News from ICLMG

Civil liberties are under attack: please support our work for Giving Tuesday!

As you have no doubt noticed, civil liberties have increasingly been under attack this past year, and all signs point to the situation worsening in the near future. Since our creation in 2002, we have been defending civil liberties from the negative impact of counter-terrorism and national security measures, but it has been some time since we have been this concerned.

From national security agencies’ relentless efforts to obtain more powers, to politicians looking for a diversion from the terrible outcomes of neoliberal policies and capitalist greed, many are fear-mongering around “foreign interference,” scapegoating migrants and refugees, and equating expression of support for Palestinians lives and rights with support for terrorism, all to justify more restrictions on rights and freedoms.

This upcoming Giving Tuesday, we need your help to protect our civil liberties!

I support ICLMG

Your support will allow the ICLMG to continue our work on the following issues:

Defending advocacy for Palestinian rights and lives

We will continue to defend freedom of expression, association and assembly and denounce the equation of support for Palestinian rights with terrorism, the violent dismantling of encampments, the targeting of activists for arrests, and the charges and rights-violating release conditions they face simply for defending Palestinian rights and lives.

Abolishing the terror entities list

As we have done for the past two decades, we will continue work towards the abolition of the terrorist entities list, as it is an arbitrary political tool that undermines freedom of association, freedom of expression and due process in the courts. 

Justice for Mohamed Harkat and abolishing security certificate

Speaking of administrative tools, the security certificate regime circumvents the need for the state, in a criminal trial, to present solid evidence of culpability. We will continue to advocate for the abolition of this regime as it violates due process and the presumption of innocence, and for Mohamed Harkat, who has lived under a draconian security certificate for more than 20 years, to not be deported to likely arbitrary detention, disappearance, torture and death in Algeria.

Foreign interference

Bill C-70, which was adopted in record speed without any amendment, will have significant impacts – both directly and in the form of a chilling effect – on privacy, academic and press freedoms, the right to protest and engage in dissent, efforts at international cooperation and solidarity, and it could well be used to profile people on political, racial, religious, or nationality grounds. The recent Mandate Letter of the National Security and Intelligence Advisor ordering her to systematize the flow of intelligence across government is worrisome. We continue to give our recommendations in defense of civil liberties to the Foreign Interference Inquiry, and plan to create a mechanism to monitor how the law is used, as well as continue pushing back against xenophobic fear-mongering.

Rights at the border

We have seen a resurgence, even in the past few days, of fear-mongering from politicians around migrants and refugees, with calls to bolster the powers of border security agencies as well as restricting the number of people we welcome to Canada. It’s not new but has been getting worse recently. We will continue pushing back on the false narrative depicting migrants and refugees as security risks and advocating for rights protection and accountability for border agencies, including by monitoring the creation of a new CBSA and RCMP watchdog and complaint body.

Extradition reform & protecting Hassan Diab

As you may have seen in our last News Digest, Canadian professor Dr. Hassan Diab is currently the target of an organized smear campaign and death threats, and renewed calls for the government to extradite him to France. We will continue pushing for Canada to protect Dr. Diab – as well as for the reform of Canada’s extradition law.

International development assistance

We continue to monitor and critique the implementation of the authorization regime for organizations that provide international assistance to vulnerable populations in areas controlled by groups considered terrorist by the Canadian government. The unclear, invasive and burdensome regime – launched in April 2024 – has failed to even process, let alone approve, a single application so far. We will continue to work with partners to advocate for improvements on this issue.

Repatriate Canadians arbitrarily detained in North East Syria

We will continue advocating for the return of the rest of the Canadian citizens and the non-Canadian mothers of Canadian children indefinitely detained in Syrian camps under conditions akin to torture; as is Canada’s responsibility under domestic and international law. We will also continue to push for an independent investigation into the recent death of FJ, a Quebec mother who Canada separated from her children.

Online harms

We will continue our work to ensure that the Canadian government’s proposals on “online harms” do not violate fundamental freedoms, or exacerbate the silencing of racialized and marginalized voices.

Systemic Islamophobia and countering terrorist financing

Building on our groundbreaking 2021 report on the prejudiced targeting of Muslim-led charities by the Canada Revenue Agency, we will continue advocating in Canada and internationally for changes to counter terror financing laws that undermine civil society and civic space. 

And so. much. more!

Please support our work of protecting civil liberties in a time of increased attacks.

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Thank you!

Xan & Tim

Canada Must Protect Hassan Diab

CBC Power & Politics 21/11/2024 – Hassan Diab’s lawyer, Don Bayne, and member of his support committee, Roger Clark, urge the Canadian government to protect Hassan Diab from death threats and a renewed organized smear campaign that misunderstands or misrepresents his case.

The French court – desperate to pin the 1980 attack on someone – wrongly convicted Hassan Diab in April 2023, following a very short and unfair “trial.” It relied on disproven and debunked “evidence” and ignored all exculpatory evidence – including proof he was in Lebanon at the moment the crime he was convicted of was happening in Paris. That alibi had led French investigative judges to order Hassan Diab’s release and return to Canada in 2018. The same judges testified in April 2023 in support of Hassan Diab and urged the court not to convict an innocent man – alas, in vain.

