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On Immigration Security Measures People’s Commission on Immigration Security Measures Final Report — February 2007 Initiating groups Coalition Justice for Adil Charkaoui Coalition Justice for Adil Charkaoui formed in Montreal in a matter of days after his abrupt arrest. The Coalition – an alliance of progressive Muslim groups, refugee and immigrant rights organizations, anti-oppression groups and the Charkaoui family – demands the immediate release of all Security Certificate detainees, no deportations, a fair trial, an immediate end to the “Security Certificate” system, an end to scape-goating in response to American pressure, and an end to the harassment of Muslims and Arabs. Contact: (514) 859-9023 [email protected] www.adilinfo.org Solidarity Accross Borders Solidarity Across Borders is a network of non-status, refugees and immigrants and their supporters. Solidarity across borders has come together on four main demands for refugees and immigrants: the regularisation of all non-status people in Canada; no deportations; no detentions; and the abolition of security certificates. Contact: (514) 859-9023 [email protected] www.solidarityacrossborders.org QPIRG-Concordia QPIRG-Concordia is a community and student resource centre based at Concordia University that supports grassroots initiatives, projects and research related to environmental and social justice issues. QPIRG is committed to being inclusive and accessible to all; we recognize the links between various forms of oppression and are actively opposed to discrimination on the basis of gender, race, class, sexual orientation, dis/ability, health, size, citizenship status, language and spiritual beliefs. Contact: (514) 848-7585 [email protected] Table of contents Acronyms . .1 Glossary . .3 Introduction . .7 1 National Security and Racial Profiling . 13 Historical context . 13 National security and racial profiling . 16 Current experiences of racial profiling and national security . 18 2 Due process is not a lot to expect from a democracy... 23 Security certificates proceedings . 23 Testimony about Security certificates . 25 Other immigration security measures . 27 Broader impact of immigration security measures . 29 A pattern of incompetence and abuse by Canadien intelligence agencies . 30 Lack of recourse . 38 Recommendations for reform and alternatives . 39 Beyond the legal framework . 42 3 Abitrary and Indefinite detention . 47 Basic principle: the right to freedom . 47 (Il)legality of security certificate detentions . 48 Detention under the Immigration and Refugee Protection Act (IRPA) . 49 Detention of security certificates detainees . 50 Guantanamo North: the new prison at Millhaven (Kingston) . 56 Release conditions . 58 Detained asylum seekers . 60 Impact on families of security certificates detainees . 60 Studies on the impact of indefinite and arbitrary detention . 63 Conclusions . 64 4 Deportation: whose security? . 67 Introduction and context . 67 Deportation to torture: legal framework . 68 Diplomatic assurances . 69 Impact of threat of deportation . 71 Extraordinary and “ordinary” rendition . 72 Effectiveness of deportation as a security measure . 72 5 Conclusions and recommendations . 75 Racism and national security . 75 Due process . 77 Detention . 78 Deportation . 80 Bibliography . .83 Annexes A A-1 Komagata Maru Incident . 86 A-2 Key passages from Immigration and Refugee Protection Act . 87 A-3 Key Charter provisions . 90 Annexes B B-4 Framework of the Commission . 92 B-5 Biographies of Commissioners and Researchers . 94 B-6 Endorsers and Sponsors . 96 B-7 Schedule of Public Hearings . 98 B-8 Witnesses at Public Hearings . 99 B-9 Survey on immigration security measures . 101 B-10 Results of Public Consultations in Quebec . 103 Acronyms 9/11 September 11, 2001 APEC Asia-Pacific Economic Cooperation CAIR-CAN Council on Arab-Islamic Relations Canada CBSA Canadian Border Services Agency CCR Canadian Council for Refugees CIC Citizenship and Immigration Canada COBP Coalition Opposed to Police Brutality CPI Centre for Prevention of Immigration CSIS Canadian Security Intelligence Services CUPW Canadian Union of Postal Workers DFAIT Department of Foreign Affairs and International Trade FARC Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (Revolutionary Armed Forces of Colombia – People’s Army) FBI Federal Bureau of Investigation FIS Front islamique du salut (Islamic salvation front) FRETILIN Revolutionary Front for an Independent East Timor GIA Groupe Islamique Armé (Armed Islamic Group, Algeria) ICLMG International Civil Liberties Monitoring Group IRB Immigration and Refugee Board IRPA Immigration and Refugee Protection Act PKK Partiya Karkerên Kurdistan (Kurdistan Worker’s Party) PRRA Pre-Removal Risk Assessment PTSD Post Traumatic Stress Disorder