News from ICLMG

Feds must immediately suspend CSIS threat reduction powers following latest watchdog report

The latest National Security and Intelligence Review Agency (NSIRA) report on the Canadian Security Intelligence Service’s threat reduction activities shows once again that the spy agency cannot be trusted to follow the law or the Charter of Rights and Freedoms when they are granted secret powers to disrupt the lives of Canadians.

“We have said from the beginning that we cannot trust a spy agency that operates in secret with tangible threat reduction measures, especially if they get to decide what amounts to needing a warrant or not, and with what we know of CSIS’ troubling internal culture around the warrant process. NSIRA’s report is proof that our concerns are valid,” said Tim McSorley, national coordinator with the International Civil Liberties Monitoring Group.

It is completely unacceptable that CSIS believes it can ask third parties, like private companies, to take action against individuals based on a secret risk assessment without taking responsibility for the possible impacts. It shows they cannot be trusted with these powers.

The fact that CSIS also disagrees with NSIRA’s recommendation that it take the actions of these third parties into account when deciding to seek out a warrant proves that the service continues to skirt the law and should no longer be trusted with these powers.

NSIRA’s findings were released publicly on February 16 in a redacted report entitled, “Review of CSIS threat reduction activities: A Focus on Information Disclosure to External Parties.”

“We’ve been told over and over that we should not be concerned with CSIS’ threat reduction powers, because they have not reached the point of being so invasive that they require a warrant. It is now clear that CSIS is farming out threat reduction measures to third parties, and using that as a reason to avoid considering whether they need a warrant in the first place,” said McSorley.

The NSIRA report’s findings demonstrate the significant dangers to the rights of people in Canada posed by granting spy agencies like CSIS real world, tangible threat reduction powers.

Given all this, it is imperative that the federal government intervene by suspending CSIS’ use of threat reduction measures and referring this issue to the Federal Court. ICLMG also reiterates its call that CSIS’ threat reduction powers should be abolished.

Other troubling revelations in NSIRA’s report include:

  • A lack of clarity and specificity in the information disclosed to third parties that CSIS was leveraging to take a threat disruption action
  • Concerns that CSIS is not appropriately taking into account the impact of threat disruption measures on the individuals targeted as well as their families
  • That NSIRA was unable to properly assess the outcome of threat reduction measures carried out by third parties, because CSIS’ “reporting system was inadequate or that these reports were improperly filed or non-existent”
  • That CSIS is employing threat reduction measures outside of Canada that may violate Charter Rights, but that this was beyond the scope of this NSIRA report
  • The government continues to censor the number of threat reduction measures requested by CSIS and those carried out. This information poses no threat to national security and should not be redacted from NSIRA reports (while this is not an NSIRA finding, the government censorship is revealed through what is redacted from the report).

The ICLMG has opposed CSIS, an intelligence agency, being granted threat reduction powers since they were first introduced in 2015. The reforms implemented by the federal government in 2019 did not solve the severe threat to fundamental rights that come about when an agency that operates in nearly complete secrecy can carry out real world, tangible actions against individuals. This was true when the McDonald Commission found in 1981 that there must be a division between intelligence services and law enforcement services, and it remains true today.

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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ICLMG testifies on extradition law reform at Justice Committee

ICLMG’s National Coordinator Tim McSorley presented at the Standing Committee on Justice and Human Rights on February 8, 2023 for their review of Canada’s unfair extradition system.

Watch the full panel with Hassan Diab’s lawyer, Don Bayne, and the question period here.

Watch all the interventions on extradition reform here. Witnesses include Rania Tfaily, Hassan Diab’s wife; Alex Neve, former Secretary General of Amnesty International Canada; Matthew Behrens, writer and social justice organizer; and Robert J. Currie, law professor and extradition law expert.

TRANSCRIPT

Thank you Mr. Chair, and thank you to the members of the committee for inviting me to speak with you today on behalf of the International Civil Liberties Monitoring Group regarding the urgent need to reform Canada’s extradition laws.

The ICLMG is a Canadian coalition of 45 national civil society organizations with a mandate to defend civil liberties from the impact of anti-terrorism laws and policies, both in Canada and internationally.

We have been deeply involved in the campaign for justice for Dr. Hassan Diab, whose devastating case you have heard about at length. This has led us to closely examine the need to reform Canada’s extradition laws in order to prevent abuses of civil liberties and human rights committed in the name of countering terrorism.

As you are aware, Dr. Diab was arrested by the RCMP in 2008 for extradition to France on accusations of carrying out a terrorist attack in Paris in 1980.

