[Bloquez l'empire!] Week in Kafka-land: Update and New Call to Action on new security certificate law

[People's Commission]

A week in Kafka land
UPDATE and CALL TO ACTION on "security certificates"
3 February 2008

Last week was an exceptionally busy one in the Kafka-world of home-prisons,
vanishing secret evidence, and déjà vu laws that is the campaign against
so-called "security certificates". Here is an overview of the week's main
developments, ending with a renewed call for your much needed and deeply
appreciated solidarity and support.

::::Harkat released!::::

The Federal Court ordered Mohamed Harkat released from prison on Friday
(decision: http://cas-ncr-nter03.cas-satj.gc.ca/rss/DES402Order.pdf). He is
again at home under house arrest with his wife Sophie Harkat. Though he
has never been charged with any crime, let alone convicted, Harkat has been
forced to live under an extremely repressive control scheme since his
release from prison in summer 2006. Last Tuesday, Harkat was arrested at his
home in Ottawa, as he took a shower, on allegations that he violated some of
those bail conditions. The move on the part of the government exposed just
how deeply
invasive the conditions are - not only into Harkat's life, but into the
lives of his entire family. The arrest, it turned out, centered on the
love-life of Harkat's mother-in-law, who was literally called into court to
account for where she sleeps.

Though any real concerns on the part of Stockwell Day's Canadian Border
Services Agency (CBSA) could have been resolved through discussion with the
family, the CBSA chose the high-profile, media-worthy method of arresting
Harkat instead. The arrest, and attendant media storm, came just two days
before the Supreme Court hearing into the destruction of evidence in the
Charkaoui file, and as Parliament prepared to vote on the "new"
security certificate law. The timing, as Harkat's lawyers pointed out, was
interesting.

Harkat will be in court again on Monday, 4 February for a pre-scheduled bail
review, in which he will ask the court to allow him to stay at home alone.
The Harkat committee is asking people to come out to support Mohamed and
Sophie (at
Supreme Court building at 301 Wellington St.; court starts at 9:30am (arrive
early for security). Further details on the Harkat website:
www.justiceforharkat.com.

:::::Holding the secret service accountable: Rally and Supreme Court:::::

On Thursday, 31 January, Montrealer Adil Charkaoui was in Supreme Court in
Ottawa for a second time, this time asking the court to consider whether the
destruction of evidence in his file by the Canadian Security and
Intelligence Service (CSIS) reveals bias in the inquiry that the spy agency
has carried out against him. Charkaoui, his lawyers, and the six
organizations who intervened in favour of Charkaoui left the court with
optimism. If the Court ruling is positive, the certificate against Charkaoui
could be quashed. Since CSIS systematically destroys records of
interviews, the ruling could have a direct impact on other security
certificate cases and even more broadly. The ruling is expected from one to
three months from now. (Background on court hearing and mainstream media
coverage: www.adilinfo.org.)

Outside the court, people from Montreal and Ottawa gathered in solidarity
with the individuals and communities targeted by CSIS profiling and
harassment. Speakers from Solidarity Across Borders and CAIR-CAN explained
how immigrants have been refused entry to Canada, kept in legal limbo for
decades ("security delayed"), put under surveillance, held under house
arrest, imprisoned, deported, and even handed over to torture on the basis
of profiling and secret information stitched together by the spy agency. The
rally specifically called on members of Parliament to vote against the new
security certificate legislation which will provide continued legal cover
for CSIS to carry out abusive activities in the context of the
immigration system. (Photo essay of the rally:
http://photos.cmaq.net/v/SupremeCourtCSIS/; background on CSIS:
www.adilinfo.org/en/node/170.)

:::::Bill C-3, the "new" security certificate legislation:::::

Family members of the security certificate detainees converged in Ottawa on
Wednesday, 30 January, to hold a press conference calling on members of
Parliament to vote against the new security certificate law, which will
condemn them to further years of house arrest, fear, uncertainty
and denial of justice. (Background on C-3: www.adilinfo.org/en/node/232.)

