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Chronology of Public Information Relating to the Cases of Messrs. Almalki, El Maati and Nureddin April 11, 2007
Chronology of public information relating to the cases of Messrs. Almalki, El Maati and Nureddin April 11, 2007 Researched and written by Kerry Pither for organizations with Intervenor Status at the Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmad Abou El Maati and Muayyed Nureddin1 1 Amnesty International, British Columbia Civil Liberties Association, Canadian Arab Federation, Canadian Council on American Islamic Relations, Canadian Muslim Civil Liberties Association, International Civil Liberties Monitoring Group. Chronology of public information relating to the cases of Messrs. Almalki, El Maati and Nureddin The following timeline draws on information in the public domain: the Arar Commission Report released on September 18, 2006; public evidence presented at the Arar Commission; the Report of Professor Stephen J. Toope, Fact Finder, October 14, 2005; publicly accessible court documents; information in the media; and the public chronologies, biographies and other documents filed by Messrs. Arar, El Maati, Almalki and Nureddin as exhibits at the Arar Commission. Care has been taken to accurately record this information and it has been verified and corroborated where possible, however much of the information has not been entered as sworn testimony, or subjected to cross-examination. Please note that while care has been taken to consult and include a fulsome range of significant sources of information, this chronology is not intended to be an exhaustive survey of all information relevant to these cases. Because of privacy issues, some of those referred to in this chronology are described, but not named. Early summer 1998 Abdullah Almalki says his first encounter with any security agency was when CSIS agent Theresa Sullivan telephoned and asked if they could meet. -
IMMIGRATION LAW REPORTER Third Series/Troisi`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration VOLUME 99 (Cited 99 Imm
IMMIGRATION LAW REPORTER Third Series/Troisi`eme s´erie Recueil de jurisprudence en droit de l’immigration VOLUME 99 (Cited 99 Imm. L.R. (3d)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF Cecil L. Rotenberg, Q.C. Mario D. Bellissimo, LL.B. Barrister & Solicitor Ormston, Bellissimo, Rotenberg Don Mills, Ontario Toronto, Ontario Certified Specialist Certified Specialist ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Randolph Hahn, D.PHIL.(OXON), LL.B. Guberman, Garson Toronto, Ontario Certified Specialist CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HON.) Director, Primary Content Operations Directrice des activit´es li´ees au contenu principal Graham B. Peddie, LL.B. Product Development Manager Sharon Yale, LL.B., M.A. Jennifer Weinberger, B.A.(HON.), Supervisor, Legal Writing J.D. Supervisor, Legal Writing Peter Bondy, B.A.(HON.), LL.B. Heather Stone, B.A., LL.B. Lead Legal Writer Lead Legal Writer Rachel Bernstein, B.A.(HON.), J.D. Peggy Gibbons, B.A.(HON.), LL.B. Legal Writer Senior Legal Writer Stephanie Hanna, B.A., M.A., LL.B. Mark Koskie, B.A.(HON.), M.A., LL.B. Senior Legal Writer Legal Writer Nicole Ross, B.A., LL.B. Amanda Stewart, B.A.(HON.), LL.B. Legal Writer Senior Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., DEA (PARIS II) Bilingual Legal Writer Erin McIntosh, B.A.(HON.) Content Editor IMMIGRATION LAW REPORTER, a national series of topical law reports, Recueil de jurisprudence en droit de l’immigration, une s´erie nationale de is published twelve times per year. Subscription rate $361 per bound volume recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par anne´e. -
Court File No. 30672 in the SUPREME COURT of CANADA
Court File No. 30672 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: ADIL CHARKAOUI APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENT Court File No. 30929 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL BETWEEN: HASSAN ALMREI APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENTS Court File No. 31178 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: MOHAMED HARKAT APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENTS MEMORANDUM OF ARGUMENT OF THE BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION FOR LEAVE TO INTERVENE Introduction 1. This is an application pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada for leave to intervene in the Charkaoui, Harkat and Almrei appeals. 2. The British Columbia Civil Liberties Association (“BCCLA”) specifically seeks leave to file a single written submission not exceeding twenty (20) pages in length for all three appeals and leave to make oral argument not exceeding twenty (20) minutes in length in relation to all three appeals. The Law Concerning Intervention Applications 3. The two central issues in applications for leave to intervene are as follows: 2 a. whether the applicant has an interest in the appeal; and b. whether the applicant’s submissions will be useful to the court and different from those of other parties. R. v. Finta, [1993] 1 S.C.R. 1138 Reference Re Worker’s Compensation Act, 1983 (Nfld.), [1989] 2 S.C.R. -
