DOCSLIB.ORG

How You Can Help Under Security Certificates in Canada

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
How You Can Help Under Security Certificates in Canada Security Certificate 5 Five muslim men are currently being held What We Want How You Can Help under Security Certificates in Canada. Since December of 2002 the Justice This man According to Amnesty International, all of for Mohamed Harkat Committee Contact Prime Minister Stephen their lives are at risk if deported from Canada has been insisting that the Canadian Harper, the ministers, individuals is facing government and the general public listed below, and your local MP: deportation Mohammad Mahjoub recognize that the Security Certificate % House of Commons Ottawa, ON, K1A 0A6 • An agricultural engineer process is undemocratic and violates who fled torture in Egypt. (no postage necessary to M.P.’s) to torture Married with three children. fundamental human rights, while not Right Hon. Stephen Harper Held since June 2000, he enhancing the security of Canadians. Office of the Prime Minister acquired Hepatitis C in jail Accordingly, we demand that email: [email protected] Ph: (613) 996-6740 Fax: (613) 947-0310 the Security Certificate process be The Hon. Stockwell Day Mahmoud Jaballah abolished. Minister of Public Safety & Emergency • married, with six children. For those currently imprisoned Preparedness email: [email protected] Held since August 2001. Ph: (613) 995-1702 Fax: (613) 995-1154 under security certificates, we demand: He “won” against a prior The Hon. Diane Finley security certificate, a new one • That they be released Citizenship & Immigration Canada was signed despite a lack of immediately; or, if any case email: [email protected] any new evidence against them actually exists, Ph: (613) 996-4974 Fax: 613) 996-9749 that they be allowed to defend The Hon. Robert Douglas Nicholson Minister of Justice & Attorney General Hassan Almrei themselves in open, fair and email: [email protected] Released on • A poet, he ran a small independent trials with full Ph: (613) 995-1547 Fax: (613) 992-7910 import shop in Saudi Arabia. bail after 3.5 Held since October 2001, he disclosure of the case against Educate people you know years in prison, spent over 4 years in solitary them. about security certificates Mohamed Harkat confinement. and encourage them to is now under • That they not be deported to take action. virtual house countries where they may be arrest awaiting a Mohamed Harkat Join the Justice for Mohamed •see other side for more jailed, tortured or killed. decision from the information about Mohamed Harkat emergency contact list. Supreme Court Sign our statement To be informed of last-minute events forward your phone numbers or email to: against secret trials [email protected] Visit www.nowar-paix.ca/harkat Adil Charkaoui to add your name Donate Justice for Mohamed • married, with three Funds for legal support are badly needed! Harkat Committee children, held from May Please make cheques payable to: 2003 to February 2005. Like What if it were you or www.zerra.net/freemohamed Mohamed Harkat, he was Justice for Mohamed Harkat Committee [email protected] released with severe bail someone you love...? 22 Rue Dalpé apt. 6 Gatineau QC J8Y 2Y5 conditions What is a Security Certificate? In the name of “National Security” Mohamed’s Story the Security Certificate violates all the • At the request of the Canadian fundamental principles of justice. Mohamed Harkat has been in Canada Security Intelligence Service (CSIS), since 1995. In 1997, he was given refugee the government of Canada can declare It violates the Canadian Charter of Rights Constitutionality of status after successfully claiming government any permanent resident, non-citizen of and Freedoms, the Constitution, the UN persecution if he were to return to Algeria. Security Certificates: Canada, inadmissable to this country Universal Declaration of Human Rights, the On December 10, 2002, Mohamed was Supreme Court Decision based on undisclosed grounds. CSIS then UN Convention on Refugees, the Inter- arrested by undercover police outside his national Covenant on Civil and Political home in Ottawa. He spent one year of his has that person arrested. They can hold Rights and the UN Convention on Torture. 