Terror in the Peaceable Kingdom UNDERSTANDING and ADDRESSING VIOLENT EXTREMISM in CANADA
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The Honourable Marc Garneau P.C., M.P. Minister of Foreign Affairs of Canada Global Affairs Canada 125 Sussex Drive Ottawa, Ontario K1A 0G2
The Honourable Marc Garneau P.C., M.P. Minister of Foreign Affairs of Canada Global Affairs Canada 125 Sussex Drive Ottawa, Ontario K1A 0G2 Tuesday, June 22nd 2021 Object: Audit of the financial and personal connections of Hong Kong officials in Canada Dear Minister, We the undersigned, are writing to raise our concern about the deteriorating human rights situation in Hong Kong and to urge the Canadian Government to undertake an audit of the financial and personal connections Hong Kong officials have in Canada. In the recent months, we have seen Beijing continue its crackdown on the pro-democracy movement in Hong Kong with the mass arrest and charging of 47 pro-democracy activists under the National Security Law, the introduction of electoral reform which would prevent pro- democracy parties from standing for election, the freezing of the owner of Apple Daily Jimmy Lai’s assets, the passing of an Immigration Bill which would give the Chinese Government the power to restrict freedom of movement into and out of the city, and the banning of the June 4 Tiananmen Square vigil. In the middle of Beijing’s destruction of Hong Kong’s autonomy, rule of law, and way of life, stand thousands of Canadian citizens who are fearful of their future in the city. They are desperately waiting on the Canadian Government and its allies to act. With nearly every prominent pro-democracy voice in Hong Kong in jail, awaiting trial, or overseas in exile, it is clear that there is an increased need for a robust and coordinated response against the Hong Kong officials who are responsible for human rights abuses and the crackdown on the pro- democracy movement in the city. -
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. -
Canada's Different Criminal and Constitutional Standards of Fault
Kent Roach* MIND THE GAP: CANADA’S DIFFERENT CRIMINAL AND CONSTITUTIONAL STANDARDS OF FAULT† This paper critically assesses the gap between Canada’s criminal law standards of fault articulated in the 1950s and 1970s and its constitutional standards of criminal fault articulated in the 1980s and 1990s. This gap is explained in terms of the Court’s ambivalence about subjective fault principles as manifested by its acceptance of criminal negligence. It is also explained by the Court’s unique treatment of section 7 of the Canadian Charter of Rights and Freedoms as a right that, unlike any other right in the Charter, is only subject to reasonable limitation under section 1 of the Charter in extraordinary emergency situations. The paper then suggests that the gap between crim- inal and constitutional fault standards is not sustainable and can only be closed if the Court rethinks its approach to the limitation of section 7 rights. Maintenance of the gap may erode respect for common-law presumptions of subjective fault. If this occurs, Canada’s apparently robust approach to the constitutionalization of fault will have actually diminished respect for and protection of subjective fault principles. Keywords: criminal law/Canada/fault/common law/constitutional/ fundamental justice i Introduction The Canadian experience with constitutionalization of criminal law fault principles seems at first glance to be positive and robust. Unlike in the United States, the Canadian courts have struck down felony murder and various absolute-liability provisions as inconsistent with constitutional requirements of fault.1 The Court has also gone farther than courts in Israel and Germany in constitutionalizing fault requirements,2 as well as principles that would prohibit convictions for physically3 or morally * Faculty of Law, University of Toronto † I thank the participants of the Criminal Law and Constitutionalism conference held at the University of Toronto and especially Hamish Stewart for helpful comments on an earlier draft of this article. -
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. -
Post-Truth Politics and Richard Rorty's Postmodernist Bourgeois Liberalism
