The ICLMG was very happy to meet Khaled Al-Qazzaz on Tuesday, one month after he was finally able to come back to Canada. Khaled and his family suffered a 3-year ordeal: Khaled was imprisoned without charges in Egypt and put in solitary confinement, then released but he and his family were prevented from leaving the country for more than a year. In the photo, we can see some of the people who have fought for Khaled’s release and return, especially his wife Sarah and brother in law Ahmad who were relentless. Welcome back!

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. Any donations will go a long way to support our work. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!

This week, the House of Commons Standing Committee on Public Safety and National Defence hosted consultations on the national security framework in parallel with the official governmental consultations. It traveled to 5 cities – Vancouver, Calgary, Toronto, Montreal and Halifax – to meet with expert witnesses and hear what Canadians had to say about national security. The ICLMG was invited to the expert witness panel and was represented by national security lawyer Paul Cavalluzzo. Here is his testimony:

Having been Commission Counsel to the Arar Inquiry and a Special Advocate for many years, I can attest to the fact that national security intelligence and police agencies make mistakes.  In Mr. Arar’s case, inaccurate information sent by the RCMP to the FBI and CIA was likely relied upon in sending him to Syria where he was tortured for one year.

Mr. Arar’s case is not an anomaly.  Many innocent Canadians have been caught up in the response of our government and national security agencies to the threat of terrorism.  Since these agencies deal in intelligence and not evidence, mistakes are inevitable.  Some describe intelligence as “glorified rumours”.  Moreover, when mistakes are made the agencies are not always forthcoming.  For example, the Federal Court of Canada has been very critical of CSIS’s lack of candour in warrant applications and security certificate proceedings.  As a result, these agencies must be subject to effective review and oversight.  Otherwise we jeopardize the very values which these national security agencies were established to protect.  The overarching objective of review and oversight mechanisms is to ensure that CSIS and other agencies engaged in national security investigations are accountable for their activities.

In a democratic system based upon the rule of law and the protection of fundamental freedoms, every public institution must be answerable for its conduct particularly agencies such as CSIS and the RCMP which have such intrusive powers which can profoundly affect the lives of individuals in Canada.

These powers must be limited in order to ensure that the values of a free and democratic society such as Canada are protected – values such as liberty, the rule of law, the principles of fundamental justice and respect for equality.

This is the context in which a national security investigation must be conducted.  A basic principle of our system is that any public agency must be answerable for acting outside the limits placed on their powers.  Effective review monitors these agencies in order to ensure that the rule of law prevails.

Terrorism is a threat …however the level of the threat must be kept  in perspective.  As our Supreme Court has stated “in the end it would be a pyrrhic victory if terrorism were defeated at the cost of sacrificing our commitment to the values that are fundamental to our democratic society”.

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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. Any donations will go a long way to support our work. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!

Ottawa – Members of Parliament in the House of Commons will be debating, this week, Bill C-22, a proposed legislation introduced last June by the government to create a National Security and Intelligence Committee of Parliamentarians.

This newly proposed committee would have for objective to review “the legislative, regulatory, policy, administrative and financial framework for national security and intelligence,” and “any activity carried out by a department that relates to national security”.

The International Civil Liberties Monitoring Group (ICLMG) welcomed this new overdue legislation — however we highlighted many problematic aspects of Bill C-22 — but emphasized the need to include strong independent review mechanisms that would greatly complement the future tasks of this committee.

“For instance, we just learned today in the annual report of privacy commissioner Daniel Therrien that the federal government didn’t properly assess the privacy consequences of the Anti-Terrorism Act 2015, commonly know as Bill C-51. This is extremely troubling especially because 14 out of 17 government agencies authorized to share information on national security have no independent review or oversight” declares Monia Mazigh, national coordinator of the ICLMG.

In 2006, Justice O’Connor released an extensive report with recommendations for the federal government on how to establish comprehensive and independent review mechanisms so that the privacy and human rights of all Canadians are protected. To date, these recommendations still have not been implemented.

“It is time to act seriously and vigorously on the question of accountability in a national security context. The powers granted by C-51 to security and intelligence agencies are very extensive and unjustified, Canadians need to be assured that their human and privacy rights are not trumped by any invasive legislation,” reemphasizes Monia Mazigh.

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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. Any donations will go a long way to support our work. On the fence about giving? Check out our Achievements and Gains since we were created in 2002. Thank you for your generosity!