Adil Charkaoui Appel
Court File No. 30672 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: ADIL CHARKAOUI APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENT Court File No. 30929 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL BETWEEN: HASSAN ALMREI APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENTS 1 Court File No. 31178 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: MOHAMED HARKAT APPELLANT AND: MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA RESPONDENTS AFFIDAVIT OF MURRAY MOLLARD (APPLICATION OF THE BCCLA FOR LEAVE TO INTERVENE) I, MURRAY MOLLARD, Barrister and Solicitor, of 550-1188 West Georgia Street, in the City of Vancouver, in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS: 1. I am the Executive Director of the British Columbia Civil Liberties Association (“BCCLA”) and accordingly have personal knowledge of the facts and matters hereinafter deposed to, save and except where the same are stated to be on information and belief, and, as to such facts, I verily believe the same to be true. 2. The BCCLA is a non-profit non-partisan advocacy group incorporated on February 27, 1963 under the British Columbia Societies Act. The purpose of the BCCLA is to promote, defend, sustain, and enhance civil liberties throughout British Columbia and Canada. The BCCLA has at 2 present approximately 950 members and contributors involved in various professions, trades and callings. -
Charkaoui and Bill C-3 Craig Forcese
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 42 (2008) Article 12 A Bismarckian Moment: Charkaoui and Bill C-3 Craig Forcese Lorne Waldman Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Forcese, Craig and Waldman, Lorne. "A Bismarckian Moment: Charkaoui and Bill C-3." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 42. (2008). http://digitalcommons.osgoode.yorku.ca/sclr/vol42/iss1/12 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. A Bismarckian Moment: Charkaoui and Bill C-3 Craig Forcese and Lorne Waldman* I. INTRODUCTION The German statesman Otto von Bismarck once said that “[i]f you like laws and sausages, you should never watch either one being made.”1 The recent enactment of Bill C-32 — the government’s response to the Supreme Court’s February 2007 decision in Charkaoui v. Canada (Citizenship and Immigration)3 — can best be described as a “Bismarckian moment”. An effort to remedy the core defects of the prior immigration security certificate regime, the new law cobbles together a potentially half-hearted “special advocate” regime and converts immigration law into a de facto system of indefinite limits on liberty for foreigners. The new system will generate an inevitable series of new constitutional challenges, some of which may succeed at the Supreme Court unless the deficiencies of Bill C-3 are cured by careful innovation at the Federal Court level. -
Words Matter: Peer Review As a Failing Safeguard by Tom Quiggin
PERSPECTIVES ON TERRORISM Volume 7, Issue 2 Words Matter: Peer Review as a Failing Safeguard by Tom Quiggin Abstract [1] Peer review is intended to support the quality and standards of academic work. The peer review process has been questioned recently in a number of different arenas. Source reliability and information credibility can be a problem when an academic scholar or an academic product steps into the public realm through a court case. In these circumstances, it is not just the credibility of the academic community that is being tested: lives and liberty can be at stake. Peer-reviewed article must provide a basic standard of trustworthiness. At a minimum, the peer review process, though a fact checking process, should be able to assure the reader that the sources of the information are reliable and the information provided is credible. Testing Reliability Some years ago, information from a peer-reviewed journal paper was rejected by the Federal Court of Canada in a terrorism-related court case. The judgement of the court identified that a component of the paper depended on sources of questionable reliability.[2] Additionally, the judge raised concerns about other information entered into court in the same case which had a patina of academic credibility.[3] The case is significant, in that the judge also determined that the accused in question had spent six and a half years in detention on a national security certificate without ever actually being a threat.[4] Consider the following sentences from an article used in this court case that was earlier published in a peer-reviewed journal.[5] “The terrorists who attacked the London transport system in July 2005 [6] were subsequently found to have been in possession of a large cache of illicit identity documents. -
