On Monday November 5, ICLMG National Coordinator, Tim McSorley, appeared in front of the Senate Standing Committee on National Security and Defence regarding Bill C-21, an Act to Amend the Customs Act, which allows the sharing of Canadian travelers’ exit data between the US and Canada. In short, we told the Senate Commitee:

We believe the best solution would be to not collect travelers’ data en-masse, since restrictions in C-21 could be negated by powers granted in other legislation. Instead, we believe that security agencies should focus efforts on improving data collection on an as-needed basis. We therefore are opposed to the provisions of Bill C-21 that would lead to the default collection of all travelers’ information by the CBSA.

Here is Tim’s full presentation:

Thank you to the Committee for inviting me to present on behalf of the 45 member organizations of the International Civil Liberties Monitoring Group coalition.

While we recognize that there are three overarching reasons for Bill C-21 – national security, law enforcement and social policies – our focus is on national security.

Over the past 15 years, the ICLMG has been critical of proposals that further integrate Canadian border security with United States border security, which has been a near constant project since Sept. 11, 2001. In particular, we have paid attention to the impact that increasing border security can have on Canadians’ rights and freedoms, including around privacy rights, the right to movement and freedom of expression.

While we are not opposed to cooperation on security, we believe that such intensive security harmonization undermines Canada’s ability to set security policies according to Canadians’ priorities and concerns, and to adequately protect Canadians’ civil liberties as set out by the Charter of Rights and Freedoms.

The concerns have not been unfounded, as we have seen instances of security and border agreements that either follow the United States’ lead and/or are negotiated with little public input or debate.

The bill must also be considered in the context of Canada’s ever growing information collecting and sharing regimes, both domestically and internationally. The Canadian government now collects more data on its residents than ever before, and participates in unprecedented international intelligence sharing partnerships, such as the Five Eyes alliance. Such expansion gives rise to greater concerns over privacy protections and at a minimum, a chill on other rights. Continue reading →

Canada’s report on its implementation of the Convention Against Torture will be examined by the United Nations’ Committee Against Torture (CAT) during its 65th session from November 12 to December 7, 2018.

The ICLMG asserts that several Canadian policies, practices and cases contravene multiple provisions of the Convention Against Torture. We thus submitted a report to the CAT and urged the Committee to use it in formulating questions, comments, observations and recommendations in its evaluation of Canada’s report.

Our report contains concerns regarding:

• Anti-terrorism and national security legislation.
• The security certificate regime – notably the urgent situation of Mohamed Harkat, who faces deportation to Algeria where he risks detention, torture and death.
• The ministerial directives on information obtained through torture.
• Consular services – notably the case of Canadian Abousfian Abdelrazik who was detained at the request of Canadian agents and allegedly tortured in Sudan, and who is currently attempting to obtain justice and redress through a civil suit that the federal government recently managed to delay indefinitely.
• The extradition law – notably the case of Hassan Diab, who is now seeking an independent public inquiry into his ordeal.
• The case of Omar Khadr – notably that Canada has not yet provided the full redress recommended by the Committee and required by the Convention. ICLMG and Lawyers’ Rights Watch Canada (LRWC) have sent a joint submission specifically about Omar Khadr. You can read it here.
• Accountability mechanisms for state security agencies.
• The ratification of the Optional Protocol to the Convention against Torture.

Read our full report here.

OTTAWA, October 15, 2018 – The Canadian government continues to neglect its obligations to investigate and bring to justice those complicit in the torture and illegal sentencing of Omar Khadr, to fully apologize, and to ensure such an incident does not happen again, according to two leading Canadian civil liberties organizations in a new report to the United Nations Committee Against Torture (CAT).

Although compensation was paid, the redress necessary to prevent recurrence and restore the dignity, reputation and rights of Omar Khadr have not been provided. Canada has yet to investigate and disclose the facts, fully acknowledge its responsibility or clearly apologize for the acts and omissions of Canadian officials that contributed to the torture and ill treatment, prolonged arbitrary detention, denial of due process and illegal sentencing of Omar Khadr in Guantanamo Bay prison. These issues are raised in a report submitted today to the CAT by Lawyers’ Rights Watch Canada (LRWC) and the International Civil Liberties Monitoring Group (ICLMG).

“When Canadian officials participate in the torture and illegal detention and sentencing of a citizen, the Convention against Torture requires Canada to ensure both the rehabilitation of the victim and an investigation aimed at identifying and holding accountable those responsible,” says Gail Davidson of LRWC.

In response to a previous joint 2012 report filed by LRWC and the ICLMG, the CAT found that the Canadian government must “ensure that [Omar Khadr] receives appropriate redress for human rights violations that the Canadian Supreme Court has ruled he experienced.”

“Canadian officials have full knowledge of the torture and other grave rights violations suffered by Omar Khadr during more than 10 years in the notorious Guantanamo Bay prison” says Tim McSorley of the ICLMG. “All that time, they have never made efforts to fully investigate or bring to justice those who were complicit in his interrogation and torture. Instead they have falsely portrayed him as a dangerous person deserving of the most brutal rights violations.”

In its 2012 report, the CAT also recommended concrete steps that Canada should take to ensure that no other Canadian citizen suffers the same fate and that Canada live up to its obligations under the Convention against Torture. These included incorporating all provisions of the Convention into law, and educating the judiciary and the public about Canada’s obligations.

Despite having this report for the last five years, the Canadian government has failed to address these recommendations.

“Canada’s inaction on this case is alarming and contravenes the Convention and the rule of law. It signals a refusal to investigate, punish and fully redress the involvement of Canadian officials in torture and other prohibited treatment of a Canadian citizen.” says Gail Davidson of LRWC.

Together, LRWC and the ICLMG are calling on the government, among other things, to:

• Establish a Public Commission of Inquiry to investigate, identify those responsible and make recommendations to remedy the acts and omissions of Canadian officials that contributed to violations of Omar Khadr’s rights, and to hold those involved accountable;
• Educate and train law enforcement personnel, lawyers, judges, prison officials, medical personnel and others who may be involved in the treatment of detained persons about duties under the Convention;
• Ratify the Optional Protocol to the Convention;
• Enact legislation to put in place procedures for: complaints of torture and/or ill treatment by State and non-state actors; investigation of complaints and identification of suspects; and prosecution of suspects;
• Allow those tortured outside of Canada to bring suit within Canadian courts.

The report and recommendations can be read online here [PDF].

The ICLMG has also submitted a full report covering other aspects of Canada’s contraventions of the Convetion Against Torture. Read it here.