Ash Center Occasional Papers Tony Saich, Series Editor Something Has Cracked: Post-Truth Politics and Richard Rorty’s Postmodernist Bourgeois Liberalism Joshua Forstenzer University of Sheffield (UK) July 2018 Ash Center for Democratic Governance and Innovation Harvard Kennedy School Ash Center Occasional Papers Series Series Editor Tony Saich Deputy Editor Jessica Engelman The Roy and Lila Ash Center for Democratic Governance and Innovation advances excellence and innovation in governance and public policy through research, education, and public discussion. By training the very best leaders, developing powerful new ideas, and disseminating innovative solutions and institutional reforms, the Center’s goal is to meet the profound challenges facing the world’s citizens. The Ford Foundation is a founding donor of the Center. Additional information about the Ash Center is available at ash.harvard.edu. This research paper is one in a series funded by the Ash Center for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government. The views expressed in the Ash Center Occasional Papers Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or of Harvard University. The papers in this series are intended to elicit feedback and to encourage debate on important public policy challenges. This paper is copyrighted by the author(s). It cannot be reproduced or reused without permission. Ash Center Occasional Papers Tony Saich, Series Editor Something Has Cracked: Post-Truth Politics and Richard Rorty’s Postmodernist Bourgeois Liberalism Joshua Forstenzer University of Sheffield (UK) July 2018 Ash Center for Democratic Governance and Innovation Harvard Kennedy School Letter from the Editor The Roy and Lila Ash Center for Democratic Governance and Innovation advances excellence and innovation in governance and public policy through research, education, and public discussion. -
Twentieth-Century Canadian Law, Psychiatry, and Social Activism in Relation to Pedophiles and Child Sex Offenders
Twentieth-Century Canadian Law, Psychiatry, and Social Activism in Relation to Pedophiles and Child Sex Offenders By Justin F. Smith Thesis Submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements of the MA degree in History University of Ottawa © Justin F. Smith, Ottawa, Canada, 2017 ABSTRACT Twentieth-Century Canadian Law, Psychiatry, and Social Activism in Relation to Pedophiles and Child Sex Offenders Justin Smith Supervisor: University of Ottawa Heather Murray The contemporary conflation of pedophiles and child sex offenders is a prevalent aspect of reporting in news and social media, as well as in government- sponsored efforts to prevent child sexual victimization. Throughout twentieth century Canada, however, legal experts, psychologists and psychiatrists, and social activists were recognizing the harmfulness of grouping individuals who may have a propensity to commit crime with those who have committed the most heinous of criminal acts. As early as 1938, Canadian legal experts suggested that criminal insanity was a myth, advocating for a divergence between legal punishment and psychiatric healthcare, but after World War 2 had enacted serious efforts targeting criminal sexual psychopathy. Successive Royal Commissions investigating sexual victimization and child abuse revealed that Canadian courts, jails, prisons, and remand services were unable to solely deal with the realities of child sexual victimization. Psychologists and psychiatrists of the American Psychological Association increasingly researched sex and sexuality, classifying pedophilia as a paraphilia using child sexual victimization as a diagnostic indicator and criterion. Gay liberation activists discussed inequalities posed between hetero- and homosexual ages of consent and, more rarely, thought about the total abolition of age of consent. -
The NDP's Approach to Constitutional Issues Has Not Been Electorally
Constitutional Confusion on the Left: The NDP’s Position in Canada’s Constitutional Debates Murray Cooke [email protected] First Draft: Please do not cite without permission. Comments welcome. Paper prepared for the Annual Meetings of the Canadian Political Science Association, June 2004, Winnipeg The federal New Democratic Party experienced a dramatic electoral decline in the 1990s from which it has not yet recovered. Along with difficulties managing provincial economies, the NDP was wounded by Canada’s constitutional debates. The NDP has historically struggled to present a distinctive social democratic approach to Canada’s constitution. Like its forerunner, the Co-operative Commonwealth Federation (CCF), the NDP has supported a liberal, (English-Canadian) nation-building approach that fits comfortably within the mainstream of Canadian political thought. At the same time, the party has prioritized economic and social polices rather than seriously addressing issues such as the deepening of democracy or the recognition of national or regional identities. Travelling without a roadmap, the constitutional debates of the 80s and 90s proved to be a veritable minefield for the NDP. Through three rounds of mega- constitutional debate (1980-82, 1987-1990, 1991-1992), the federal party leadership supported the constitutional priorities of the federal government of the day, only to be torn by disagreements from within. This paper will argue that the NDP’s division, lack of direction and confusion over constitution issues can be traced back to longstanding weaknesses in the party’s social democratic theory and strategy. First of all, the CCF- NDP embraced rather than challenged the parameters and institutions of liberal democracy. -
