugees are among the organisations who have taken a position against security certificates.
Members of Parliament
from all major political parties in Canada have criticised the measure and called for its abolition. Several have offered to become a surety to some of the detainees. The New Democratic Party
has called for the abolition of the measure.
Three United Nations committees - the UN Committee against Torture http://193.194.138.190/tbs/doc.nsf/(Symbol)/3cb671dd5759dc86c125704300482db6?Opendocument, the UN Working Group on Arbitrary Detention http://www.unhchr.ch/huricane/huricane.nsf/view01/FCB5AC0B475523B2C1257022004450C4?opendocument, and the UN Human Rights Committee http://www.treatycouncil.org/PDFs/Concluding_observations_Canada_HRC.pdf - have condemned the security certificate process and called on Canada to reform its legislation. They called on Canada to use criminal law instead of immigration law to deal with its security concerns.
In the wake of the Charkaoui decision, a new campaign is developing to call on the government to refrain from introducing new legislation. A pan-Canadian "day of action" against the introduction of new security certificate legislation was organized on 20 October 2007. It is supported by over sixty organizations and networks, including national unions, migrant justice groups, student organizations, feminist groups, human rights organizations, development associations, community groups, political parties and faith-based organizations.
upheld the security certificate process as constitutional in Suresh v. Canada. The Court ruled that the operative provisions of the security certificate process do not violate Section 7 of the Charter
, but that the Immigration Act generally does not allow for the deportation of a person to a country where they will likely be tortured. The Court did rule that deportation to countries suspected of torture may be justified in "exceptional circumstances". The court declined to define those circumstances, instead stating that "The ambit of an exceptional discretion to deport to torture, if any, must await future cases."
On June 13–14, 2006, the Supreme Court heard three different appeals from Adil Charkaoui
, Hassan Almrei
and Mohamed Harkat
regarding the constitutionality of the security certificate process. Most of the appellants have argued that the refusal to disclose the evidentiary basis of the certificate violates Section 7 of the Charter. Counsel for Charkaoui also argued that the security certificate process violates judicial independence, the rule of law
, and sections 9, 10, 12, and 15 of the Charter of Rights and Freedoms.
On February 23, 2007, the Supreme Court released its decision of Charkaoui v. Canada (Minister of Citizenship and Immigration). It voted unanimously that the process of certificate review which prohibited the accused from seeing evidence against them violated the Charter. Legislative amendments have been made by the Government of Canada to bring Canada's security certificate regime in compliance with the Court's ruling and were passed in February 2008.
The case of Jaballah v. Canada (Minister of Public Safety and Emergency Preparedness) (2006) challenged the constitutionality of detention under the certificate. The Federal Court upheld the detention. It is currently on appeal.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
law, a security certificate is a mechanism by which the Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
can detain and deport foreign national
Foreign national
Foreign national is a term used to describe a person who is not a citizen of the host country in which he or she is residing or temporarily sojourning. In Canada, a foreign national is defined as someone who is not a Canadian citizen nor a permanent resident of Canada...
s and all other non-citizens living in Canada. The federal government may issue a certificate naming a permanent resident or any other non-citizen suspected of violating human rights, of having membership within organized crime, or is perceived to be a threat to national security. Subjects of a certificate are inadmissible to Canada and are subject to a removal order. Where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained. The entire process is subject to a limited form of review by the Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
.
According to the Ministry of Public Safety and Emergency Preparedness
Minister of Public Safety and Emergency Preparedness (Canada)
The Minister of Public Safety is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government's domestic security department, Public Safety Canada...
, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years." Its use has been documented at least as far back as 1979, the year after they were implemented. It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976). It was amended and took on its present structure in 1991, with an additional amendment in 2002.
The security certificate process (sections 33 and 77 to 85 of IRPA) was found to be in violation of sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and ruled unconstitutional by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in the landmark Charkaoui case on 23 February 2007. The Supreme Court suspended the effect of its ruling for one year. On 22 October 2007, the Conservative government introduced a bill to amend the security certificate process by introducing a "special advocate", lawyers who would be able to view the evidence against the accused. However, these lawyers would be selected by the Justice minister, would only have access to a "summary" of the evidence, and would not be allowed to share this information with the accused, for example in order to ask for clarifications or corrections. The amendments are modelled on a much-criticized process already in use in the United Kingdom. The bill amending Canada's security certificate regime, with support from the Conservatives
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
and the opposition Liberal Party
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
, was passed by Parliament and received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in February 2008, just days before the court-imposed deadline.
