Understanding the Impact of Surveillance and Security Measures on Muslim Men in Canada
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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. -
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. -
Canada and the Middle East Today: Electoral Politics and Foreign Policy
CANADA AND THE MIDDLE EAST TODAY: ELECTORAL POLITICS AND FOREIGN POLICY Donald Barry Canadian Prime Minister Stephen Harper came to power in 2006 with little experience in foreign affairs but with a well developed plan to transform his minority Conservative administration into a majority government replacing the Liberals as Canada’s “natural governing party.”1 Because his party’s core of Anglo-Protestant supporters was not large enough to achieve this goal, Harper appealed to non- traditional Conservatives, including Jews, on the basis of shared social values. His efforts were matched by those of Jewish leaders and the government of Israel to win the backing of the government and its followers in the face of declining domestic support for Israel and the rise of militant Islamic fundamentalism. These factors accelerated a change in Canada’s Middle East policy that began under Prime Minister Paul Martin, from a carefully balanced stance to one that overwhelm- ingly favors Israel. Harper’s “pro-Israel politics,” Michelle Collins observes, has “won the respect—and support—of a large segment of Canada’s organized Jewish community.”2 However, it has isolated Canada from significant shifts in Middle East diplomacy and marginalized its ability to play a constructive role in the region. Harper and the Jewish Vote When he became leader of the Canadian Alliance party, which merged with the Progressive Conservatives to form the Conservative Party of Canada in 2004, Tom Flanagan says that Harper realized “The traditional Conservative base of Anglophone Protestants [was] too narrow to win modern Canadian elections.”3 In a speech to the conservative organization Civitas, in 2003, Harper argued that the only way to achieve power was to focus not on the tired wish list of economic conservatives or “neo-cons,” as they’d become known, but on what he called “theo-cons”—those social conservatives who care passionately about hot-button issues that turn on family, crime, and defense. -
2018 Csis Public Report
/// 2018 CSIS PUBLIC REPORT Aussi disponible en français sous le titre : Rapport public du SCRS 2018 www.canada.ca Published in June 2019 © Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Safety and Emergency Preparedness, 2019. © Public Works and Government Services Canada 2019 Cat No. PS71-2018 ISSN: 1188-4415 /// 2018 CSIS PUBLIC REPORT 2018 CSIS PUBLIC REPORT 1 2 2018 CSIS PUBLIC REPORT /// TABLE OF CONTENTS MESSAGE FROM THE DIRECTOR 8 THE RELEVANCE OF OUR WORK 13 Our Core Mandate, Partnerships, and Duties and Functions 14 Departmental Results Framework/Financials 15 The Intelligence Cycle 16 Threats to Canada’s National Security 19 The International Terrorism Landscape and Implications for Canada 24 Espionage and Foreign Influenced Activities 25 Protecting our Democratic Institutions 26 Economic Security 26 Cyber Threats to National Security 28 Security Screening 29 2018 CSIS PUBLIC REPORT 3 THE EXCELLENCE OF OUR PEOPLE 33 CSIS across Canada 34 Dedicated to Promoting Health and Wellness 35 Building Employee Resilience 36 Recruiting 37 Gender-Based analysis + 37 Demographics of CSIS Employees 39 THE CONFIDENCE OF CANADIANS 41 Accountabilities of the CSIS Director 42 Accountability and Retaining the Trust of Canadians 44 Transparency 45 Access to Information and Privacy statistics 45 CSIS Foreign Cooperation 46 Human Rights Considerations 46 Academic Outreach 48 New Legislation: C-59 – What does it mean for CSIS? 49 4 20182018 CSIS PUBLIC REPORT 2018 CSIS PUBLIC REPORT 5 /// OUR VISION “A SAFE, SECURE AND PROSPEROUS CANADA THROUGH TRUSTED INTELLIGENCE AND ADVICE”. 6 2018 CSIS PUBLIC REPORT 2018 CSIS PUBLIC REPORT 7 /// MESSAGE FROM THE DIRECTOR Almost 35 years ago, on July 16, 1984, the Canadian Security Intelligence Service (CSIS) came into existence. -
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. -
2013 FC 1283 Ottawa, Ontario, December 23, 2013 PRESENT