3 1⁄2 year detention in solitary confinement. the accused indefinitely, without charge. In June of 2006 the legal teams of three He was released on bail on June 21, 2006, The Security Certificate is also completely of the Security Certificate detainees, • The detained person’s lawyer is given with the strictest conditions in Canadian contrary to the Canadian justice system, including Mohamed Harkat, argued in only a summary of allegations, and is history: because the accused cannot even have a the Supreme Court that the Security denied access to evidence that CSIS • He must wear a GPS monitoring device lawyer review the evidence against him; Certificate process is unconstitutional, at all times to track his movements both wants kept secret for national security with no access to the evidence, there can be based on: inside and outside his residence. reasons. The CSIS-approved judge is no defence made, and no access to justice. • He must be under 24 hour supervision by presented with some of the evidence • Lack of access to the evidence, either his wife, Sophie Harkat; his mother-in- behind closed doors, without a defence and therefore an abrogation of law, or her partner. lawyer being present. • All outings (a maximum of four hours international law long, three times per week) must be approved • The judge’s mandate is to rule on • Lack of fairness in different 48 hours in advance by the Canadian Border whether there were “reasonable grounds” standards of rights (depending on citizenship status) Services Agency (CBSA). Two of their to issue the security certificate. This officers follow them at all times. conclusion is reached without cross • Conditions of detention • All visitors to the Harkat residence must examination and no appeal. be pre-approved by the CBSA. The Supreme Court also heard • All mail is intercepted and telephone • CSIS need only prove that there is interventions against the Security conversations are monitored. a possibility, or a belief, that a person No Deportations. Certificates from dozens of human • No wireless devices are allowed in the might do something that threatens rights and legal organizations including residence; He is prohibited from using a national security, based on the It is well established in international law Amnesty International and the Law computer. individual’s actual, past or potential that no deportations should take place to Union of Ontario. Mohamed’s release coincided with the activities or associations. No actual countries where there is risk of death or discovery of evidence that the informant torture. In the case of Algeria, the country who triggered his arrest, Abu Zabaydah, was crime need have been committed. The The arguments in favour of the process to which the government is trying to considered certifiably insane in the view of court can rule only on whether it is were made by lawyers for the federal possible that the allegations are true. deport Mohamed Harkat, recent Amnesty American intelligence officials, and he may International statements and reports are and Ontario governments. have given information while being tortured. • If the judge upholds the Certificate, the clear that the risk of torture is high. Similar CSIS alleges that Mohamed has been, is, detainee automatically faces immediate risks are documented for Egypt, Syria and A decision of the Supreme Court is or will be involved with terrorism. Mohamed deportation. The decision is final and no Morocco. Diplomatic assurances are no expected in March of 2007. denies any involvement with any terrorist appeal is permitted. safeguard against torture. organizations..
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • ICLMG Submission to the CAT 2018
    International Civil Liberties Monitoring Group (ICLMG) Canada Submission of Information to the Committee Against Torture 65th session (12 November - 7 December 2018) 1. The ICLMG The ICLMG is a pan-Canadian coalition of civil society organizations that was established in the aftermath of the September 11th, 2001 terrorist attacks in the United States. The coalition brings together 45 international development and human rights NGOs, unions, professional associations, faith groups, environmental and refugee organizations. Its purpose is to monitor the impact of anti- terrorism and national security legislation on human rights standards, to advocate against abuses and violations, and in certain cases, to take up the cause of those who have become victims of such abuses. 2. Canada’s Ratification and Implementation Canada ratified the Convention Against Torture on June 24th, 1987 and the Treaty entered into force for Canada on July 24th 1987. On November 13th, 1989 pursuant to art. 21 and 22 of the Convention, Canada recognized the competence of the Committee Against Torture (CAT) to receive and consider inter-state and individual complaints against it. Canada has implemented the Convention through the adoption of the Canadian Charter of Rights and Freedoms in 1982 and in particular, through the adoption of articles 12 and 24(2) of the Charter. Canada’s implementation also includes art. 269.1 of the Criminal Code and the enactment of the Crimes Against Humanity and War Crimes Act, also certain provisions of the Immigration and Refugee Protection Act. Canada has also ratified the International Covenant on Civil and Political Rights which includes art. 7 (against torture) and the Convention on the Rights of the Child which includes art.
