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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.” The Canadian Arab Federation (CAF) has gathered the support of over 50 organizations across Canada, including the Council of Canadians, 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. To read the CAF's joint statement, click here. Click here to 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. 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. |
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