News from ICLMG

Public Safety Minister: Stop Mohamed Harkat’s deportation to torture once and for all!

On the occasion of the United Nations International Day in Support of Victims of Torture on June 26th, which marks the moment when the Convention Against Torture came into effect in 1987, we have sent the letter below to the Public Safety minister urging him to stop the deportation to torture of Mohamed Harkat, and to finally put an end to 22 years of injustice.

If you can, please donate to Justice for Moe Harkat to help cover the costs of his legal defense:

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And take action to stop Moe Harkat’s deportation to torture:

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Thank you!

June 26, 2024

The Honourable Dominic LeBlanc
Minister of Public Safety
269 Laurier Avenue West
Ottawa, Canada
K1A 0P8

Via email

Dear Minister LeBlanc,

I’m writing today on behalf of the International Civil Liberties Monitoring Group, a coalition of 46 civil society organizations that since 2002 has worked to defend civil liberties in Canada in the context of anti-terrorism and national security activities, to raise urgent concerns about the case of Mohamed Harkat.

This year marks 22 years since Mr. Harkat was placed under a security certificate (ironically, on Dec. 10th – International Human Rights Day), and the beginning of the ordeal which has continuously undermined his fundamental rights.

We believe it is urgent that you act on Mr. Harkat’s case. Having been recognized as a refugee in Canada, Mr. Harkat has lived here since 1996 without ever being charged or convicted of a crime. Yet, because of the security certificate based on secretive information of questionable origin, Mr. Harkat continues to face deportation to Algeria where he will be at risk of prolonged solitary confinement, forms of treatment that constitute torture or other ill treatment, and an unfair trial based on the fact that he has been publicly identified and described by Canadian officials as a terrorism suspect and security threat.

Our coalition has long decried the use of security certificates, which undermine the rights of the targeted individual by allowing information not normally considered “evidence” to be used against them, and preventing them or their counsel from accessing the whole case brought against them – essentially eliminating any hope of mounting an adequate and full defense.

We believe that security certificates should ultimately be eradicated from Canada’s legal system, and that instead the government should focus on prosecutions under the Criminal Code, which would serve to protect the rights of the accused as guaranteed by the Canadian Charter of Rights and Freedoms and international covenants, and in accordance with the principles of fundamental justice. Despite this, security certificates were in fact significantly worsened through changes brought about with the adoption of the Anti-terrorism Act, 2015. Disappointingly, your government declined to address these issues in the recently passed National Security Act, 2017, and decided to in fact further restrict what information can be withheld from those named in a security certificate and their counsel in the recently passed Countering Foreign Interference Act.

More immediately, we are writing because, as the Minister of Public Safety, Mr. Harkat’s fate is in your hands. Under section 42.1(1) of the Immigration and Refugee Protection Act, the Minister of Public Safety is granted the power to allow Mr. Harkat to stay in Canada where it is not contrary to the national interest. The courts have consistently relaxed Mr. Harkat’s bail conditions over the years, and the Canadian Security Intelligence Service has deemed it unnecessary to even file a risk assessment during Mr. Harkat’s previous hearings. As his work colleagues and supporters have attested, and as court assessments and psychiatrists have demonstrated, Mr. Harkat is committed to leading a peaceful life and letting him stay would not be contrary to Canada’s interests. Moreover, deporting a man to a risk of imprisonment and torture is clearly against Canada’s national interest, as well as its international obligations.

We have closely followed the case of Mohamed Harkat since it came to the public eye in 2002. Under the very problematic security certificate regime, Mr. Harkat was imprisoned in maximum security for 43 months, spent years under house arrest, and faced some of the strictest bail conditions in Canadian history. The original “evidence” against Mr. Harkat was destroyed and the allegations against him are based on the testimony of an informant who failed a lie detector test and was never cross-examined in court. Mr. Harkat has never been charged with, let alone convicted, of a crime.

Life under a security certificate has also had a profoundly negative impact on Mr. Harkat’s well-being. His arrest and time in solitary confinement, the severe conditions of his release and the threat of deportation to torture have resulted in chronic depression, post-traumatic stress disorder and insomnia. Sophie Lamarche-Harkat, Mr. Harkat’s wife, has also spoken of the stress upon her, their household and their family of living with constant Canada Border Services Agency surveillance and the threat of losing a loved one. Throughout all this, Mr. Harkat has gained a community that cares about him deeply. For them, he is simply “Moe,” a loving and soft-spoken man who is always ready to help those around him. They have been living in constant fear since deportation proceedings began in 2015.