    [Show full text]
  • Understanding the Impact of Surveillance and Security Measures on Muslim Men in Canada
    Understanding the Impact of Surveillance and Security Measures on Muslim Men in Canada Understanding the Impact of Surveillance and Security Measures on Muslim Men in Canada Tabasum Akseer Centre for International and Defence Policy, Queen’s University Kingston, Ontario, Canada 2018 This project has been financed through the Community Resilience Fund of Public Safety Canada. Opinions expressed in this document do not necessarily represent official policy of the Government of Canada. Library and Archives Canada Cataloguing in Publication Title: Understanding the impact of surveillance and security measures on Muslim men in Canada / Tabasum Akseer. Names: Akseer, Tabasum, 1984- author. | Queen’s University (Kingston, Ont.). Centre for International and Defence Policy, issuing body. Series: Martello papers ; 42. Description: Series statement: Martello papers, 1183-3661 ; 42 | Includes bibliographical references. Identifiers: Canadiana 20189065117 | ISBN 9781553396079 (PDF) Subjects: LCSH: Muslim men—Canada—Attitudes. | LCSH: Muslim men—Canada—Social con- ditions. | LCSH: National security—Canada. | LCSH: Terrorism—Prevention—Government policy—Canada. Classification: LCC FC106.M9 A58 2018b | DDC 305.6/97071—dc23 Abstract This study explores the effects of national security measures, in par- ticular security certificates, on the Canadian Muslim male population. While the constitutionality and use of certificates have been widely debated, few studies have explored the impact of security certificates and other national security measures on the Muslim/Arab population in particular. This Martello Paper explores the perceptions of surveil- lance experienced by this group and notes significant quantitative and qualitative differences on Muslim men compared to non-Muslim men. Survey data (50n) illustrate a “chilling effect” among Muslim men in the study, who are significantly less likely to exercise their civil liber- ties.
    [Show full text]
  • The Daily Update
    The Daily Update 14 December 2010 The Investigative Project on Terrorism (IPT) www.investigativeproject.org Subscriptions available only from [email protected] NOTE: The next Daily Update will be circulated during the week of 21 December 2010 General security, policy 1. U.S. and Allies plan more sanctions against Iran; Unwanted Iran brokers: US irked by overeager Swiss 2. Russia has put its forces on alert because of increased tension on the Korean Peninsula; China says N. Korea agrees on need to ease tensions 3. Maryland terror suspect ordered held until trial; new details of bomb plot revealed 4. Accused terrorist, Mohamed Harkat, also accused of cheating 5. Feds to halt GPS tracking of terror-linked felon, Semi Osman 6. 26/11 suspect Rana's Chicago status hearing cancelled Air, rail, port, health & communication infrastructure security 7. MTA plans to increase the number of NYC buses fitted with security cameras 8. US senator calls for hearings on plane registry 9. Charlotte airport and TSA confirm investigation of security breach of stowaway 10. Modern eye on NY Midtown’s diamond trade Financing, money laundering, fraud, identity theft, civil litigation 11. Treasury targets Hizballah financial network; Accused Hezbollah cell leader in US court to reduce 155-year sentence in 2002 smuggling case 12. Ohio terror victim's family proves right to punitive damages from Iran 13. FBI agents search four Henderson, NC convenience stores 14. Treasury targets financial network of Colombian drug lords allied with the FARC Border security, immigration & customs 15. WikiLeaks: Mexico can't control border; Cartels targeting pickups 16.
    [Show full text]
  • The Terrorist Sleeper Threat in an Age of Anxiety About the Author
    DSFG/WIIS-C Working Paper April 2021 Author Dr. Shannon Nash The Terrorist Sleeper Threat in an Age of Anxiety About the Author Dr. Shannon Nash is the Postdoctoral Network Manager of the North American and Arctic Defence and Security Network (NAADSN). She coordinates NAADSN events, re- search projects and outputs, multimedia presence, website, and reports. She promotes relationships between the network and collaborators and manages NAADSN’s student and graduate research fellows. As part of her work with NAADSN, Dr. Nash is a post-doctoral r esearch fellow at Trent University studying past and present terrorist threats and attacks as well as Canadian, American, and international defence, security and counterterrorism policies. Her current research examines the fluidity of the “terrorism” label and how the label is informed and applied to a violent attack in Canada. This research looks at how racism, Islamophobia and white supremacy, and how and who we frame as “other”, or “terrorist”, are all profoundly connected. Dr. Nash is also working on a project at the University of Water- loo that looks at education and training in national security and counterterrorism in Cana- da. She has recently completed a review of important studies and practical efforts to anticipate and reduce risk factors contributing to lasting traumatization of terrorist victims for a chapter in the forthcoming Handbook of Terrorism Prevention and Preparedness (Ed. Alex P. Schmid). Dr. Nash received her Ph.D. in History from the University of Toronto with a focus on 20th Cen- tury American History, Terrorism, and International Relations. Her doctoral thesis looks at the reality of al Qaeda espionage methodology and how the idea of a sleeper agent was per- ceived and adapted to fit the terrorist threat posed by al Qaeda from the 1990s onwards.