Issuing and reviewing a certificate
Certificates are governed by the Immigration and Refugee Protection ActImmigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
. The certificate is prepared by the Canadian Security Intelligence Service (CSIS) and signed by the Solicitor General of Canada, currently the Minister of Public Safety, and the Minister of Citizenship and Immigration
Minister of Citizenship and Immigration (Canada)
The Minister of Citizenship and Immigration is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government department responsible for immigration, refugee and citizenship issues, Citizenship and Immigration Canada...
when a non-citizen, either a permanent resident, refugee or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is suspected to be a threat to national security, or has violated human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
abroad, or is involved with organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
. The signed certificate is then referred to a Federal Court judge who reviews the evidence prepared by CSIS. Hearsay is admissible as evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge deems that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence or precise allegations to be revealed to the subject being detained or to his or her lawyer, though the judge may provide a summary of the evidence provided. Key terms, such as "national security", are not defined in the Act.
If the judge determines that the certificate is not "reasonable" (the order of proof used in security certificate cases), the certificate is quashed. If the judge decides that it is "reasonable", then the certificate becomes a removal order. The Immigration and Refugee Protection Act states that the Federal Court's decision can be appealed "only if the judge certifies that a serious question of general importance is involved and states the question".
Detention and deportation
In the case of refugees and refugee applicants, the named person is automatically detained, without the opportunity to apply for release on bail until 120 days after the certificate is upheld by a Federal Court judge. In the case of Permanent Residents, where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained, with the opportunity to apply for release on bail every six months from the beginning of their detention.An individual may be held for several years, without any criminal charge
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
s being laid, before the review is completed.
In practice, the fact that there is often a risk of torture on the one hand, and a limited legal opportunity to challenge detention, on the other, has meant that named individuals are neither released from prison nor deported after the certificate is upheld.
Amnesty International wrote of several security certificate detainees on 2 February 2007, “Their detention has truly become tantamount to being indefinite as they have limited choices: either remain detained while continuing to pursue legal challenges to the unjust procedure that governs their cases, or agree to be returned to countries where Amnesty International believes they face a serious risk of torture.”
A recent trend has been towards releasing detainees under strict conditions or transferring them to house arrest.
People named under certificates are exempted from legal provisions designed to prevent deportations to risk of torture or other human rights abuse. The government's position, following its interpretation of the Supreme Court Suresh ruling, is that a named individual can be deported even if it is found that they risk torture or death.
Outstanding security certificates
Adil CharkaouiAdil Charkaoui
Adil Charkaoui is a Morocco-born permanent resident of Canada who was arrested by the Canadian government under a security certificate in May 2003....
's security certificate was quashed in October 2009 by the Federal Court. Hassan Almrei's security certificate was quashed in December 2009. Three others remain imprisoned under house arrest. The conditions of the three people subject to outstanding certificates are as follows:
- Mohammad Zeki Mahjoub, an EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ian detained in Toronto since June 2000, ordered released under house arrestHouse arrestIn justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
by a Federal Court judge on February 15, 2007. Because Mahjoub and his wife, Mona El Fouli, found that his conditions of house arrest "had humiliated them and deprived their two sons of any semblance of a normal life," he requested to be returned to custody at the Kingston Immigration Holding Centre in March 2009. He was on hunger strike in protest of his conditions there since June 1, 2009. Mahjoub was released from prison into house arrest in January 2010. He continues to fight for his freedom through legal action.
- Mahmoud Jaballah, an EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ian detained in Toronto since August 2001, also ordered to be released under house arrestHouse arrestIn justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
by a Federal Court judge on March 6, 2007. Jaballah remains under strict house arrest while he continues to fight his legal case.
- Mohamed HarkatMohamed HarkatBorn in Algeria, Mohamed Harkat has drawn Canadian media attention as being one of several Muslim-Canadians alleged to have ties to terrorism and imprisoned under security certificates. The Canadian Security Intelligence Service alleges that he entered the country as a sleeper agent for al-Qaeda...
, an AlgeriaAlgeriaAlgeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
n held in Toronto since December 2002 and released on bail in June 2006. He was placed under 24-hour supervision by his wife and must wear an electronic monitoring device. He was ordered deported in July 2006 but remained in Canada as court battles continued until the Supreme Court struck down the legislation in February 2007. A new security certificate was issued in February 2008 under new legislation. This certificate was upheld by Federal Court Justice Simon Noel on 9 December 2010, almost eight years to the day of his original arrest. Harkat is currently fighting the deportation order.
