News from ICLMG

Twenty Years of Fighting for Rights in the War on Terror

***This online event was hosted on unceded Algonquin territory. This land must be returned to the care of the Algonquin People.

The ICLMG is celebrating its 20th anniversary this year. To highlight two decades of advocacy to protect and promote human rights and civil liberties in the context of the “War on Terror,” we have organized an online panel with many of our amazing past and present colleagues and partners.

Watch the video above for a wide-ranging discussion and Q&A on the impacts of Canada’s anti-terror actions and the ongoing efforts to protect fundamental rights and freedoms.

The panelists have covered issues they have worked on with the ICLMG over the years, including:

  • The creation of ICLMG in the wake of the Anti-terrorism Act and the War on Terror
  • Inquiries into the extraordinary rendition of Maher Arar, Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin, and their fight for redress
  • The fight against ever-expanding state surveillance, including the International Campaign against Mass Surveillance and campaigns against dangerous surveillance tools like facial recognition technology
  • Campaigns against rights-violating legislation that expand the security state, including the Anti-Terrorism Act of 2001, the infamous Bill C-51 (2015) and the more recent National Security Act (2017)
  • How anti-terrorism tools like the terrorist entities list, the No Fly List, and the targeting of Muslim charities undermine humanitarian aid, justice and civil liberties
  • Islamophobia’s role in the War on Terror, including campaigns against the illegal detention of Khaled Al Qazzaz, Yasser Albaz, Benamar Benatta, and Abousfian Abdelrazik 
  • Draconian border security measures, including the North American Security Perimeter, and the campaign for accountability for the Canada Border Security Agency
  • And much more!

PANELISTS

Roch Tassé

Roch Tassé was the National Coordinator of the International Civil Liberties Monitoring Group from its inception in 2002 until 2015. Following his studies in political science at the University of Ottawa, he worked as a community organizer and journalist before joining the Ottawa-based NGO Inter Pares in 1985. For over 15 years, he was responsible for the organization’s programs in Central America and Mexico, with a special focus on peace-building, refugee and human rights protection, and democratic development.

Maureen Webb

Maureen Webb was co-Chair of the ICLMG from 2005-2010. She is an activist, human rights and constitutional lawyer, and the author of two books on technology and society: Illusions of Security: Global Surveillance and Democracy in the Post 9-11 World, published in 2007, and Coding Democracy: How Hackers Are Disrupting Power, Surveillance and Authoritarianism, published in 2020. Maureen been invited to speak in many venues, has testified before Commons and Senate committees on national security issues, taught comparative national security law at UBC Law School, and written numerous articles for peer-reviewed legal journals, including one on the extraterritorial application of the Charter, which has been cited internationally, and another on the review of the Canadian Anti-terrorism Act, which was cited extensively in the trial judgment in R. v. Khawaja striking down parts of the Act. Her law firm, Sasamat Law, specializes in constitutional litigation and research.

Dominique Peschard

Dominique Peschard has been one of the co-chairs of the ICLMG since 2012. He was also president of La Ligue des droits et libertés from 2007 to 2015, and he is currently a member of the committee “Population surveillance, artificial intelligence and human rights” of la Ligue des droits et libertés. Following the 9/11 attacks, Dominique was actively involved in the fight against anti-terrorist measures. He has represented la Ligue at parliamentary committee hearings on national security and surveillance bills. He has appeared regularly in the media and has also given numerous conferences in Quebec on issues related to the proliferation of draconian rights-violating governmental measures.

Yavar Hameed

Yavar Hameed is a human rights lawyer at Hameed Law in Ottawa. Yavar worked for three years at a labour law firm focusing on trade union law, employment law and human rights. For the past twelve years, he has worked on important cases to help individuals and communities to resist injustice such as discrimination on the basis of poverty, police brutality, persecution of people on the basis of dissident political views, whistle blowing, racial profiling, deportation of migrants, Islamophobia, homophobia and abuse of prisoner rights. Since 2009, he has also taught a seminar course at Carleton University’s Department of Law and Legal Studies entitled, State, Security and Dissent, in which he continues to explore contemporary and historical human rights problems in Canada with a focus upon the importance of material and ideological persecution of dissent by the state.