Burn It Down! Anarchism, Activism, and the Vancouver Five, 1967–1985
Burn it Down! Anarchism, Activism, and the Vancouver Five, 1967–1985 by Eryk Martin M.A., University of Victoria, 2008 B.A. (Hons.), University of Victoria, 2006 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Department of History Faculty of Arts and Social Sciences © Eryk Martin 2016 SIMON FRASER UNIVERSITY Spring 2016 Approval Name: Eryk Martin Degree: Doctor of Philosophy (History) Title: Burn it Down! Anarchism, Activism, and the Vancouver Five, 1967–1985 Examining Committee: Chair: Dimitris Krallis Associate Professor Mark Leier Senior Supervisor Professor Karen Ferguson Supervisor Professor Roxanne Panchasi Supervisor Associate Professor Lara Campbell Internal Examiner Professor Gender, Sexuality, and Women’s Studies Joan Sangster External Examiner Professor Gender and Women’s Studies Trent University Date Defended/Approved: January 15, 2016 ii Ethics Statement iii Abstract This dissertation investigates the experiences of five Canadian anarchists commonly knoWn as the Vancouver Five, Who came together in the early 1980s to destroy a BC Hydro power station in Qualicum Beach, bomb a Toronto factory that Was building parts for American cruise missiles, and assist in the firebombing of pornography stores in Vancouver. It uses these events in order to analyze the development and transformation of anarchist activism between 1967 and 1985. Focusing closely on anarchist ideas, tactics, and political projects, it explores the resurgence of anarchism as a vibrant form of leftWing activism in the late tWentieth century. In addressing the ideological basis and contested cultural meanings of armed struggle, it uncovers Why and how the Vancouver Five transformed themselves into an underground, clandestine force. -
Confronting Antisemitism in Modern Media, the Legal and Political Worlds an End to Antisemitism!
Confronting Antisemitism in Modern Media, the Legal and Political Worlds An End to Antisemitism! Edited by Armin Lange, Kerstin Mayerhofer, Dina Porat, and Lawrence H. Schiffman Volume 5 Confronting Antisemitism in Modern Media, the Legal and Political Worlds Edited by Armin Lange, Kerstin Mayerhofer, Dina Porat, and Lawrence H. Schiffman ISBN 978-3-11-058243-7 e-ISBN (PDF) 978-3-11-067196-4 e-ISBN (EPUB) 978-3-11-067203-9 DOI https://10.1515/9783110671964 This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. For details go to https://creativecommons.org/licenses/by-nc-nd/4.0/ Library of Congress Control Number: 2021931477 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at http://dnb.dnb.de. © 2021 Armin Lange, Kerstin Mayerhofer, Dina Porat, Lawrence H. Schiffman, published by Walter de Gruyter GmbH, Berlin/Boston The book is published with open access at www.degruyter.com Cover image: Illustration by Tayler Culligan (https://dribbble.com/taylerculligan). With friendly permission of Chicago Booth Review. Printing and binding: CPI books GmbH, Leck www.degruyter.com TableofContents Preface and Acknowledgements IX LisaJacobs, Armin Lange, and Kerstin Mayerhofer Confronting Antisemitism in Modern Media, the Legal and Political Worlds: Introduction 1 Confronting Antisemitism through Critical Reflection/Approaches -
Debates of the Senate
Debates of the Senate 1st SESSION . 42nd PARLIAMENT . VOLUME 150 . NUMBER 52 OFFICIAL REPORT (HANSARD) Friday, June 17, 2016 The Honourable GEORGE J. FUREY Speaker CONTENTS (Daily index of proceedings appears at back of this issue). Debates Services: D'Arcy McPherson, National Press Building, Room 906, Tel. 613-995-5756 Publications Centre: Kim Laughren, National Press Building, Room 926, Tel. 613-947-0609 Published by the Senate Available on the Internet: http://www.parl.gc.ca 1207 THE SENATE Friday, June 17, 2016 The Senate met at 9 a.m., the Speaker in the chair. quarantine of Iranian society so that they may more firmly hold it in their grip. Prayers. Honourable senators, newspaper reports suggest that our federal government is ``actively engaged'' in this case and SENATORS' STATEMENTS working closely with allies