While Dr. Diab was accused of committing a crime 30 years earlier, his arrest, hearings and eventual extradition took place squarely in the political and social context of the so-called “War on Terror” that led to severe rights violations in Canada.

This same context applied to France. The same year as Dr. Diab’s arrest, Human Rights Watch issued a damning report that found that, “French counterterrorism laws and procedures undermine the right of those facing charges of terrorism to a fair trial.”

The report documented that it was common practice for those held on suspicion of terrorism to face psychological pressure during custody. This sadly reflects Dr. Diab’s experience of prolonged solitary confinement, the length of which amounted to torture, in violation of international human rights law.

The report also raised concerns that judges had allowed the introduction of unsourced intelligence without sufficiently probing the validity of the information. This includes judges allowing for the inclusion of testimony obtained under torture in foreign countries, in violation of the Convention Against Torture, to which France was and is a signatory. Once again, we saw the use of unsourced intelligence used in the case of Dr. Diab.

All of this was known before Dr. Diab’s extradition to France. Yet he was still extradited, and faced the consequences of France’s anti-terrorism regime.

An extradition process that appropriately considers human rights, civil liberties and the right to a fair trial would have taken all these elements into account. Instead, given France’s status as an ally and extradition partner, the detailed and serious problems of the country’s anti-terrorism system were not appropriately considered.

Others have spoken about extradition cases where human rights have been violated. You have also heard how Canada has an extradition agreement with India despite reports of torture and India not being a signatory to the Convention Against Torture. Importantly, India also justifies their grave human rights abuses as necessary in their self-defined “fight against terrorism.”

Our own research has found that at least 10 countries that Canada has extradition treaties with have been singled out in just the past three years by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism for introducing or adopting rights-violating anti-terrorism laws. This includes France.

Under Canada’s current extradition system, though, we continue to run the risk of extraditing individuals to face unjust, rights-violating legal systems under murky and politicized accusations of “terrorism.” Indeed, there is the real risk that France could seek a second extradition of Dr. Diab, and that our flawed system would grant it, despite all we now know and all that Dr. Diab has been through. I would also direct the committee to a 2021 letter signed by 110 Canadian jurists warning against any new extradition proceedings against Dr. Diab, based on flaws in Canada’s extradition process and the French judicial system.

Given all this, we join others in calling for reforms to Canada’s extradition laws. We have publicly endorsed the recommendations of the Halifax Colloquium, as shared with you earlier.

Given time restraints, I would highlight the following key areas of reforms:

  • First, the committal process must be modified to ensure it is not as heavily weighted in favor of the requesting state, including allowing the individual sought for extradition disclosure of relevant evidence and to be able to bring their own evidence.
  • Second, that Canada’s domestic and international human rights and civil liberties obligations be explicitly taken into account.
  • Third, that there be a re-balancing to increase the role for judges in weighing factors such as fairness, civil liberties and human rights, among others, in the final decision for extradition.
  • Fourth, that there must be increased transparency regarding extraditions in Canada.
  • Fifth, that Canada’s extradition arrangements with foreign countries should be reviewed on an ongoing basis. As a starting point, Canada should not have extradition treaties with countries that have records of human rights abuse or have failed to ratify human rights treaties.

Thank you for your time 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!
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ICLMG remembers Quebec city mosque victims and renews commitment to fight Islamophobia

Sunday, January 29, 2023 marks the sixth anniversary of the horrific attack on the Centre Culturel Islamique du Québec. We remember Ibrahima Barry, Mamadou Tanou Barry, Khaled Belkacemi, Aboubaker Thabti, Abdelkrim Hassane & Azzedine Soufiane, the nineteen wounded, their families and their community.

Jan. 29th is also the National Day of Remembrance and Action Against Islamophobia. We have seen important developments, including the long-awaited recent appointment of Amira Elghawaby as the federal Special representative on Islamophobia.

But January 29th is also a reminder that more needs to be done to fight violence and hate directed towards Muslims in Canada. For 21 years, we have seen how Canada’s anti-terrorism policies and support for the so-called “War on Terror” are both a cause and consequence of Islamophobia across Canada and around the world. This ranges from Muslim Canadians still being predominantly affected by unproven and discriminatory border policies like the No Fly List, to the ongoing detention of Muslim Canadians in northeast Syria, to Muslim-led charities being disproportionately singled out for surveillance, audits, and punishment.

We join with others in calling for the Canadian government to take further, concrete action by ending the systemic Islamophobia that continues to cause so much harm, and that helps to reinforce and justify individuals in their own hateful acts.

We encourage everyone to join local and virtual vigils on Sunday, Jan. 29th, and to take action:

Thank you.

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