Monia Mazigh

Monia Mazigh is an academic, award-winning author and human rights activist. Her latest novel, Farida won the Ottawa Book Award for French fiction. Monia is an Adjunct and research Professor at Carleton University in the Department of English and Literature. Her new memoir, “My personal journey with a “Scar… f”, an essay/memoir about gendered islamophobia, will be published in 2023. Monia is a columnist with rabble.ca, ONFr+, Islamic Horizons and has published several articles with the Ottawa Citizen, the Globe and Mail and the Toronto Star, among other newspapers. Monia currently sits on the boards of several organizations, including the Rideau Institute, the Ottawa Muslim Women’s Organization, the Canadian Centre for Policy Alternatives and the Association des Auteures et Auteurs de l’Ontario français. She is also a member of the International Advisory Council for the Institute for Canadian citizenship and sits on the advisory board of Justice for All.

Matthew Behrens

Matthew Behrens is a freelance writer and social justice advocate who coordinates the Homes not Bombs non-violent direct action network, the Stop Canadian Involvement in Torture campaign and the Campaign to Stop Secret Trials in Canada – among many many other projects. He has written extensively for Toronto‘s NOW Magazine and Rabble, examining the connections between national security and civil liberties. He has worked closely with victims of the Canadian and U.S. “national security” apparatus for many years including Abdullah Almalki, Ahmad Elmaati and Muayyed Nureddin, who were rendered to torture, and Mohamed Harkat, who is still the victim of a security certificate and secret trials. He is also currently campaigning for the return of Canadians detained in Canada’s Guantanamo in Northeast Syria, and helping many refugees navigate Canada’s kafkaesque immigration system.

Roger Clark

Clark served as Secretary General of Amnesty International (Canada) from 1988 to 1999. He led many human rights research missions to such countries as Cambodia, Rwanda, Ethiopia, Liberia, Guatemala, Nepal, and Algeria and has served on a number of international committees and boards. Before joining the staff of Amnesty International, Clark taught French language and literature at McMaster University, the University of Saskatchewan, and Memorial University of Newfoundland. He published scholarly articles on utopian thought in French 18th-century literature. In May, 2001, Roger Clark was named as a Member of the Order of Canada. The citation at the time of his award read: “As a volunteer and later as Secretary General of the Canadian Section of Amnesty International, he devoted himself to protecting and furthering the full range of fundamental rights and freedoms of people throughout the world. In May 2002, he was awarded an honorary Doctorate of Letters at St. Thomas University “for his dedication, commitment and long-standing service with Amnesty International”.

Patricia Poirier

Patricia Poirier (she/her) is a former journalist (la Presse Canadienne, Le Devoir, the Globe and Mail), has been involved with human rights, justice and privacy issues as a researcher and communications consultant/employee for a number of organizations, including the ICLMG, the International Federation of Red Cross and Red Crescent Societies (Moscow), Rights & Democracy and the Québec Human Rights Commission. She presently volunteers with a Montreal food security and community care group.

Khalid Elgazzar

Khalid Elgazzar has been practicing law in Ottawa for over a decade. He is recognized as a staunch advocate for the human rights of peoples affected by the national security apparatus, including rendition and torture survivor Abousfian Abdelrazik as well as adults and children put on the No Fly List. Khalid worked with one of Ottawa’s preeminent local law firms before eventually beginning his own practice. In conjunction with his work as a lawyer, Khalid remains active in the volunteer community at both the local and national levels. He currently sits on the Board of Directors of the National Council of Canadian Muslims, a national not-for-profit organization that advocates for the promotion and protection of human rights, and a member of the ICLMG.

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As much as we’d prefer to be out of business by now, states have shown incredible zeal and creativity in using and extending counter-terrorism and national security legislation and powers to wider and wider segments of society, so we will keep up the fight!

If you can, please consider supporting our work going forward at iclmg.ca/donate or patreon.com/iclmg and get rewards. Thank you!

New parliamentary report demonstrates urgent need to rein in facial recognition, artificial intelligence to protect rights of people in Canada

For immediate release

New parliamentary report demonstrates urgent need to rein in facial recognition, artificial intelligence in order to protect the rights of people in Canada, says civil liberties coalition

Oct. 5, 2022 – A new parliamentary report on facial recognition technology (FRT) and artificial intelligence (AI) released today demonstrates the urgent need for the federal government to regulate the use of facial recognition technology in Canada, says the International Civil Liberties Monitoring Group (ICLMG), a coalition of 45 Canadian organizations.

