News from ICLMG

Letter to Prime Minister Trudeau: Questions and Concerns about new Minister of Border Security and Organized Crime Reduction

9 August 2018 — In a letter to Prime Minister Trudeau, organizations from across Canada have laid out concerns and questions regarding the appointment of a new and unprecedented Minister of Border Security and Organized Crime Reduction.

The key concerns outlined in the letter include:

  • Creating a Minister of Border Security fuels an unfounded sense of crisis, going against the government’s stated position that Canada faces challenges, but not a crisis, with increased numbers of refugee claimants.
  • Conflating border security and organized crime is a toxic combination, with the potential to deepen public fears and misunderstandings of irregular migration and border security. In diffusing public concerns, the government should clarify the fact that refugees are often forced to cross borders using irregular channels, a fact recognized in international and in Canadian law.
  • A third Ministry adds further confusion regarding roles and responsibilities, particularly when aligned with the roles and responsibilities of the Ministry of Public Safety (especially the Canada Border Services Agency) and the Ministry of Immigrant, Refugees and Citizenship.

The organizations urge the Prime Minister to provide greater clarity and rationale on the need and role of the Minister of Border Security and Organized Crime Reduction without delay.

The full letter is below, or click here for the PDF.


The Right Honourable Justin Trudeau
Prime Minister of Canada
80 Wellington Street
Ottawa, Ontario K1A 0A2
August 8, 2018

Dear Prime Minister,

We are writing to you, as organizations with demonstrated experience and expertise with respect to law, policy and practice regarding refugee protection in Canada, extending back several decades, to share our concerns and pose a number of questions regarding your decision last month to establish a new and unprecedented Minister of Border Security and Organized Crime Reduction.

We have preoccupations about this unanticipated development for a number of reasons, including the risk that it fuels unfounded alarm among Canadians of there being a crisis related to refugee claimants crossing the US/Canada border; the negative impact of conflating migration and crime in the name of the new Ministry; and the uncertainty about the new Minister’s powers and the associated risk that there will be inevitable confusion in the division of responsibilities with two existing Ministries, namely the Minister of Public Safety and the Minister of Immigration, Refugees and Citizenship.

We consider these to be urgent concerns currently, given the heightened politicization and misconceptions in the country with respect to the numbers and circumstances of refugee claimants crossing into Canada from the United States. We therefore urge you to move quickly to provide much greater clarity and rationale as to the need for and role of the Minister of Border Security and Organized Crime Reduction. We would welcome an opportunity to meet with you or your officials to discuss this further. We are making a request to meet with Minister Blair for that same reason.

Allow us to expand briefly on our concerns.

  • Creating a Minister of Border Security fuels an unfounded sense of crisis

You are of course aware that there has been considerable debate about the increased numbers of refugee claimants who have crossed irregularly into Canada since Donald Trump assumed the presidency in the United States. The increase in fact predates the election of President Trump, and in part reflects a return to numbers more usual for Canada, after particularly low refugee claimant numbers from 2013 to 2015. However, the increase also reflects understandable fear that with a rapid deterioration in respect for the rights of refugees and migrants in the country, the United States is not a safe country in which to seek refugee protection. Because of the Safe Third Country Agreement between our countries, outside of a limited number of exceptions, the only way for individuals to be able to access refugee determination in Canada is to cross irregularly, instead of at an official border post.

This context has provoked media coverage and political debate focusing on “illegal” border crossers, “illegal migrants”, queue jumpers, “security threats” and other pejorative, inflammatory and inaccurate terms. There have also been exaggerated suggestions that the numbers of refugee claimants crossing the border have reached crisis proportions.

Our organizations have sought to diminish the hysteria, bigotry and errors at the heart of much of this discourse. One concrete means of doing so has been our call that Canada suspend the STCA at this time, so that refugee claimants will be able to make their claims in a safe, orderly and regular fashion at border posts. Regrettably, your government has refused to take that step, and that matter is now instead the subject of a Federal Court challenge. At the same time, we have appreciated the many ways that you and other members of your government have sought to diffuse the “crisis” language. Some of us heard Ministers Goodale and Hussen repeatedly reject the assertion that this is a crisis in their appearances before the House of Commons Standing Committee on Citizenship and Immigration on July 24th. In fact Minister Blair, also appearing before the Committee, similarly discouraged the view that this is a crisis.