Past security certificates
In addition to the three people who currently have cases pending, twenty others have been charged under Security Certificate legislation since 1991.- Hassan AlmreiHassan AlmreiA Syrian, Hassan Ahmed Almrei arrived in Canada in 1999 claiming refugee status. He has been since held, and accused of terrorist connections and ideology, for his "reputation... for obtaining false documents", and his relationship with Ibn al-Khattab following time shared together during the...
, a SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n refugee who was detained in a TorontoTorontoToronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
jail in October 2001. He was transferred to the "Kingston Immigration Holding Centre" in April 2006. He has held several prolonged hunger strikes, the longest lasting over 100 days. He was ordered released under house arrestHouse arrestIn justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
by a Federal Court judge on January 2, 2009.. The Federal Court quashed the certificate in December 2009. Mr. Almrei launched a suit of the Canadian government in February 2010. - Adil CharkaouiAdil CharkaouiAdil Charkaoui is a Morocco-born permanent resident of Canada who was arrested by the Canadian government under a security certificate in May 2003....
, a MoroccanMoroccoMorocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
-born MontrealMontrealMontreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
er detained from May 2003 until February 2005, when he was freed on strict conditions of release. Charkaoui's Security Certificate was lifted in September 2009 after the government withdrew evidence rather than disclose it on Court orders. Charkaoui is suing the Canadian government in a bid to hold government officials accountable and to clear his name. - Manickavasagam Suresh, a Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
n, first arrested in 1995 and held til 1998. He was ordered deported, but ongoing court processes kept him in Canada under conditions. The certificate against him was annulled when the Supreme Court struck down the security certificate legislation in February 2007, and the government did not issue a new certificate against him when new legislation went into effect in February 2008. - Ernst ZundelErnst ZündelErnst Christof Friedrich Zündel is a German Holocaust denier and pamphleteer who was jailed several times in Canada for publishing literature which "is likely to incite hatred against an identifiable group" and for being a threat to national security, in the United States for overstaying his visa,...
, a German permanent resident of Canada since 1958 was arrested in May 2003 and deported to Germany in March 2005. - Mourad IkhlefMourad IkhlefMourad Ikhlef arrived in Canada in 1993, and obtained refugee status in 1994. Based on allegations of past involvement with the Armed Islamic Group of his native Algeria, as well as a connection to Ahmed Ressam a security certificate was issued in 2001, and on December 12 he was arrested in his...
, an Algerian living in Montreal who gained refugee status in 1994, was arrested in December 2001 and deported in February 2003, when he was handed over directly to Algerian intelligence services. He was tortured and imprisoned based on information obtained during his torture. - Iqbal SinghIqbal SinghIqbal Singh is an academic in the fields of International Relations, Human Rights and Law. Iqbal has conducted research and held teaching positions at various universities across North America and India....
, an Indian refugee living in Toronto who gained status in 1993, was arrested in April 1998 and deported to Belize in January 2000. - Hani Abdul Rahim al Sayegh was arrested in March 1997 and deported in June 1997 to the U.S. Subsequently he was deported in 1999 to Saudi Arabia to face criminal charges.
- Aynur Saygili, a non-status refugee from Turkey, living in Montreal, was arrested in November 1996, and deported to France in August 1997.
- Djafar Seyfi, an Iranian refugee who gained status in 1995, was arrested in September 1996 and deported later the same year.
- Effat NejatiEffat NejatiEffat Nejati was a member of the Iranian Mujahideen-e Khalq who ran Canadian operations after illegally immigrating to the country in January 1995....
, also known as Shahla Moharrami, was Iranian non-status refugee living in Toronto. She was arrested in August 1996 and deported to Britain in November of that year. - Yelena Borisovna Olshanskaya, and Dmitriy Vladimirovich Olshanskiy were Russian nationals, arrested in May 1996 and deported in June of that year.
- Satkuneswaran Kandiah, a Sri Lankan national who resided in Montreal was arrested October 1995 and disappeared before his court hearing.
- Wahid Khalil BaroudWahid Khalil BaroudAn alleged member of the Palestine Liberation Organization , Wahid Khalil Baroud was arrested in Mississauga, Ontario in 1994 after it was claimed that he served as a bodyguard to Yasser Arafat.-Immigration to Canada:...
, a Palestinian who resided in Toronto, was arrested in June 1994, and deported in 1995 to Sudan. - Hardeep Singh, also known as Maan Singh Sidhu, was an Indian national arrested in June 1994 and deported January 1995.
- Mohamed Hussein al Husseini, a Lebanese status refugee who resided in Montreal was arrested in 1993, and deported in 1994.
- Issam Al YamaniIssam Al YamaniIssam Al Yamani is a Palestinian living in Canada alleged by the Canadian government to have ties with the Popular Front for the Liberation of Palestine....