“The unregulated use of facial recognition technology, especially by law enforcement, presents an immediate and severe threat to the rights of people in Canada, and particularly to racialized, Indigenous and other over-policed communities,” said Tim McSorley, ICLMG national coordinator. “We fully support the committee’s recommendation of a moratorium on the use of this technology by law enforcement, which must also include intelligence and border service agencies, until appropriate restrictions and rules are put in place.”

The coalition also agrees with the committee that the government must establish no-go zones, particularly for the use of facial recognition for mass surveillance purposes. In 2020, the ICLMG was joined by dozens of Canadian and international organizations and experts in calling for a ban on facial recognition surveillance by law enforcement and intelligence agencies in Canada.

The new report, Facial Recognition Technology and the Growing Power of Artificial Intelligence, was issued by the House of Commons Standing Committee on Access to Information, Privacy and Ethics following its months-long study of the issue. The ICLMG testified before the committee and submitted a written brief. Several of the ICLMG’s recommendations were reflected in the committee’s report, including:

  • support for the establishment of “no-go zones” where facial recognition is prohibited;
  • a moratorium on the use of FRT by federal law enforcement until new legislation to regulate police use of FRT is put in place;
  • the need for public consultation in the creation of legislation to govern the use of FRT in Canada overall;
  • the need to grant the Office of the Privacy Commissioner of Canada greater enforcement powers for both public and private sector violations of privacy laws;
  • and the need to create stronger transparency requirements regarding the acquisition, use and impact of FRT in Canada.

The ICLMG hoped the committee would go further in certain areas, and remains concerned that border services and intelligence agencies were not explicitly included in the recommendation for a moratorium on the use of FRT by law enforcement. However, these recommendations will still have a significant impact on addressing the threats posed by FRT and AI overall.

For more than two years, government regulators, civil society groups and leading experts in human rights and technology have been calling for decisive, concrete and transparent action on facial recognition technology by the federal government, but it has largely failed to act. This latest report must lead to the legal reforms that are necessary to rein in facial recognition, and artificial intelligence technology more broadly. The ICLMG also remains open and available to participate in consultations on what these reforms should look like.

“We’d like to thank the committee for their rigorous work in studying facial recognition technology and in drafting their final report,” said McSorley. “The multipartican support for the recommendations makes it clear that urgent action is needed, and that these reforms would receive broad support if introduced in parliament.”

For more information, please contact:
Tim McSorley
National Coordinator, ICLMG
613-241-5298

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Civil Society groups highlight concerns with ‘deeply problematic’ Cybersecurity Bill C-26 ahead of Commons debate

Serious concerns around privacy, accountability, judicial due process, and digital rights set out in open letter to Public Safety Minister Marco Mendicino.

28 September, 2022: The federal government’s cybersecurity legislation, Bill C-26, is deeply problematic and must be fixed. That’s the verdict of Canadian civil society organizations and experts who set out a series of detailed concerns in an open letter to Public Safety Minister Marco Mendicino ahead of a House of Commons debate on the legislation expected soon.

Noting that “All residents of Canada can agree on the need for cybersecurity,” the group warns that Bill C-26 in its current form “risks undermining our privacy rights, and the principles of accountable governance and judicial due process which are the fabric of Canadian democracy.”

Bill C-26 grants the government sweeping new powers not only over vast swathes of the Canadian economy, but also to intrude on the private lives of Canadians. The letter calls on Parliament to amend the legislation to ensure these powers are strictly delimited and accompanied by meaningful safeguards and reporting requirements to protect privacy, accountability, judicial transparency, and digital rights.