Prime Minister, if the government’s position is that there is no crisis but rather challenges which the Ministries and agencies in place are seized with responding to, you can surely appreciate why this decision to suddenly appoint a new Minister of Border Security, and the specific indication that he “will be the minister responsible for irregular migration” sends a completely contrary signal. We seek clarification as to the government’s intentions and look to you to provide greater public assurance on an ongoing basis that this development does not in any way mean that Canada faces a border crisis.

  • Conflating border security and organized crime is a toxic combination

Our concern that this development stands to deepen public fears, misunderstandings and stereotypes about irregular migration and border security are all the greater given the nature of the responsibilities that have been entrusted to Minister Blair: border security, reducing gun violence, tackling organized crime, legalization and strict regulation of cannabis and irregular migration. In Canada and around the world refugee claimants, refugees and migrants are consistently tarred with bigoted and hateful slurs associating them with criminality and security threats. It erodes support for refugee protection and puts refugee claimants, refugees and migrants at risk of racist attacks. The resulting xenophobia goes so far as to frequently present seeking refuge and crossing borders as criminal acts (reflected in the recent assertions of many politicians, journalists and public figures in Canada that it is illegal to cross the border from the US in order to seek refugee status).

As you are well aware, refugees frequently are forced to cross borders using irregular channels in their search for safety. This fact is reflected in the Refugee Convention and in Canada’s Immigration and Refugee Protection Act, which both exempt refugees from penalties for irregular entry.

Prime Minister, to have created a new Ministry that combines border security/irregular migration responsibilities with a range of other responsibilities related to crime reduction and criminal law enforcement, inescapably risks feeding the very dangerous narrative that people who are fleeing for their lives are breaking the law and even threatening our security.

The move undermines the positive message you sent by including “refugees” in the name of the Immigration Minister’s portfolio and the name of the department — now Immigration, Refugees and Citizenship Canada — a move that we warmly welcomed. We urge you to clarify the reasons for combining these disparate mandates and to endeavour to assure the public that the government does not in any way consider irregular migration in and of itself to be a criminal matter or a security threat.

  • A third Ministry adds further confusion regarding roles and responsibilities

From our experience we can assure you, Prime Minister, that there is already ample uncertainty and overlap with respect to the roles and responsibilities of the Ministry of Public Safety (especially the Canada Border Services Agency) and the Ministry of Immigration, Refugees and Citizenship, particularly when it comes to questions related to enforcement of the Immigration and Refugee Protection Act. Adding a third Ministry into that mix with an unspecified “border security” mandate will almost certainly add to the confusion.

This was apparent when Minister Blair appeared before the Committee on July 24th and was asked about his powers and responsibilities, including to what extent key agencies such as the CBSA and RCMP would report to him. His answer was that they would not. However he was not able to provide any illumination as to his powers and what his particular relationship would be with the other relevant Ministries and agencies.

Prime Minister, this is not just a matter of mere policy interest from a public administration perspective. Important human rights obligations, protected under both international law and the Charter of Rights, are at stake when questions around irregular migration and border security arise. There is a need for precision with respect to powers and accountability. We urge you to move rapidly to provide that precision.

We are, as noted, urgently concerned about the potential for this development, with a lack of rationale and uncertainty as to responsibilities and powers, to have a detrimental impact on refugee protection in Canada, including public attitudes about refugees. It also has a detrimental impact on refugees already in Canada, many of whom are feeling shaken and retraumatized by messaging suggesting that they are not welcome here. We call on you to provide specificity and offer assurances without delay.

We would welcome a meeting with you, Minister Blair and officials as early as possible to discuss this further.


Alex Neve, Secretary General
Amnesty International Canada (English branch)

Geneviève Paul, Directrice Générale
Amnistie internationale Canada francophone

Claire Roque, President
Canadian Council for Refugees

Peter Noteboom, General Secretary
Canadian Council of Churches

Guillaume Cliche-Rivard, président
Association québécoise des avocats et avocates en droit de l’immigration (AQAADI)

Tim McSorley
National Coordinator, International Civil Liberties Monitoring Group

Debbie Douglas, Executive Director
Ontario Council of Agencies Serving Immigrants (OCASI)

Refugee Lawyers Association of Ontario (RLA)

Lida Aghasi, Coprésidente
Table de concertation des organismes au service des personnes réfugiées et immigrantes (TCRI)

External Review Into Case of Hassan Diab Falls Far Short

The International Civil Liberties Monitoring Group has sent an open letter to Prime Minister Justin Trudeau expressing its concern and disappointment that the government has initiated an “external review” into the extradition and imprisonment in France, without charge, of Dr. Hassan Diab, a Canadian citizen.