Origination, Organization, and Prevention: Saudi Arabia, Terrorist Financing and the War on Terror”
Testimony of Steven Emerson with Jonathan Levin Before the United States Senate Committee on Governmental Affairs “Terrorism Financing: Origination, Organization, and Prevention: Saudi Arabia, Terrorist Financing and the War on Terror” July 31, 2003 Steven Emerson Executive Director The Investigative Project 5505 Conn. Ave NW #341 Washington DC 20015 Email: [email protected] phone 202-363-8602 fax 202 966 5191 Introduction Terrorism depends upon the presence of three primary ingredients: Indoctrination, recruitment and financing. Take away any one of those three ingredients and the chances for success are geometrically reduced. In the nearly two years since the horrific attacks of 9/11, the war on terrorism has been assiduously fought by the US military, intelligence and law enforcement. Besides destroying the base that Al Qaeda used in Afghanistan, the United States has conducted a comprehensive campaign in the United States to arrest, prosecute, deport or jail those suspected of being connected to terrorist cells. The successful prosecution of terrorist cells in Detroit and Buffalo and the announcement of indictments against suspected terrorist cells in Portland, Seattle, northern Virginia, Chicago, Tampa, Brooklyn, and elsewhere have demonstrated the resolve of those on the front line in the battle against terrorism. Dozens of groups, financial conduits and financiers have seen their assets frozen or have been classified as terrorist by the US Government. One of the most sensitive areas of investigation remains the role played by financial entities and non-governmental organizations (ngo’s) connected to or operating under the aegis of the Kingdom of Saudi Arabia. Since the July 24 release of the “Report of the Joint Inquiry into the Terrorist Attacks of September 11, 2001,” the question of what role Saudi Arabia has played in supporting terrorism, particularly Al Qaeda and the 9/11 attacks, has come under increasing scrutiny. -
Terrorism in Canada
Journal of Military and Strategic VOLUME 13, ISSUE 3, Spring 2011 Studies Terrorism in Canada Michael Zekulin September 11th 2011 will mark the tenth anniversary of the terrorist attacks which toppled the World Trade Center buildings in New York City and killed approximately three thousand people. These attacks marked the beginning of an escalation of global Islamic terrorism which shows no signs of fading in the near future. The purpose of this paper is to examine whether Islamic terrorism has seen a marked increase in Canada since 9/11 and further identify what this might mean for Canadians and policymakers moving forward. Investigating the terrorist incidents which have unfolded in Canada over the past ten years not only provides valuable information about the threats and challenges Canada has experienced since 9/11, it also provides clues about what we might expect moving forward. This paper argues that an analysis of terrorist incidents in Canada from 9/11 until today reveals a disturbing trend. However, it also provides a clear indication of several areas which need to be investigated and addressed in order to mitigate this threat moving forward. This paper begins by summarizing six high profile terrorist incidents which have unfolded in Canada over the past ten years. These include plots linked to the “Toronto 18,” as well as Misbahuddin Ahmed, Khurram Sher and Hiva Alizadeh, collectively referred to as the “Ottawa 3.” It also examines individuals accused of planning or supporting terrorist activities such as Said Namouh, Mohammad Khawaja, Mohamed Harkat and Sayfildin Tahir-Sharif. These case studies are presented to show the reader that Canada has faced significant threats in the ten years since 9/11, and further, that these incidents appear to be increasing. -
Security, Asylum, and the Rule of Law After the Certificate Trilogy Graham Hudson
Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference Osgoode Legal Studies Research Paper Series Papers 2016 As Good as It Gets? Security, Asylum, and the Rule of Law after the Certificate Trilogy Graham Hudson Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/olsrps Part of the Constitutional Law Commons, and the Human Rights Law Commons Recommended Citation Hudson, Graham, "As Good as It Gets? Security, Asylum, and the Rule of Law after the Certificate Trilogy" (2016). Osgoode Legal Studies Research Paper Series. 121. http://digitalcommons.osgoode.yorku.ca/olsrps/121 This Article is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Legal Studies Research Paper Series by an authorized administrator of Osgoode Digital Commons. 1 As Good as it Gets? Security, Asylum, and the Rule of Law after the Certificate Trilogy Introduction Few elements of Canada’s national security apparatus have received as much legal, popular, or scholarly attention as security certificates.1 Although in existence since 1978, they have become a symbol of the heavy human rights costs associated with contemporary counter- terrorism law, policy and practices. The reasons are easy to understand. Certificates are based largely on secret evidence, allow for the indefinite detention of non-citizens who are alleged to pose a threat to the security of Canada, pave the way for the removal of persons to face the substantial risk of persecution, torture, or similar abuses, and are arguably discriminatory on the basis of citizenship.2 The certificate regime also rests on a broader assemblage of security-based policies and practices associated with several high profile human rights abuses, including those perpetrated against Maher Arar, Abdullah Almalki, and Ahmad El Maati. -
Cases Involving Diplomatic Assurances Against Torture
January 2007 Number 1 Cases Involving Diplomatic Assurances against Torture Developments since May 2005 Introduction .................................................................................................................. 1 Austria ......................................................................................................................... 1 Mohamed Bilasi-Ashri (Update) ..................................................................... 1 Canada ........................................................................................................................ 3 Lai Cheong Sing (Update).............................................................................. 3 Security Certificate Cases (Update) ............................................................. 5 Mohammad Zeki Mahjoub: Torture Risk Assessment (Update) ................ 7 Germany .................................................................................................................... 10 Metin Kaplan (Update) ................................................................................. 10 Netherlands ................................................................................................................ 11 Nuriye Kesbir (Update) .................................................................................. 11 Russian Federation ...................................................................................................... 12 Ivanovo Refugees’ Case ............................................................................. -
Canlii - 2005 FC 355 (Canlii) 11/04/2007 05:01 PM
CanLII - 2005 FC 355 (CanLII) 11/04/2007 05:01 PM Home > Federal > Federal Court of Canada > 2005 FC 355 (CanLII) Français English Almrei v. Canada (Minister of Citizenship and Immigration), 2005 FC 355 (CanLII) Date: 2005-03-11 Docket: IMM-8537-03 Parallel citations: (2005), 262 F.T.R. 7 URL: http://www.canlii.org/en/ca/fct/doc/2005/2005fc355/2005fc355.html Reflex Record (noteup and cited decisions) Date: 20050311 Docket: IMM-8537-03 Citation: 2005 FC 355 BETWEEN: HASSAN ALMREI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA Respondents REASONS FOR ORDER Blanchard J. INTRODUCTION [1] Mr. Hassan Almrei, (the "Applicant"), applies for judicial review of the decision of Debra Normolye, the Minister's Delegate (the "Delegate"), dated October 23, 2003. She determined that the Applicant is not at risk if returned or refouled to Syria so as to preclude his removal pursuant to subsection 115(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 ("IRPA") and, alternatively, determined that the Applicant poses such a danger to the security of Canada that he may, pursuant to paragraph 115(2)(b), be returned to Syria. [2] The Applicant asks this Court to quash the decision of the Delegate and remit his case to the Minister of Citizenship and Immigration for reconsideration by another Ministerial Delegate. BACKGROUND FACTS http://www.canlii.org/en/ca/fct/doc/2005/2005fc355/2005fc355.html Page 1 of 47 CanLII - 2005 FC 355 (CanLII) 11/04/2007 05:01 PM [3] The Applicant, a Syrian national, arrived in Canada on January 2, 1999, using a false United Arab Emirates passport. -
Countering Radicalization of Diaspora Communities in Canada
ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. Working Paper Series No. 11-12 September 2011 Countering Radicalization of Diaspora Communities in Canada Richard B. Parent and James O Ellis III Series editor: Linda Sheldon, SFU; Krishna