ACTION ALERT: Fight Bill C-3: MPs must vote no to new security certificate process

UPDATE: The vote on Bill C-3, the Harper government's security certificate legislation, which was expected to take place December 2007, has been postponed until at least the week of Tuesday January 29, 2008, when the House of Commons resumes sitting.

November 14, 2007

On October 22, the Conservative government tabled Bill C-3, an act that would re-introduce the security certificate process for detaining and deporting non-citizens suspected of posing a threat to national security. This fundamentally unjust process was knocked down by the Supreme Court of Canada in February on the grounds that it discriminates between citizens and non-citizens in the application of Canadian law.

“The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process,” Chief Justice Beverley McLachlin wrote. This was "heartening news" for the New York Times, which suggested in an op-ed from February 27 that, "[U.S.] Lawmakers have only to look to the Canadian court for easy-to-follow directions back to the high ground on basic human rights and civil liberties."

Unfortunately, the high ground is shaky ground for the Harper government, which claims that by introducing "special advocates" -- appointed lawyers who could see all the evidence against the accused -- into the security certificate process, it will magically become constitutional again. The federal Liberals, desperate to avoid an election, are buying this line and say they will support Bill C-3 when it comes to a vote. Most others see right through the legislation.

“Special advocates are not the solution,” said Elizabeth McWeeny, president of the Canadian Council for Refugees in a joint statement with the International Civil Liberties Monitoring Group on February 23. “Even with a special advocate, the hearing will not be fair, as the Supreme Court made clear, because the person will not know and have the opportunity to respond to the case against them. This is not good enough, especially since we know from the Arar Commission that security agencies can make mistakes.”

"This legislation also does not address human rights concerns and violations and does not even attempt to limit the powers of our policing bodies," says the Canadian Arab Federation in a statement signed by the Council of Canadians and over 50 other groups across Canada. "The Conservative government does not even appear interested to relate our legitimate concerns regarding the egregious nature of the bill."

The Council of Canadians opposes the certificate process, as well as other security and immigration policies that were sped through Parliament after 9/11, largely in order to harmonize procedures with the United States. Not only do they discriminate against racialized non-citizens and migrants but they are completely useless at actually finding and prosecuting terrorist suspects. That is why we have joined the Canadian Arab Federation to oppose Bill C-3 and to demand that our elected MPs say yes to human rights by saying no to the revamped security certificate process when it comes to the House of Commons for a vote.

TAKE ACTION

Write a letter to your MP urging them to vote no to Bill C-3 (security certificates) when it comes up for a vote in the House of Commons. Click here to find your MP's email address. You might also consider writing to your local newspaper to show that Canadians support the rule of law and human rights over ineffective and discriminatory security measures like the security certificate.

Sample letter

[Your MP's name here],

I am opposed to the Conservative government's attempt to re-introduce the security certificate process as part of Bill C-3. The Supreme Court of Canada struck down this process as unconstitutional in February because it does not accord non-citizens the same right to a fair trial as citizens. Even with the introduction of a special advocate, as proposed by Bill C-3, the hearing will not be fair because the accused will not know or have the opportunity to respond to the case against them.

Not only does this revamped security certificate process continue to threaten fundamental civil and human rights guaranteed in the Charter, discriminate against non-citizens from racialized communities, give augmented and unnecessary powers to law-enforcement personnel who have made grievous errors in the past, and construct two separate, unequal justice systems for non-citizens and citizens, but there is no evidence that it can keep Canadians safe.

This process, and other security measures enacted after 9/11, including those in the Security and Prosperity Partnership, are an ineffective way to catch potential terrorists and are based more on a desire to integrate policy with the United States than anything. I encourage you to stand up for human rights and real security by voting no to Bill C-3.

I look forward to your response.

<your name>

Stuart Trew , Researcher, The Council of Canadians