Instead, what is needed is an independent, public inquiry into Dr. Diab’s extradition and the failings of Canada’s extradition laws. This has been the request of Dr. Diab and his supporters from the beginning, and has been echoed by pre-eminent legal experts, parliamentarians of all political backgrounds, and by human rights and civil liberties organizations.

The ICLMG joined these calls for a public inquiry in a letter sent to the Prime Minister on May 7th, 2018.

Read the full-text of the letter below (or download the PDF here).


  • Join the call for a public inquiry by singing the parliamentary e-petition online here.
  • Part of an organization? Ask them to send a letter of support for a public, independent inquiry to Prime Minister Trudeau at
  • For more information and to get involved, visit


August 1, 2018

The Right Honourable Justin Trudeau
Prime Minister
House of Commons
Ottawa, ON K1A 0G2

Dear Prime Minister Trudeau,

I am writing you on behalf of the International Civil Liberties Monitoring Group in follow-up to our letter of May 7, 2018, calling on your government to initiate a public, independent inquiry into the case of Dr. Hassan Diab and overarching concerns with the failings of Canada’s extradition laws.

We were dismayed to learn that your government has decided to pursue the course of an external review, rather than a full, public inquiry.

While we do not doubt the integrity of the appointed reviewer, Murray Segal, it is clear to us that the terms of reference for the review do not include the powers or scope necessary to investigate and address the complex and deep-rooted issues at play in Dr. Diab’s case.

We would urge you to instead proceed with a public, independent inquiry. Such a decision would not only resolve many of the problems of power and scope, but would also send a clear message to Dr. Diab, his family and the public that your government is committed to ensuring that an ordeal like Dr. Diab’s is never allowed to re-occur.

Anything less will fall short of the clear need for answers, repercussions and reforms in the wake of Dr. Diab’s decade-long ordeal.

Our concerns with the current review process include:

  • The review will not cover France’s actions in the lead up to Dr. Diab’s committal for extradition. France’s actions before and during Dr. Diab’s extradition hearings are of grave concern. It will be impossible to fully understand, rectify and prevent future occurrences if these actions are omitted from investigation.
  • The review does not include an examination of the shortcomings in Canada’s Extradition Act. This step is fundamental to ensuring justice and a fair process in the future and to prevent similar injustices being perpetrated against other Canadians.
  • The reviewer’s access to documents and evidence in Canada’s possession is subject to undue limitations, including constraints from vague “international relations obligations.” We are concerned this could mean obtaining permission from France for the release of certain documents, a clear conflict. The vagueness also raises concerns, more generally, over which documents and information will be available to the reviewer.
  • The review process lacks the opportunity to cross-examine witnesses under oath, hindering the reviewer’s work.
  • The terms of reference do not require the result of the review to be made public. It is of utmost importance that the full findings of this inquiry be made public in order to identify urgent changes needed to Canada’s extradition law, and steps needed to implement them. A public accounting is also vital to ensuring that justice is achieved for Dr. Diab.

Finally, we wish to express our support for Dr. Diab’s principled decision to boycott the current review. We agree with his assessment that the current external review amounts to damage control, and will not be able to fully address the root causes of Dr. Diab’s case.

While what Dr. Diab has faced over the past decade cannot be undone, he and the public deserve full answers as to how it was allowed to occur, and action to ensure that it cannot occur again. Only a public inquiry will be able to achieve this. We request that you act accordingly, and without delay.


Tim McSorley
National Coordinator
International Civil Liberties Monitoring Group

Letter to PM Trudeau and Minister Goodale: Stop the deportation to torture of Mohamed Harkat

Today is the International Day in Support of Victims of Torture. We have sent this letter to Prime Minister Trudeau and the Ministers of Public Safety, Justice and Immigration to urge them to stop the deportation to torture of Mohamed Harkat. 

Take action!

Join us by sending your own letter – feel free to use ours as a template – to prevent the addition of Moe’s name to the long list of victims of torture. Here are their email addresses:,,,, Thank you!