Beyond the current impacts of living under a security certificate on Mr. Harkat’s well-being, he faces a credible threat of imprisonment, abuse and torture if, as your government is seeking, he is deported to Algeria.

Amnesty International has noted that the Algerian Code of Criminal Procedure allows those charged under anti-terrorism laws to be detained for up to 12 days without access to legal counsel or charge, creating a window for abuse, and does not prohibit the use of confessions obtained under torture. Amnesty International has also reported on a 2018 case where a journalist was reportedly beaten and waterboarded, held in solitary confinement for over one month. More recently, human rights advocates have shared reports of abuse and torture in Algerian prisons during an ongoing crackdown on civil liberties using overly broad “anti-terrorism” laws.[1] In March 2024, it was reported that an Algerian national who spent 20 years of imprisonment and torture in Guantanamo Bay prison, without ever being charged, was returned to Algeria, only to be arrested, held incommunicado for 12 days, and forced to provide false confessions under duress.[2]

It is also important to note that courts in other countries, such as the UK in 2016[3] and Ireland in 2017,[4] have recognized these concerns and barred their governments from deporting individuals to Algeria as the individuals concerned faced a substantial risk of torture.

On October 26, 2017, Prime Minister Trudeau clearly stated: “I hope people remember to demand of governments, this one and all future governments, that nobody ever has their fundamental rights violated either through inaction or deliberate action by Canadian governments. Nobody ever deserves to be tortured. And when a Canadian government is either complicit in that or was not active enough in preventing it, there needs to be responsibility taken.”

Consequently, we urge you, Minister LeBlanc, to use your unique position and the discretion afforded to you under the law to exempt Mr. Harkat from deportation, end this 22-year ordeal and allow him to stay with his wife and community in Canada.

Doing so would send a clear message that defending human rights and eliminating mistreatment and torture go hand in hand with protecting the safety of people in Canada. It would also ensure that Canada upholds its commitments as a signatory to the UN Convention Against Torture. We do not want this government, or its successors, to have to once again apologize and pay compensation because your government refused to take the right action today.

We would appreciate a timely response to our letter, and if you would like more information or have any questions, we would be happy to meet with you to discuss it further.

Sincerely,

Tim McSorley
National Coordinator
International Civil Liberties Monitoring Group

[1] See: https://www.amnesty.org/en/latest/campaigns/2023/09/a-society-behind-bars-the-effects-of-algerias-widespread-crackdown-on-human-rights/ and https://menarights.org/en/articles/universal-periodic-review-how-address-current-human-rights-crisis-algeria-civil-society

[2] See: https://www.ohchr.org/en/press-releases/2024/05/former-guantanamo-bay-detainee-faces-re-victimisation-algeria-un-experts-say and https://theintercept.com/2024/05/21/guantanamo-algeria-terrorism-prison-saeed-bakhouch/

[3] Parsons, V. (2016, Apr 18). Bid to Deport Six Terror Suspects Blocked After UK Judges Cite Torture Fears in Algeria. The Bureau of Investigative Journalism: https://www.thebureauinvestigates.com/stories/2016-04-18/bid-to-deport-six-terror-suspects-blocked-after-uk-judges-cite-torture-fears-in-algeria

[4] O’Faolain, A. (2018, Aug 1). High Court quashes refusal by Minister of Justice to revoke deportation of Algerian. The Irish Times: https://www.irishtimes.com/news/crime-and-law/courts/high-court/high-court-quashes-refusal-by-minister-of-justice-to-revoke-deportation-of-algerian-1.3583222

Since you’re here…

… we have a small favour to ask. Here at ICLMG, we are working very hard to protect and promote human rights and civil liberties in the context of the so-called “war on terror” in Canada. We do not receive any financial support from any federal, provincial or municipal governments or political parties. You can become our patron on Patreon and get rewards in exchange for your support. You can give as little as $1/month (that’s only $12/year!) and you can unsubscribe at any time. Any donations will go a long way to support our work.panel-54141172-image-6fa93d06d6081076-320-320You can also make a one-time donation or donate monthly via Paypal by clicking on the button below. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!
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Charter Rights Under Threat if Senate Fails to Fix Foreign Interference Bill

Charter Rights Under Threat if Senate Fails to Fix Foreign Interference Bill
If they don’t act, we will, say civil society groups

JUNE 19 2024 — In its rush to do, and to be seen to do, something about the very real problem of foreign interference, the House of Commons hurried through — in hours — a well-intentioned but deeply flawed Bill C-70: Countering Foreign Interference Act. Under enormous pressure, it appears the Senate will do likewise today.