, a Palestinian permanent resident, was investigated after applying for citizenship in 1988. Between the years of 1993 and 2000 Yamani was named in two separate security certificate investigations, both of which were quashed by judges. Deportation proceedings were subsequently re-initiated under normal immigration procedures and the matter is still before the courts - Mansour Ahani, an Iranian was arrested in June 1993 and deported in January 2002. Ahani was held for the nine years in which he unsuccessfully fought against his charges.
- Saleh Mousbah Zakout, a Palestinian, was arrested upon his arrival in Toronto in 1993 and deported the following year.
- Robab Farahi-MahdaviehRobab Farahi-MahdaviehRobab Farahi-Mahdavieh was a "leading female member" of the Iranian Mujahideen-e Khalq, and believed to be the leader of their North American operations....
, an Iranian, was arrested in 1992 and deported to Britain in March 1993. - Parvin Khassebaf, an Iranian, arrested in August 1993 and deported to France in September of that year.
- Mahmoud Abu Shandi, a Palestinian living in Montreal, was arrested in October 1991 and deported in February 1992, first to Algeria, then Libya.
- Joseph and Sarah Smith, Iraqi citizens, arrested in 1991 at a Toronto airport as they disembarked from their plane. They were subsequently released due to the removal of their certificate, and able to claim refugee status.
- Paul William HampelPaul William HampelPaul William Hampel is the fictitious name of a man accused by the Canadian government of being a Russian spy masquerading as a Canadian citizen. He was arrested on November 14, 2006 at Pierre Elliott Trudeau International Airport at about 6 p.m. just prior to boarding a plane departing Canada...
, alleged to be a Russian spy using a pseudonym, was arrested on November 14, 2006, at a Montreal Airport after a security certificate, naming the individual in question, was signed by Public Safety Minister Stockwell DayStockwell DayStockwell Burt Day, Jr., PC, MP is a former Canadian politician, and a member of the Conservative Party of Canada. He is a former cabinet minister in Alberta, and a former leader of the Canadian Alliance. Day was MP for the riding of Okanagan—Coquihalla in British Columbia and the president of...
.
Criticisms
Criticism related to violations of civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
and due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
include the fact that allegations are vague and general, key terms are not defined, precise allegations do not exist or are not disclosed, the low order of proof effectively reverses the burden of proof so that the named person has to prove his innocence, the lack of disclosure of information in the file, the fact that information provided to the court can include hearsay and is known to have included information produced under torture, the fact that evidence has been tainted by destruction of evidence by CSIS, and the lack of appeal.
Alexandre Trudeau
Alexandre Trudeau
Alexandre "Sacha" Trudeau is a Canadian filmmaker and journalist, and second son of Canada's former Prime Minister, the late Pierre Trudeau, and Margaret Trudeau.-Early life and education:...
, son of former Prime Minister Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
has been vocal in his criticisms of the certificates and has appeared in court to testify in favour of Almrei's and Charkaoui's release, offering to act as a surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
on their behalf. Other well-known figures who have joined the campaign against security certificates include Warren Allmand
Warren Allmand
William Warren Allmand, is a former Canadian Liberal Party Member of Parliament and was a Cabinet member from 1972 to 1979....
, former Solicitor-General of Canada; Flora MacDonald
Flora MacDonald
Flora Isabel MacDonald, is a Canadian politician.Born in North Sydney, Nova Scotia, she worked in administration for the Progressive Conservative Party for several years, prior to becoming involved in electoral politics....
, former Foreign Affairs Minister of Canada; Denys Arcand
Denys Arcand
Georges-Henri Denys Arcand, is a Canadian film director, screenwriter and producer. He has won an Academy Award for Best Foreign Film in 2004 for The Barbarian Invasions...
; Bruce Cockburn
Bruce Cockburn
Bruce Douglas Cockburn OC is a Canadian folk/rock guitarist and singer-songwriter. His most recent album was released in March 2011. He has written songs in styles ranging from folk to jazz-influenced rock to rock and roll.-Biography:...
, Naomi Klein
Naomi Klein
Naomi Klein is a Canadian author and social activist known for her political analyses and criticism of corporate globalization.-Family:...
, and Maude Barlow
Maude Barlow
Maude Victoria Barlow is a Canadian author and activist. She is the National Chairperson of The Council of Canadians, a citizens’ advocacy organization with members and chapters across Canada. She is also the co-founder of the , which works internationally for the human right to water...
.
The Canadian Bar Association
Canadian Bar Association
The Canadian Bar Association represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.-History:The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914...
, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
Canada, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, and the Canadian Council for Refugees are among the organisations who have taken a position against security certificates.
Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
from all major political parties in Canada have criticised the measure and called for its abolition. Several have offered to become a surety to some of the detainees. The New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
has called for the abolition of the measure.
Three United Nations committees - the UN Committee against Torture http://193.194.138.190/tbs/doc.nsf/(Symbol)/3cb671dd5759dc86c125704300482db6?Opendocument, the UN Working Group on Arbitrary Detention http://www.unhchr.ch/huricane/huricane.nsf/view01/FCB5AC0B475523B2C1257022004450C4?opendocument, and the UN Human Rights Committee http://www.treatycouncil.org/PDFs/Concluding_observations_Canada_HRC.pdf - have condemned the security certificate process and called on Canada to reform its legislation. They called on Canada to use criminal law instead of immigration law to deal with its security concerns.
In the wake of the Charkaoui decision, a new campaign is developing to call on the government to refrain from introducing new legislation. A pan-Canadian "day of action" against the introduction of new security certificate legislation was organized on 20 October 2007. It is supported by over sixty organizations and networks, including national unions, migrant justice groups, student organizations, feminist groups, human rights organizations, development associations, community groups, political parties and faith-based organizations.
Constitutionality
In 2002, the Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
upheld the security certificate process as constitutional in Suresh v. Canada. The Court ruled that the operative provisions of the security certificate process do not violate Section 7 of the Charter
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
, but that the Immigration Act generally does not allow for the deportation of a person to a country where they will likely be tortured. The Court did rule that deportation to countries suspected of torture may be justified in "exceptional circumstances". The court declined to define those circumstances, instead stating that "The ambit of an exceptional discretion to deport to torture, if any, must await future cases."
On June 13–14, 2006, the Supreme Court heard three different appeals from Adil Charkaoui
Adil Charkaoui
Adil Charkaoui is a Morocco-born permanent resident of Canada who was arrested by the Canadian government under a security certificate in May 2003....
, Hassan Almrei
Hassan Almrei
A Syrian, Hassan Ahmed Almrei arrived in Canada in 1999 claiming refugee status. He has been since held, and accused of terrorist connections and ideology, for his "reputation... for obtaining false documents", and his relationship with Ibn al-Khattab following time shared together during the...
and Mohamed Harkat
Mohamed Harkat
Born in Algeria, Mohamed Harkat has drawn Canadian media attention as being one of several Muslim-Canadians alleged to have ties to terrorism and imprisoned under security certificates. The Canadian Security Intelligence Service alleges that he entered the country as a sleeper agent for al-Qaeda...
regarding the constitutionality of the security certificate process. Most of the appellants have argued that the refusal to disclose the evidentiary basis of the certificate violates Section 7 of the Charter. Counsel for Charkaoui also argued that the security certificate process violates judicial independence, the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, and sections 9, 10, 12, and 15 of the Charter of Rights and Freedoms.
On February 23, 2007, the Supreme Court released its decision of Charkaoui v. Canada (Minister of Citizenship and Immigration). It voted unanimously that the process of certificate review which prohibited the accused from seeing evidence against them violated the Charter. Legislative amendments have been made by the Government of Canada to bring Canada's security certificate regime in compliance with the Court's ruling and were passed in February 2008.
The case of Jaballah v. Canada (Minister of Public Safety and Emergency Preparedness) (2006) challenged the constitutionality of detention under the certificate. The Federal Court upheld the detention. It is currently on appeal.
External links
- Certificates Under The Immigration and Refugee Protection Act (IRPA) Information on security certificates from the Canadian Security Intelligence ServiceCanadian Security Intelligence ServiceThe Canadian Security Intelligence Service is Canada's national intelligence service. It is responsible for collecting, analyzing, reporting and disseminating intelligence on threats to Canada's national security, and conducting operations, covert and overt, within Canada and abroad.Its...
(CSIS) - Signs of sympathy for terror suspects - Celebrities take up cases of five held in indefinite detention by Thomas Walkom, Toronto StarToronto StarThe Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...
, July 2, 2005. - Campaign to Stop Secret Trials in Canada, website supporting the "Secret Trial Five".
- Justice for Mohamed Harkat, Website about Mohamed Harkat, detained in Ottawa under a security certificate since December 10, 2002.
- Justice for Adil Charkaoui, Website about Adil Charkaoui, detained under a security certificate from May 2003 to February 2005 and currently living under severe bail conditions.
- People's Commission on Immigration Security Measures, Website of the Montreal-based People's Commission on Immigration Security Measures, Quebec's first popular commission of inquiry.
- CTV News - UN critical of Canada's anti-terrorism measures