08. COALITION CONDEMNS NEW SECURITY CERTIFICATE LAW

COALITION CONDEMNS NEW SECURITY CERTIFICATE LAW

(The following article is from the November 16-30, 2007 issue of People's Voice, Canada's leading communist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $25/year, or $12 low income rate; for U.S. readers - $25 US per year; other overseas readers - $25 US or $35 CDN per year. Send to: People's Voice, c/o PV Business Manager, 133 Herkimer St. Unit 502, Hamilton, ON, L8P 2H3.

The Canadian Arab Federation (CAF) is calling on Parliament to reject Bill C-3, which allows for the continued use of the draconian security certificate process. The CAF has taken the initiative to win broad support for the following joint statement on the new Security Legislation:

     A broad alliance of human rights, civil society and community organizations are calling on Parliamentarians to reject the new legislation that re-instates the use of the security certificate and allows "special advocates" to speak on behalf of the detainee.

     The Supreme Court in February struck down the security certificate in Charkaoui v. Canada but the government hopes that the addition of the special advocate measure will allow the security certificate to remain a legal practice in the eyes of the Supreme Court although this law (minus the special advocate clause) is nearly identical to the previous, unconstitutional one.

     The emergence of these provisions ensure that law enforcement and security agencies will be given extraordinary powers to detain and question individual suspects accused of terror activities without due process. Furthermore, the suspects have no means to defend themselves as they are forbidden to see the evidence, if any, against them, thereby further eroding the principles of the legal system.

     This legislation also does not address human rights concerns and violations and does not even attempt to limit the powers of our policing bodies. The Conservative government does not even appear interested to relate our legitimate concerns regarding the egregious nature of the bill.

     Canada is well on its way to creating a two-tier justice system - one for non-citizens and one for citizens. The implication that non-citizens pose a serious threat to Canada underlies this piece of legislation; it is a part of immigration policies and not part of the Criminal Code. If a citizen were detained under a security certificate, one may be assured of the public outcry resulting from several violations of the Charter.

     We want to remind the Harper government that the re-introduction of the security certificate measure indicates a contempt for organizations in Canada which are opposed to this bill and represents a categorical and outright departure from the legal values of this country because it:

1) threatens fundamental civil and human rights guaranteed by the Constitution;

2) erodes the role of judges in our legal system;

3) discriminates against non-citizens from racialized communities;

4) gives augmented and unnecessary powers to law-enforcement personnel who have made grievous errors in the past;

5) constructs two separate, unequal justice systems for non-citizens and citizens;

6) betrays the lawyer-client privilege contained within our Charter;

7) is absolutely unnecessary to keep Canadians safe.

     This coalition of organizations supports the rejection of the bill and a return to legislation which takes into account Canada's history as a fair and just nation. We believe that this bill and the Anti-Terrorism laws in this country do nothing to quell the threat of terrorism and instead impose threats to human rights and the rule of law. A strong commitment to safeguard human rights and the freedoms allowed by our Constitution will be a much more secure and sound means to keep those living in Canada safe from terror and rights abuses by the state. We do not want and should not have to live in fear from the state and each other.
     Endorsed by the following groups: Adala-Canadian Arab Justice Committee, Vancouver; Al-Huda Lebanese Muslim Society; Al-Nahda Social and Cultural Club; Albilad Newspaper, London; Alliance of Concerned Jewish Canadians; Bayan Centre, Progressive Iranian Canadian Muslims; BC Southern Interior Peace Coalition, Grand Forks, BC; Brampton Coalition for Peace and Justice; Canadian Arab Society of London, Ontario; Canada Palestine Association, Vancouver; Canada Palestine Support Network, Ottawa; Canadian Islamic Congress; Canadian Labour Congress; Canadian Peace Alliance; Chinese Canadian National Council; Coalition Against Israeli Apartheid; Coalition of Arab Canadian Professionals and Community Associations, Ottawa; Communist Party of Canada; Council on American-Islamic Relations Canada (CAIR-CAN); Creative Response; CUPE Local 2191; CUPE Ontario; Forum Musulman Canadien - Canadian Muslim Forum (FMC-CMF); Gerald and Maas, editions, Ottawa; Hamilton Council of Canadian Arabs; Islamic Ahlul Bayt Assembly of Canada; Islamic Society of York Region; Jewish Women's Committee to End the Occupation; Justice for Mohamed Harkat Committee; Lawyers Against the War; Metro Toronto Chinese & Southeast Asian Legal Clinic; Moroccan Association of Toronto; Muslim Council of Montreal; Muslim Unity Group; National Anti-Racism Council of Canada; Niagara Coalition for Peace, St. Catharines; Niagara Palestinian Association, St Catharines; Not In Our Name (NION): Jewish Voices Against Israel's Wars; Ontario Federation of Labour; Palestine House, Mississauga; Palestinian and Jewish Unity, Montreal; Parole Arabe, Montreal; Peaceworks, Midland; Salaheddin Islamic Centre; Solidarity for Palestinian Human Rights, Carleton University; Solidarity for Palestinian Human Rights, McMaster University; Somali Canadian Diaspora Alliance; Somali Canadian National Congress; TARIC Islamic Centre, Toronto; The Muslim Services, Toronto; Voice of Palestine, Vancouver.

     More information: http://www.caf.ca.