Because of poorly-worded, vague language, the Bill will likely have significant impacts — both directly and in the form of a chilling effect — on freedom of expression, freedom of association, freedom of assembly, and on privacy, and it could well be used to profile people on political, racial, religious, or nationality grounds. The law will allow the undermining of academic freedom, freedom of the press, the right to protest and engage in dissent, and efforts at international cooperation and solidarity.

This could mean shutting down legitimate protests perceived by law enforcement as being held to the benefit of a foreign state. It could also mean forcing universities to provide information to the Foreign Influence Registry if they are working on a research project in association with a foreign university that happens to be state-owned.

If the Senate fails in its responsibility to be the chamber of sober second thought by passing C-70 without ensuring the time for proper study and amendment, the Centre for Free Expression and the International Civil Liberties Monitoring Group plan to create a mechanism to monitor how the law is used.

This will be a web portal where individuals can report instances where they believe their rights to privacy and their internationally-protected and Charter rights to freedom of expression, freedom of assembly, or freedom of association have been violated under this new law.

The information shared will be kept confidential and will be used to monitor and report (without identifying affected individuals and ensuring anonymity where requested) on the impacts of the Countering Foreign Interference Act. While legal or other forms of support cannot be guaranteed, all reports will be reviewed and where appropriate there will be the possibility of follow-up with individuals about further action (sharing with the media, pursuing legal action, etc.).

The stated goal of Canada’s new foreign interference legislation is to protect democratic participation and processes in Canada. This cannot be achieved if, at the same time, the legislation allows those very rights to be undermined. This portal will help ensure Canadians’ rights can be protected.

Signatories:

Amnesty International Canadian Section (English speaking)
BC Civil Liberties Association
Canadian Association of University Teachers
Canadian Civil Liberties Association
Canadian Muslim Public Affairs Council
Centre for Free Expression
Independent Jewish Voices Canada
International Civil Liberties Monitoring Group
OpenMedia
Privacy & Access Council of Canada

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More information:

Tim McSorley
National Coordinator
International Civil Liberties Monitoring Group
613-241-5298
national.coordination@iclmg.ca

Jim Turk
Director
Centre for Free Expression
613-277-0488
jim@jameslturk.com

Since you’re here…

… we have a small favour to ask. Here at ICLMG, we are working very hard to protect and promote human rights and civil liberties in the context of the so-called “war on terror” in Canada. We do not receive any financial support from any federal, provincial or municipal governments or political parties. You can become our patron on Patreon and get rewards in exchange for your support. You can give as little as $1/month (that’s only $12/year!) and you can unsubscribe at any time. Any donations will go a long way to support our work.panel-54141172-image-6fa93d06d6081076-320-320You can also make a one-time donation or donate monthly via Paypal by clicking on the button below. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!
make-a-donation-button

ICLMG warns Senate committee of dangers of new foreign interference bill

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ICLMG’s National Coordinator, Tim McSorley, testified about our many concerns with Bill C-70, the Countering Foreign Interference Act, at the Standing Senate Committee on National Security (SECD) on Thursday, June 13th.

The bill, which contains provisions that will significantly impact the rights and liberties of people in Canada, is being rushed through Parliament, with the aim to pass it before the summer break. It was tabled a mere month ago, while the commission of inquiry on foreign interference is ongoing, faced only one week of study by the House public safety committee, and will also be studied for only one week by the Senate national security committee. This is unacceptable.

This rushed undemocratic process leaves no time for careful analysis, meaningful participation from many expert individuals and groups, and the addition of much needed amendments to protect our rights.

We shared with the committee our most pressing concerns within our allotted five minutes:

  • Providing CSIS with new forms of warrants, granting it extra-territorial reach for foreign intelligence activities, and allowing the service to disclose information to any person or entity would lead to increased surveillance, diminished privacy, and racial, religious and political profiling.
  • Possible life imprisonment for even minor offences committed in association with a foreign entity could infringe on freedom of expression and association, and raises concerns of proportionality in sentencing.
  • The bill would transform how federal courts handle sensitive information that can be withheld from appellants or those seeking judicial review, undermining due process in courts through the use of secret evidence.
  • Changes to sabotage laws, including amendments passed by the House of Commons, threaten the right to protest and will undermine the rights of Indigenous land defenders and their allies.

Watch our short intervention above or read the transcript below.

You can also read our Brief on Bill C-70: The Countering Foreign Interference Act submitted to the Senate.