    [Show full text]
  • Table of Contents
    VOLUME 16 • NUMBER 2 • FEBRUARY, 2012 Table of Contents - SPECIAL ISSUE review Introduction 129 Redrawing Security, Politics, Law And Rights: Reflections On The Post 9/11 Decade Alexandra Dobrowolsky and Marc Doucet, Guest Editors Articles 139 The Post-9/11 National Security Regime in Canada: Strengthening Security, Diminishing Accountability Reg Whitaker 159 Failing to Walk the Rights Talk? Post-9/11 Security Policy and the Supreme Court of Canada Emmett Macfarlane 181 Insecure Refugees: The Narrowing of Asylum-Seeker Rights to Freedom of Movement and Claims Determination Post 9/11 in Canada Constance MacIntosh 211 Governing Mobility and Rights to Movement Post 9/11: Managing Irregular and Refugee Migration Through Detention Kim Rygiel 243 Counter-Terrorism In and Outside Canada and In and Outside the Anti-Terrorism Act Kent Roach 265 The Role of International Law in Shaping Canada’s Response to Terrorism Frédéric Mégret Book Review 287 From Counter Terrorism to National Security: Review of The 9/11 Effect: Comparative Counter-Terrorism, Kent Roach Adam Tomkins Redrawing Security, Politics, Law and Rights: Reflections on the Post 9/11 Decade Alexandra Dobrowolsky* Marc G. Doucet* September 11, 2011 marked the ten-year anniversary of that tragic and fate- ful day when four hijacked airliners crashed into the World Trade Center, the Pentagon, and a field in Pennsylvania, killing 2,997 people. Over the last decade, the aftershocks of these terrorist attacks on the US have certainly been felt the world over, including in one of its closest, proximal, neighbours, Canada. While initial responses claimed that 9/11 “changed everything,” this spe- cial issue explores and evaluates whether and/or how this was the case for Canada.
    [Show full text]
  • In the Matter of Harkat 2003 FCT
    Date: 20030619 Docket: DES-4-02 Citation: 2003 FCT 759 IN THE MATTER OF a certificate signed pursuant to subsection 77(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, (the " Act "); AND IN THE MATTER OF the referral of that certificate to the Federal Court of Canada pursuant to subsection 77(1), sections 78 and 80 of the Act ; AND IN THE MATTER OF Mohamed Harkat. REASONS FOR ORDER DAWSON J. [1] Mr. Harkat has moved for an order pursuant to section 79 of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 ("Act") suspending this proceeding in order to permit him to make, and the Minister of Citizenship and Immigration ("Minister") to decide, an application for protection. What fundamentally is put in issue in this motion is the timing of the Minister's decision as to whether Mr. Harkat may be removed from Canada if, in this proceeding, he is found to be inadmissible to Canada. This issue, in turn, depends upon ascertaining Parliament's intention as expressed in the Act. BACKGROUND FACTS [2] The factual basis on which this dispute arises is as follows. On February 24, 1997, Mr. Harkat was found to be a Convention refugee. [3] Thereafter, on December 10, 2002 a certificate, signed by the Minister and the Solicitor General of Canada ("security certificate" or "certificate") was referred to this Court pursuant to subsection 77(1) of the Act for determination as to whether the certificate is reasonable. The security certificate asserts that Mr. Harkat is inadmissible to Canada under paragraphs 34(1)( c) and 34(1)( f) of the Act.
    [Show full text]