Please watch the interview for more details, take action below and share widely!

TAKE ACTION

The interview is part of a longer news segment. Find it at 1:08:13 here.

Advocates welcome long overdue review body for CBSA and RCMP, but warn gaps will undermine accountability

Long overdue review and complaints body for Canadian Border Services and Mounties welcomed by rights advocates, but warn that gaps in legislation will undermine accountability

Nov. 12, 2024, OTTAWA – Civil society groups are welcoming the adoption of Bill C-20 and the long-overdue establishment of an independent review body for the Canada Border Services Agency (CBSA).

“For more than two decades, the CBSA has evaded independent review and been allowed to self-police all complaints. The new Public Complaints and Review Commission created by Bill C-20 is an important step toward greater transparency and accountability at one of Canada’s largest law enforcement agencies,” said Tim McSorley, National Coordinator of the International Civil Liberties Monitoring Group, one of nine organizations that have worked collectively to bring improvements to the bill during its progress through parliament.

The newly created PCRC will investigate complaints and carry out reviews regarding both the RCMP and the CBSA, and will bring some long-needed changes to how complaints regarding the RCMP are handled as well. This includes allowing for third-party complaints, the explicit ability for the Commission to carry out specified activity reviews, and ensuring the Commission reflects the diversity of Canadian society.

However, significant outstanding problems with the legislation that the government failed to rectify during the Parliamentary study of the bill will need to be addressed as the new Commission is put in place. This includes ensuring that much-needed third-party complaints are not excluded on baseless grounds, that complaints regarding patterns of abuse are investigated, and that, as much as possible, the Commission itself investigates complaints, rather than the RCMP or CBSA themselves.

The new law unfortunately also leaves significant gaps in the complaint and review process. In particular, it fails to provide for the possibility for a stay of removal or other redress in the course of or following a complaint, and it denies the ability for a party to seek judicial review of the Commission’s decisions.

“While it is positive to finally see legislation in place, it is unfortunate that, after years of advocacy, the government failed to include key elements to ensure that when RCMP or CBSA officers violate the rights of people in Canada, they have clear and strong avenues to seek recourse,” said Pantea Jafari, of the Canadian Immigration Lawyers’ Association.

“Although we are relieved that the CBSA will finally have an independent civilian body to review its handling of complaints, we know from our work in police accountability that a stronger model than that provided by Bill C-20 is needed; we are disappointed that Parliament did not seize the opportunity to bring these powerful federal law enforcement agencies – the CBSA and the RCMP – under robust and effective oversight systems,” said Meghan McDermott of the BC Civil Liberties Association.

Since the tabling of Bill C-20, a network of nine civil society organizations has worked to raise concerns with the government, MPs and Senators. Most recently, they presented a series of joint recommendations to the Senate committee studying the bill.

The groups include:

  • Amnesty International Canada (English Section)
  • BC Civil Liberties Association
  • Canadian Association of Refugee Lawyers
  • Canadian Civil Liberties Association
  • Canadian Council for Refugees
  • Canadian Immigration Lawyers Association
  • Canadian Muslim Lawyers Association
  • Canadian Muslim Public Affairs Council
  • International Civil Liberties Monitoring Group

These advocacy efforts resulted in significant improvements to the legislation, including allowing third parties, including civil liberty, human rights, refugee and migrant rights, and other civil society organizations, to both file complaints with the new Commission and request that the Commission undertake reviews; extending the deadline for submitting complaints to two years; and removing unnecessary barriers around which complaints the Commission may pursue. This advocacy also helped inspire important observations included by the Standing Senate Committee on National Security, Defence and Veterans Affairs in their report on the bill, underscoring the importance of a non-restrictive approach to third party complaints and of ensuring diversity in the make-up of the PCRC staffing.

As the government moves to establish the PCRC and set out regulations for how it will operate, civil society groups plan to continue to advocate for ways to strengthen the review process.

“Passing this legislation is a welcome and critical first step. We plan to remain vigilant on the development of regulations, and how the Commission will operate, to ensure the review and complaints processes are effective channels and taken seriously by the CBSA and RCMP,” said Gauri Sreenivasan, Co-Executive Director of the Canadian Council for Refugees.

– 30 –

This release is jointly issued by: Amnesty International Canada (English Section), BC Civil Liberties Association, Canadian Association of Refugee Lawyers, Canadian Civil Liberties Association, Canadian Council for Refugees, Canadian Immigration Lawyers Association, Canadian Muslim Lawyers Association, Canadian Muslim Public Affairs Council, and International Civil Liberties Monitoring Group

For more information:

Tim McSorley, ICLMG
613-241-5298
national.coordination@iclmg.ca

Pantea Jafari, CILA & CMLA
416-825-0650
jafari@jafarilaw.ca

PDF of the press release

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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