Latifa Radwan, the mother of Adil Charkaoui, explained once again that all
she was asking for was equal treatment for the five security certificate
detainees, and an end to the racism against Muslims and Arabs which made
her, a Canadian citizen, feel like she wasn't really a citizen. Ahmad
Jaballah, oldest son of Mahmoud Jaballah, questioned
how members of the Liberal party, "the party of the Charter", can go against
their own beliefs and vote for a piece of legislation which so clearly
violates the fundamental rights described in that charter. Ahmad asked all
MPs whether they can live with participating in the destruction of the lives
and imprisonment of entire families, such as his own. Mona El Fouli, married
to Mohammad Mahjoub, made clear that the security certificate doesn't just
oppress non-citizens, but also citizens like herself and her children; she
called on MPs and all others in Canada to stand up and oppose C-3.

Hassan Almrei, detained since October 2001, has no family in Canada to speak
for him. Bill Siksay, a member of Parliament who has visited Almrei several
times in prison, spoke powerfully in support of Almrei, calling for him to
be released or charged and noting that solitary confinement and indefinite
detention are always wrong. Because he has no family to assume the role of
prison guards in a house arrest situation, Almrei remains in Guantanamo Bay
north in Kingston, where he
is now the sole prisoner. If C-3 passes, he could well remain there -
without charge, trial or sentence - for endless additional years.

Meanwhile, in Parliament, people who understand nothing of the reality of
Hassan, Latifa, Ahmad, Mona, Sophie and their families, were in the process
of making a decision that will determine their futures. The NDP introduced a
motion to delete every clause in the proposed bill. This was quickly
side-stepped, and, after a couple of hours of discussion, it was agreed to
vote on the committee report Monday afternoon. If it passes that vote, the
bill will move to third reading, where it will again be debated and voted.
This could happen as early as Tuesday, 5 February. If it passes at third
reading, it will go on to Senate. Normally the bill would go through the
same process in Senate - first and second reading, committee hearings,
committee report and third reading before it becomes law. However, the
government has apparently introduced a motion to
fast-track the bill, in the hope of passing it before the Supreme Court
ruling striking down the old law goes into effect on 23 February. With the
support of the Liberals, this motion could pass.

If it does not pass, there is some chance that the bill will not get through
the Senate before 23 February, meaning that the detainees just might have a
bid at freedom and justice.

::::CALL FOR CONTINUED ACTION::::

In our trip to Ottawa, it was clear that your calls, emails, faxes and
visits have been generating a lot of discussion. The main street in front of
Parliament was lined with "Notices to MPs", calling on them to vote against
C-3 and letting them know that they will be held
responsible
(www.adilinfo.org/sites/www.justicepouradil.org/files/file/poster-25jan-en.p
df).

==> IN THE NEXT FEW DAYS, it is vital that you continue to contact members
of Parliament:

* Continue to ask Conservatives and Liberals whether they support two-tiered
justice, secret trials, indefinite detention, and deportation to torture; if
not, ask them to take a public position against this law;
* Call on Bloc and NDP members, if they really are opposed to this unjust
law, to use as many delaying tactics as they can muster to slow down its
passage.

Contact one, two, three, ten MPs - as many as you can handle. All the
resources you need to do this, including a priority list of MPs, can be
found at www.adilinfo.org/en/node/271. Please send any replies you get to
justiceforadil at riseup.net or tasc at web.ca.

==> IF THE BILL PASSES ON TUESDAY, watch for a follow-up call to action
focusing on Senators. The next two weeks are critical, so please watch for
email updates or regularly check our websites (www.adilinfo.org or
www.justiceforharkat.com).

-----------------
More information:

Toronto: tasc at web.ca, tel 416 651 5800.
Ottawa: www.justiceforharkat.com, sophielamarche at hotmail.com.
Montreal: www.adilinfo.org, justiceforadil at riseup.net, tel. 514 848 7583.

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