The Militant (logo)  
   Vol. 67/No. 15           May 5, 2003  
 
 
Ottawa broadens
use of secret trials
(feature article)
 
BY ROSEMARY RAY  
TORONTO--At a March 28 public meeting here, Sophie Harkat demanded an end to secret trials in Canada. Harkat’s husband, Mohamed, was arrested by undercover cops outside his home in Ottawa Dec. 10, 2002. He has been held in jail since then because the Canadian government alleges that he is linked to an Islamic "terrorist" group.

Harkat told the 70 people at the meeting that her life has been "one hell of a ride" since her husband’s arrest. "All of my family’s human rights have been violated. My innocent husband has been made to look like a terrorist and a killer without any evidence presented to him or his lawyer."

Mohamed Harkat, who is from Algeria, was given refugee status by the Canadian government in 1997 on the grounds that he faced political persecution if he returned home. Harkat is now detained in solitary confinement under a federal government Security Certificate. This is an arrest warrant issued by the minister of citizenship and immigration and the solicitor general. Canada’s secret police agency, the Canadian Security and Intelligence Service (CSIS), recommends such arrests to the federal cabinet when it claims that an individual represents a "threat to the security of Canada."

Rocco Galati, a lawyer who represents immigrants held in jail, described the Security Certificate process at the March 28 meeting. Used only against refugees and permanent residents, the proceedings are cloaked in secrecy. The accused are brought before a secret court without access to, or the right to rebut, "evidence" against them. If found guilty they could be deported to their country of origin.

The request for refugee status for one of Galati’s clients was denied by the Immigration and Refugee Board April 10. The board ruled that Mahmoud Jaballah, an Egyptian-born resident of Toronto, was "suspected" of being associated with the "terrorist organization Islamic Jihad." Jaballah has been held under a Security Certificate, in solitary confinement, since August 2001, said Galati. Responding to demands for Jaballah’s release from jail, federal judge Andrew MacKay, who will rule on whether Jaballah will be deported, is "uneasy about holding suspected terrorists indefinitely with no Canadian charges against them," the Toronto Star reported.

Galati estimates that up to 30 people are currently held in jail under Security Certificates.

The Canadian government has recently adopted several repressive laws, claiming they will protect citizens from "terrorist activities." These laws, in fact, undermine workers’ rights. Bill C-36, the so-called Anti-Terrorism Act, gives the state sweeping new police powers to arrest people without laying charges, on mere suspicion of "terrorist activity." At secret "investigative hearings," those arrested lose their right to remain silent and can be forced to answer questions. This law also enables the federal cabinet to compile a list of banned "terrorist" organizations and individuals. So far, 26 groups are on this list. Membership in such organizations is illegal. Anyone dealing with their property or finances can face jail terms of up to 10 years.

The threat to the labor movement’s right to strike and to the right of political dissent is evident in Bill C-36. This legislation defines "terrorist activity" as including a "serious disruption of an essential service, facility or system, whether public or private, other than as a result of lawful advocacy." But what constitutes lawful advocacy? This question was addressed by members of the Coalition of Muslim Organizations when they protested the bill’s adoption at parliamentary hearings. Asserting that C-36 undermines the political right to dissent, the coalition gave historical examples of political struggles such as the civil rights movement in the United States and Mahatma Gandhi’s opposition to British colonial rule in India. Either of these historic struggles could today be defined as "terrorist activity" because they protested unjust laws.

Hundreds of Arabs and Muslims have been jailed in Ottawa’s "antiterrorist" campaign, which has mostly targeted immigrants. CSIS agents have visited immigrants’ homes, conducting interrogations and attempting to pressure them into spying on their friends and workmates in the Arab community. The Canadian Arab Federation has issued a manual, "CSIS and Your Rights," which states that CSIS agents don’t have the legal right to compel people to answer questions nor to enter and search their home or workplace.

A new bill before the Canadian parliament, Bill C-18, or "The Citizenship of Canada Act," makes it clearer that the main target of Canada’s rulers is all working people. Whether born in Canada or elsewhere, individuals charged with "offenses against national security" under C-18 could have their citizenship revoked by the minister of immigration and citizenship. This applies whether one was born in Canada or is a naturalized citizen.

Other laws that Ottawa is trying to enact include Bill C-17, the "Public Safety Act." It would legalize the maintenance of a database recording the names and travel itinerary of all plane passengers in Canada. George Radwanski, Canada’s privacy commissioner, has spoken out against such a collection of personal information, describing C-17 as an invasion of privacy. He condemned the Canadian government as having lost its "moral compass."

In a further move to broaden government spying, the Royal Canadian Mounted Police announced March 23 that it has set up a "toll-free terrorism tip line," where it encourages callers to report "suspicious activities." The government is also considering a national identity card that would include a person’s biometric data, such as fingerprints or retina scans.

A vigil demanding Harkat’s release and an end to Security Certificates will be held April 26, at 7:30 p.m., at the Human Rights Monument on Elgin and Lisgar in Ottawa, Ontario. For information call Direct Action Casework at (613) 786-1015.

Rosemary Ray is a member of United Food and Commercial Workers Local 175 and works at Maple Leaf Pork.  
 
 
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