to assist Homa Hoodfar. It is my hope that their efforts to free both Saeed Malekpour and Homa Hoodfar from the malign and criminal Iranian regime IRAN will be successful. DETENTION OF HOMA HOODFAR In the meantime, I know that all honourable senators will continue to follow their cases with deep concern as we continue to Hon. Linda Frum: Honourable senators, as I rise today, I note condemn the brutal regime that has seen fit to take them hostage. that it has been almost exactly one month to this day since the Senate of Canada conducted its inquiry into the plight of innocently detained political prisoners in Iran. Today, I wish to remind us all that holding Iran accountable for PAUL G. KITCHEN its flagrant abuses of human rights cannot solely take place during a two-day inquiry, or even an annual Iran Accountability Week; it ROTHESAY NETHERWOOD SCHOOL— must take place every single day, because, sadly, there is great CONGRATULATIONS ON RETIREMENT cause for vigilance on this matter. -
Precipitating the Decline of Terrorist Groups : a Systems Analysis
Calhoun: The NPS Institutional Archive Theses and Dissertations Thesis Collection 1994-03 Precipitating the decline of terrorist groups : a systems analysis DeGhetto, Todd H. Monterey, California. Naval Postgraduate School http://hdl.handle.net/10945/30893 NAVAL POSTGRADUATE SCHOOL Monterey, California THESIS PRECIPITATING THE DECLINE OF TERRORIST GROUPS: A SYSTEMS ANALYS!S by Todd H. DeGhctto March, 1994 Thesis Advisor JamcsJ. Wirtz Approve<J for public release, distribution IS unlimited The s~s D2111ill DUDLEY KNOX LlBRPRY NAVAL POSTGRADUATE SCHOOl MONTEREY CA 93943-5101 Unclassified SecuntyCl ..l!ifiClllionoflhis~ REPORT DOCUMENTATION PAGE Is Report SecurityCI ..sificBlIon: Unclassified lbReslricli""MBI'klI\g!i 2aScaonlYCJMSlfic:ationAuibority 3 Di5lributioofAvailabilityofRepon lbDecl8SSlfi""lioniDowngraililgScbcdule Approved fur public release~ distribution is l-.llimited. 4 Pemnning Olpnizalioo Report Number(.) SMOIIi1oring0rpnizllionReponNumber(s) 6aN..-acofPerfunningOrilaniution 7a NlIIDe of Moniloriog OrgaDlzation Naval Postgraduate School Naval PostgradUIltl: School 6cAddress(cil)l.&/ak.andZlPcodI) 1bAddress(city._e. tmdZIP cotk) Monterey CA 93943-5000 MontereyCA93943-SOOO Addresslcily.SI<W.Qtt(iZlP~ WSourceofFuDdlngNumbcr.l Program Eli:ment No ProjecL No Task No Work Unit Accession No 11 Tille (incl'" ~ily cltu.ljkmklll) PRECIPITATING mE DECLINE OF TERRORIST GROUPS: A SYSTEMS ANALYSIS 12 PClllOlloi Autboti') Todd H. DeGbetto 16 SupplemCOlory Notation The views expressed in this thesis are those of the author and do not reflect the official policy or position 0 the Depanment of Defense or the U.s. Government. 18Sub;1ea. TQm$ (com", ... "" !f""<UJaryundidcmi/Yl!I'bI<>ct""",btI,) Subgroup Terror ... a System.. Red Bripdos. FLQ. Critical EmIr, DcI"IIilimi.:B1lon. MeI'l:lIIial Success. Burnout. 19Abs1f11C1(contI""""" ",i/""""'_""'whybl<>d""""-J This thesis shows how a government actor can use systems theory to hasten the deeline of a terrorist group. -
A Rare View Into 1980S Top Court
A rare view into 1980s top court New book reveals frustrations, divisions among the judges on the Supreme Court By KIRK MAKIN JUSTICE REPORTER Thursday, December 4, 2003- Page A11 An unprecedented trove of memos by Supreme Court of Canada judges in the late 1980s reveals a highly pressured environment in which the court's first female judge threatened to quit while another judge was forced out after plunging into a state of depression. The internal memos -- quoted in a new book about former chief justice Brian Dickson -- provide a rare view into the inner workings of the country's top court, which showed itself to be badly divided at the time. The book portrays a weary bench, buried under a growing pile of complex cases and desperately worried about its eroding credibility. One faction complained bitterly about their colleagues' dithering and failure to come to grips with their responsibilities, according to memos seen for the first time by the authors of Brian Dickson: A Judge's Journey. The authors -- Mr. Justice Robert Sharpe of the Ontario Court of Appeal and University of Toronto law professor Kent Roach -- also interviewed many former judges and ex-clerks privy to the inner workings of the court at arguably the lowest point in its history. "The court was struggling with very difficult issues under very difficult circumstances at the time," Prof. Roach said yesterday. "It was a court that had an incredible amount on its plate and, in retrospect, we were well served by that court." The chief agitators were Mr. Justice Antonio Lamer and Madam Justice Bertha Wilson.