Ottawa, June 26, 2018

The Right Honourable Justin Trudeau
Prime Minister of Canada
Office of the Prime Minister and Privy Council
80 Wellington St, Ottawa, Ontario
K1A 0A2

The Honourable Ralph Goodale
Minister of Public Safety and Emergency Preparedness
House of Commons
Ottawa, Ontario
K1A 0A6

Stop the deportation to torture of Mohamed Harkat

Dear Prime Minister Trudeau and Minister Goodale,

I am writing you in my capacity as the National Coordinator of the International Civil Liberties Monitoring Group. The ICLMG is the only national coalition of Canadian civil society organizations that has the mandate to defend civil liberties and human rights from the negative impact of the fight against terrorism in Canada. The coalition, founded in 2002, brings together 45 national NGOs, unions, professional associations, faith groups, environmental organizations, human rights and civil liberties advocates, as well as groups representing immigrant and refugee communities in Canada.

Today, June 26th, marks the International Day in Support of Victims of Torture. We write to you to ensure that your actions, or rather inaction, will not lead to the addition of  Mohamed Harkat’s name to the long list of victims of torture.

Mohamed Harkat, a United Nations Convention refugee who has lived in Canada for 22 years, faces deportation to Algeria under a security certificate.

Today, his fate lies with you. He could be deported to torture and face a likely death, or he could be granted the status to continue to live a peaceful life in Ottawa with his wife Sophie Lamarche Harkat, and his family and friends. 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 three years ago.

The ICLMG has closely followed the case of Mohamed Harkat since it came to the public eye in 2002. Under the very problematic regime of security certificates, Mr. Harkat was imprisoned in maximum security for 43 months, spent years under house arrest, and was imposed some of the most severe bail conditions in Canadian history. And that is without ever having been charged with, let alone convicted of a crime. The original “evidence” against Mr Harkat was destroyed and the allegations are based on the testimony of an informant who failed a lie detector test and was never cross-examined in court.

We have also followed the four other cases of security certificates and we continue to denounce the secrecy surrounding them, the lack of due process, the indefinite detention of the suspects, the violation of the solicitor-client privilege, and the continuous abuse of human rights involved at all levels.

In 2008, we testified at the Senate Special Committee on Anti-Terrorism regarding the security certificate regime. Our position was and still is that “the only way to meet the requirements guaranteed by the Charter and International covenants, and in accordance with the principles of fundamental justice, is through prosecutions under the Criminal code.”

Today, as we have done for the last 15 years, we keep denouncing the highly problematic use of intelligence in these cases and the lack of access to the “evidence” against the suspects, which makes it impossible for them to mount a defense.

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.”

We are thus reminding you today to enforce Canada’s international obligations under the UN Convention against Torture, uphold Mohamed Harkat’s rights, and stop his deportation order to torture right now. We don’t want one of Prime Minister Trudeau’s successors to have to apologize and pay millions of Canadian taxpayers’ dollars for this ongoing human rights abuse years from now.

Furthermore, under an opening in the law governing security certificates, section 42.1 of the Immigration and Refugee Protection Act, Minister Goodale has the power to decide that allowing Mr. Harkat to stay in Canada is not contrary to the national interest. The courts have consistently relaxed Mr. Harkat’s bail conditions over the years, and CSIS has not even bothered to file a risk assessment in his last bail hearing in the fall of 2017. As his work colleagues and thousands of supporters have asserted, and as court assessments and psychiatrists have attested to, letting Mr. Harkat stay would not be contrary to Canadians’ interest. Moreover, not deporting a man to torture and likely death is clearly in Canada’s national interest.

Consequently, we urge Minister Goodale to use this unique position and the discretion afforded under the law to exempt Mohamed Harkat from deportation, end 16 years of psychological torture and harassment by CBSA agents that has had a huge documented toll on Mr. Harkat’s health — including chronically low appetite and concentration, recurrent nightmares, chronic depression, anxiety and post-traumatic stress disorder — as well as on Mrs. Harkat’s health, and let him stay and live with his wife and community in Canada.

Such a decision to end these deportation to torture proceedings would be wholly consistent with England’s Special Immigration Appeals Commission, which settled this issue in 2016 when it ordered Theresa May to stop deporting Algerian nationals at risk of torture, as well as with the Irish Supreme Court, which last July blocked a deportation to Algeria because of the real risk of torture.

If you would like more information in order to make this decision, we urge you to meet with Mohamed and Sophie Harkat, Alex Neve, Secretary General of Amnesty International Canada and/or myself. We can arrange such a meeting at your earliest convenience.

We would appreciate a response to our letter as soon as possible.

Thank you,

Tim McSorley
National Coordinator
International Civil Liberties Monitoring Group

Cc: The Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship
The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada

PDF of the letter

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!

Page 4 of 55« First...23456...102030...Last »