Concerns about the bill include:

  • Opens the door to new surveillance obligations: Bill C-26 empowers the government to secretly order telecom providers “to do anything or refrain from doing anything.” This opens the door to imposing surveillance obligations on private companies, and to other risks such as weakened encryption standards — something the public has long rejected as inconsistent with our privacy rights.
  • Allows termination of essential services: Under Bill C-26, Canadian companies or individuals risk being cut off from essential services by secret government order, without explanation. Bill C-26 fails to set out any explicit regime, such as an independent regulator for dealing with the collateral impacts of these orders.
  • Undermines privacy: Bill C-26 empowers the government to collect broad categories of information from designated operators, which may enable it to obtain identifiable personal information and subsequently distribute it to domestic, and perhaps foreign, organizations.
  • Lacks guardrails to constrain abuse: Bill C-26 lacks mandatory proportionality, privacy, or equity assessments, or other guardrails, to constrain abuse of the new powers it grants the government — powers accompanied by steep fines or even imprisonment for non-compliance.
  • Secrecy undermines accountability and due process: Bill C-26 enables the government to shroud its orders in secrecy, with no mandatory public reporting requirements. While there is a need for some degree of confidentiality in this sphere, the public must have a sense of how these powers are being exercised, how often, and to what effect, if decision-makers are to be held to account.
  • Permits unknowable orders to trump public regulation: Bill C-26 tilts the balance so far toward secrecy, its orders and regulations may take precedence over decisions previously issued by regulatory agencies — rendering the security-related rules currently in effect unknowable for members of the public.
  • Authorizes the use of secret evidence in Court: Even if Security Orders are subjected to judicial review, Bill C-26 could restrict applicants’ access to evidence. Bill C-26 also does not include any consideration of security-cleared advocates to be appointed on applicants’ behalf. While such provisions are an imperfect solution for due process, they do provide at least a minimal level of protection for applicants’ rights.
  • Grants power without accountability for the CSE: Bill C-26 would let the CSE — Canada’s signal intelligence and cybersecurity agency — obtain and analyze security-related data from federally-regulated companies that Canadians entrust with their most sensitive personal information. The CSE’s use of this information is not constrained to the cybersecurity aspect of its mandate, and any uses would be largely subject to after-the-fact review rather than real-time oversight, resulting in a significant deficit in democratic accountability.
  • Lacks Justification: Although the government claims that such sweeping and secretive new powers are required it has not published any sufficiently comprehensive data establishing the necessity and proportionality of the proposed powers.

Bill C-26 was first published in June, and is expected to be debated by the House of Commons in the coming weeks, before moving to the Standing Committee on Public Safety and National Security for more detailed study.

QUOTES 

Dr. Brenda McPhail, Director of the Privacy, Technology & Surveillance Program at the Canadian Civil Liberties Association: “Privacy protections for people across Canada must be a core component of legislation seeking to enhance our security if it is to be fit for purpose. Bill C-26 must be amended to ensure that new surveillance obligations and expanded information sharing powers are appropriately constrained, subject to effective oversight, and respect privacy rights.” 

Dr. Christopher ParsonsSenior Research Associate at the Citizen Lab, Munk School of Global Affairs & Public Policy, University of Toronto: “The Government of Canada has rightly recognised that it is imperative to secure federally regulated critical infrastructure. Legislation that fulfils this objective, however, must have the principles of proportionality, accountability, and due process embedded in its DNA. Bill C-26 does not contain these principles and, consequently, the legislation absolutely must be amended prior to its passage.” 

Tim McSorley, National Coordinator, International Civil Liberties Monitoring Group: “Time and again, we’ve seen federal governments try to grant themselves the power to intrude on our private lives in the name of ‘security’ — and time and again, people in Canada have come together to push back. Let’s fix Bill C-26 so that it delivers strong cybersecurity, while ensuring accountability and upholding our basic rights.” 

Matthew Hatfield, Campaigns Director at OpenMedia: “Canadians deserve to have their cybersecurity defended by our government, but also from our government. A full set of checks and balances must be introduced in Bill C-26 before it is passed to keep it from handing a blank cheque to government spy agencies that could justify considerable abuse of our rights and privacy.” 

ENDORSEMENTS 

The open letter to Minister Mendicino is endorsed by:

Canadian Civil Liberties Association
Canadian Constitution Foundation
International Civil Liberties Monitoring Group
Leadnow
Ligue des droits et libertés
OpenMedia
Privacy & Access Council of Canada

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Dr. Christopher Parsons, Senior Research Associate at the Citizen Lab, Munk School of Global Affairs & Public Policy, University of Toronto

Tamir Israel, Digital Rights Lawyer

Andrew Clement, Professor Emeritus, Faculty of Information, University of Toronto

CONTACT: 

Bryan Short,
Digital Rights Campaigner,
OpenMedia
press@openmedia.org
1 (888) 441-2640 ext. 705

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