Date: 20131223 Docket: T-447-09 Citation: 2013 FC 1283 Ottawa, Ontario, December 23, 2013 PRESENT: The Honourable Mr. Justice Zinn BETWEEN: 2013 FC 1283 (CanLII) CANADIAN ARAB FEDERATION (CAF) Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This is an application for judicial review by the Canadian Arab Federation [CAF] of a decision by The Minister of Citizenship and Immigration, then Jason Kenney [the Minister], not to enter into a funding agreement under the Language Instruction for Newcomers to Canada [LINC] program for the year 2009-2010. This decision was made by the Minister despite the fact that Citizenship and Immigration Canada [CIC] had previously entered into similar funding arrangements with CAF for many years; the most recent of which expired March 30, 2009, just days after the decision under review was made. Page: 2 [2] The reasons for the Minister’s decision are set out in a letter to CAF dated March 18, 2009, from the Associate Assistant Deputy Minister of CIC to Khaled Mouammar, President of CAF at that time: As you are also aware, serious concerns have arisen with respect to certain public statements that have been made by yourself or other officials of the CAF. These statements have included the promotion of hatred, anti-semitism [sic] and support for the banned terrorist organizations Hamas and Hezbollah. 2013 FC 1283 (CanLII) The objectionable nature of these public statements – in that they appear to reflect the CAF’s evident support for terrorist organizations and positions on its part which are arguably anti-Semitic – raises serious questions about the integrity of your organization and has undermined the Government’s confidence in the CAF as an appropriate partner for the delivery of settlement services to newcomers. -
Report on Public Forum
Anti-Terrorism and the Security Agenda: Impacts on Rights, Freedoms and Democracy Report and Recommendations for Policy Direction of a Public Forum organized by the International Civil Liberties Monitoring Group Ottawa, February 17, 2004 TABLE OF CONTENTS ACKNOWLEDGMENTS .......................................................................................................2 ABOUT THE ICLMG .............................................................................................................2 BACKGROUND .....................................................................................................................3 EXECUTIVE SUMMARY .....................................................................................................4 RECOMMENDATIONS FOR POLICY DIRECTION ..........................................................14 PROCEEDINGS......................................................................................................................16 CONCLUDING REMARKS...................................................................................................84 ANNEXES...............................................................................................................................87 ANNEXE I: Membership of the ICLMG ANNEXE II: Program of the Public Forum ANNEXE III: List of Participants/Panelists Anti-Terrorism and the Security Agenda: Impacts on Rights Freedoms and Democracy 2 __________________________________________________________________________________ ACKNOWLEDGMENTS Forum session reporting -
Address to the Organization for Security and Cooperation in Europe’S Session
OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding - PC.NGO/27/07 Follow-up to the Cordoba Conference on Anti-Semitism and Other Forms of Intolerance 14 June 2007 Romania, Bucharest, 7 - 8 June 2007 Plenary Session 2 ENGLISH only Address to the Organization for Security and Cooperation in Europe’s Session on Islamophobia Mohamed Boudjenane Executive Director Canadian Arab Federation Dear Mr. Chairman, I am sorry to be the last one to speak in this session tonight, but I will try to be quick. I am now wearing my hat as the representative of the Canadian Arab Federation (CAF), and also the board member of the Steering Committee of the National Anti-racism Coalition of Canada. I have to say that I am very shocked after hearing the minister speak earlier today, that he completely ignored the challenges faced by the Arab and the Muslim community in Canada. This is more shocking coming from a government who just recently had to apologize on behalf of the Canadian population to Maher Arar and his family, for the ordeal they were put through. The government recognizes the Canadian Security Agency’s responsibility in sending Maher Arar for one year to Syria, where he was imprisoned and tortured. This is again surprising from the government who just launched another public inquiry in the cases of three other Arab Muslim men who went through the same injustices as Maher Arar. Arabs and Muslims are currently one of the most targeted groups by Racism, Intolerance, and Islamophobia. A recent pool conducted by a major media outlet revealed that Arabs are the most hated ethnic group in Canada. -
595 an Empirical Study of Terrorism Prosecutions in Canada
EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA 595 AN EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA: ELUCIDATING THE ELEMENTS OF THE OFFENCES MICHAEL NESBITT* AND DANA HAGG** It has now been over 15 years since Canada enacted the Anti-Terrorism Act, codifying what we think of today as Canada’s anti-terrorism criminal laws. The authors set out to canvass how these provisions have been judicially interpreted since their inception through an empirical analysis of court decisions. After exploring how courts have settled initial concerns about these provisions with respect to religious and expressive freedoms, the authors suggest that courts’ interpretations of Canada’s terrorism offences still leave us with many questions, particularly with respect to the facilitation and financing offences. The authors explore these questions and speculate about future challenges that may or may not be successful with the hopes of providing guidance to prosecutors and defence lawyers working in this area. TABLE OF CONTENTS I. INTRODUCTION ............................................. 595 II. TERRORISM PROSECUTIONS TO DATE ............................ 599 III. JUDICIAL INTERPRETATIONS OF THE ELEMENTS OF TERRORISM OFFENCES .................................... 608 A. DEFINITIONS (SECTION 83.01)............................. 608 B. OFFENCES ............................................ 620 IV. CONCLUSIONS AND FUTURE CONSIDERATIONS ....................... 647 I. INTRODUCTION It has now been over 15 years since Canada expeditiously enacted the Anti-Terrorism -
AN ANTI-ORIENTALIST DISCOURSE ANALYSIS of the ANTI-TERRORISM ACT of CANADA by Shaista P
LEGALIZING THE RACIALIZATION OF MUSLIMS: AN ANTI-ORIENTALIST DISCOURSE ANALYSIS OF THE ANTI-TERRORISM ACT OF CANADA by Shaista Patel B.Sc, McMaster University, 2001 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES (Society, Culture and Politics in Education) THE UNIVERSITY OF BRITISH COLUMBIA July 2007 © Shaista Patel, 2007 ABSTRACT The central argument in this research is that the knowledges produced through the Anti• terrorism Act naturalize the Orientalist construction of male Muslim bodies as threats to the nation, while simultaneously legitimizing the Canadian nation as white. This study disrupts the binary of the security versus civil liberties debates surrounding the dominant discourses about the Anti-terrorism Act. Using race, space and the law as critical tools of analysis, I examine the Orientalist rationalities underpinning the successful mobilization of the Anti• terrorism Act as a "juridical discourse" of the Canadian nation. I read for the racialized power in the Act in order to argue that the seemingly neutral language of the Act disguises the way it represents the Orientalist construction of male Muslim bodies as inherently violent, and as a threat to the spaces of the white nation. Within this discussion, I also examine how the Orientalist imagining of Muslim women's bodies has been deployed by the Canadian state to reify the image of Muslim man as 'barbaric' and 'uncivilized'. I situate my analysis of the Act within the broader socio-political history of colonized Canada to argue that the Anti-terrorism Act is part of the historically racist and exclusionary discourses of the nation built on stolen land where mythologies of white supremacy are still rampant as official narratives of the nation. -
Issues to Be Addressed Report Of
HOUSE OF COMMONS CANADA UPDATING CANADA’S CITIZENSHIP LAWS: ISSUES TO BE ADDRESSED REPORT OF THE STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION Hon. Andrew Telegdi, P.C., M.P. Chair November 2004 The Speaker of the House hereby grants permission to reproduce this document, in whole or in part for use in schools and for other purposes such as private study, research, criticism, review or newspaper summary. Any commercial or other use or reproduction of this publication requires the express prior written authorization of the Speaker of the House of Commons. If this document contains excerpts or the full text of briefs presented to the Committee, permission to reproduce these briefs, in whole or in part, must be obtained from their authors. Also available on the Parliamentary Internet Parlementaire: http://www.parl.gc.ca Available from Communication Canada — Publishing, Ottawa, Canada K1A 0S9 UPDATING CANADA’S CITIZENSHIP LAWS: ISSUES TO BE ADDRESSED REPORT OF THE STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION Hon. Andew Telegdi, P.C., M.P. Chair November 2004 STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION CHAIR Hon. Andrew Telegdi, M.P. (Kitchener—Waterloo, ON) VICE-CHAIRS Meili Faille, M.P. (Vaudreuil-Soulanges, QC) Inky Mark, M.P. (Dauphin—Swan River—Marquette, MB) MEMBERS Diane Ablonczy, M.P. (Calgary—Nose Hill, AB) Hon. David A. Anderson, M.P. (Victoria, BC) Colleen Beaumier, M.P. (Brampton West, ON) Roger Clavet, M.P. (Louis-Hébert, QC) Hon. Hedy Fry, M.P. (Vancouver Centre, BC) Helena Guergis, M.P. (Simcoe—Grey, ON) Rahim Jaffer, M.P. (Edmonton—Strathcona, AB) Bill Siksay, M.P.