TRANSCRIPT

Thank you for the invitation to appear here today on behalf of our coalition of 46 Canadian organizations. We recognize the importance of addressing the impacts of foreign interference, particularly where governments are threatening individuals or their close ones in order to repress their ability to exercise their fundamental rights or engage in democratic processes.

I’m also very cognizant of and grateful for the effort that has gone into this committee holding multiple, and even marathon meetings this week.

However, I must share that I, the coalition I represent, and my colleagues at other civil liberties and human rights organizations, are deeply troubled by the rushed process that this bill has taken.

A bill of such breadth requires in-depth study. Introduced barely a month ago, with the Foreign Interference Inquiry ongoing, it will have gone through committee study in both chambers of parliament in just two weeks. This is faster than even the 2001 study of the first Anti-terrorism Act, which was considered over a period of two months.

This expedited study means that experts and organizations with limited resources have had to rush their analysis of the bill, and has made submitting briefs and appropriate amendments nearly impossible.

Bill C-70 is a very consequential bill, that deals with crucial issues that are important to the protection and promotion of democracy and democratic rights in Canada. It has the potential to uphold those rights, but also contains very clear areas where those rights may or will be undermined. We fear those concerns will remain unaddressed until after C-70’s provisions are implemented, and their impacts felt by individuals and communities across Canada.

We therefore urge the committee to work with your fellow Senators to extend your study of Bill C-70  in order to hear more input and analysis and to provide the opportunity to develop, propose and debate amendments.

In what ways are the changes in Bill C-70 consequential?

It has been presented as legislation to address threats of foreign interference, but the changes proposed by this legislation go much further. If adopted, Bill C-70 will have wide-ranging impacts on Canada’s national security, intelligence and criminal justice systems. As such, it will also have significant impacts on the lives and fundamental rights of people in Canada.

This includes growing surveillance, diminished privacy, and increased racial, religious and political profiling. Other provisions contain undefined or overly broad wording that could infringe on freedom of expression and association, along with proposed punishments that raise significant questions of proportionality in sentencing. The way courts handle sensitive information will also change, undermining due process in the justice system through the use of secret evidence.

I’d like to share some of our specific areas of concern:

First, modifications to CSIS’ dataset regime are only tangentially related to foreign interference. Many of these changes arise from a scathing National Security and Intelligence Review Agency report that found CSIS has been breaking the law in its implementation of the dataset regime. Instead of ensuring adherence to the law, the law is being modified to legalize CSIS’ activities. The potential consequences of these changes remain unclear, and should have been addressed during a statutory review of 2019’s National Security Act. We would recommend removing these changes until such a review happens.

We are also concerned by changes to disclosure powers in s. 19 of the CSIS Act. While we understand the goal of ensuring appropriate information can be shared, serious questions have been raised over the past two decades about how CSIS has handled the disclosure of sensitive information. Subsections 34(2) and 34(3) of C-70 in particular require greater safeguards.

Bill C-70 also grants CSIS significant new production order and warrant powers. It comes after years of courts admonishing CSIS for misleading them in their warrant applications. Warrant requirements exist to protect our rights – they shouldn’t be lessened; and especially not while CSIS’ problem of breaches of duty of candor to the courts has not been resolved.

This bill also changes the Security of Information Act to create new rules that could see minor offenses, if committed in “association” with a foreign entity, be punishable by either life in prison, or consecutive sentences that could amount to life in prison, raising concerns of proportionality in sentencing as well as freedom of expression.

We also have concerns about the proposed foreign influence registry, and new sabotage offenses – including a very troubling amendment adopted in the other place this past Monday – but I’ll conclude by commenting on changes to the Canada Evidence Act. Our coalition is fundamentally opposed to expanding the use of secret evidence in Canada’s courts under the guise of protecting national security, national defense and international affairs. Introducing a standardized system for withholding information from those challenging government decisions will normalize this process and will facilitate the spread of the use of secret information further into our justice system.

Thank you and I look forward to your questions.

Since you’re here…

… we have a small favour to ask. Here at ICLMG, we are working very hard to protect and promote human rights and civil liberties in the context of the so-called “war on terror” in Canada. We do not receive any financial support from any federal, provincial or municipal governments or political parties. You can become our patron on Patreon and get rewards in exchange for your support. You can give as little as $1/month (that’s only $12/year!) and you can unsubscribe at any time. Any donations will go a long way to support our work.panel-54141172-image-6fa93d06d6081076-320-320You can also make a one-time donation or donate monthly via Paypal by clicking on the button below. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!
make-a-donation-button
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