RCMP Royal Canadian Mounted Police SIRC Security Intelligence Review Committee UNCAT United Nations Convention Against Torture UP Union Patriotica Glossary Affadavit A written declaration made under oath before a notary public or other authorized officer. Anti-Terrorism Act See C-36. Arbitrary detention Detention is arbitrary under Canadian law if it is not in conformity with the law; the law which provides for the detention is vague, impre- cise or disproportionate and does not respect basic principles of human rights; the detention cannot be reviewed by a judicial authority or a per- son delegated with such authority; it is impossible to contest the legality of one’s detention before a judicial tribunal; there is no possibility of release when the grounds for detention cease to exist. Asylum seeker Somebody who is waiting for their application for refugee status to be assessed. Bail Bail, or interim release, is a form of conditional release to the commu- nity, generally prior to trial or sentencing. Conditions of bail may include reporting to officials, or posting a financial guarantee. C-36 The Anti-Terrorism Act, enacted in 2001 in response to the events of 11 September 2001 in the United States. Introduced changes to tens of other laws in order to “combat terrorism and terrorist activities at home and abroad”. Had a broad-reaching impact from immigration, charita- ble donations to erosion of due process and privacy. Canadian Security and Canadian spy agency established by the 1984 CSIS Act, largely in Intelligence Services response to a scandal caused by illegal actions of the RCMP in the 1970s. Communication Security Canada’s “national cryptology agency” – a federal government agency Establishment tasked with gathering communications intelligence “in support of defence and foreign policy” and protecting Canadian government elec- tronic communications and information. Conditional release Release from detention on conditions prescribed by a judge, such as periodic reporting to an authority, or bans on certain behaviours or activities. 4 – people’s commission on security measures – final report Control orders A term used to refer to conditions imposed by a judge in place of imprisonment, such as house arrest or accompaniment. Detention review Judicial review of the reasons for imprisonment with a view to libera- ting the detainee. Diplomatic assurances In cases of deportation, assurances that are sought from the country that the person is being deported to, that the deportee will not be tor- tured or mistreated in that country. Due process Legal principles that aim to protect individuals from the arbitrary exer- cise of state power. Consisting of two elements: a set of individual rights and freedoms within the legal system designed to protect individuals against repressive state action; and a guarantee that the state will both enforce and respect these rights. Ex parte A hearing which takes place in the absence of one of the parties. Extraordinary rendition The term commonly used to refer to when one state delivers an indi- vidual to authorities in another state in order to avoid legal constraints against interrogation under torture – that is, state kidnap and torture. Foreign national A “person who is not a Canadian citizen or a permanent resident, and includes a stateless person”. New category introduced in the Immigration and Refugee Protection Act in 2002. Habeas corpus A writ alleging that an individual has been unlawfully detained and ordering the official having custody of the individual to bring the per- son before a court for the purpose of determining whether the impri- sonment was legal. Huis clos Closed hearing. Immigration and Canada’s independent administrative tribunal which makes decisions Refugee Board on refugee and immigration matters Immigration security Security related measures that are being imposed on international measures migrants (immigrants, refugees and asylum-seekers) in the name of national security. These measures include security certificates, detention and deportation, rendition and general inequality of treatment such as racial profiling. Indefinite detention Detention for an indefinite period. Komagata Maru The Komagata Maru was a Japanese steam liner that sailed to Vancouver in 1914, carrying 376 passengers from Punjab, India. The passengers were not allowed to land in Canada and the ship was forced to return to India. This was one of the most notorious “incidents” in the history of early 20th century exclusion laws designed to keep out immigrants of Asian origin. Naturalized citizen Citizens who were born outside the country (as opposed to “natural citizens”, born in the country). glossary – 5 Non-status Person without a legal status; ie vulnerable to exploitation and not
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