Sandra Finley

Feb 252015
 

http://www.theglobeandmail.com/news/politics/anti-petroleum-movement-a-growing-security-threat-to-canada-rcmp-say/article23019252/ 

SHAWN McCARTHY

OTTAWA — The Globe and Mail

The RCMP has labelled the “anti-petroleum” movement as a growing and violent threat to Canada’s security, raising fears among environmentalists that they face increased surveillance, and possibly worse, under the Harper government’s new terrorism legislation.

In highly charged language that reflects the government’s hostility toward environmental activists, an RCMP intelligence assessment warns that foreign-funded groups are bent on blocking oil sands expansion and pipeline construction, and that the extremists in the movement are willing to resort to violence.

“There is a growing, highly organized and well-financed anti-Canada petroleum movement that consists of peaceful activists, militants and violent extremists who are opposed to society’s reliance on fossil fuels,” concludes the report which is stamped “protected/Canadian eyes only” and is dated Jan. 24, 2014. The report was obtained by Greenpeace.

“If violent environmental extremists engage in unlawful activity, it jeopardizes the health and safety of its participants, the general public and the natural environment.”

The government has tabled Bill C-51, which provides greater power to the security agencies to collect information on and disrupt the activities of suspected terrorist groups. While Prime Minister Stephen Harper has identified the threat as violent extremists motivated by radical Islamic views, the legislation would also expand the ability of government agencies to infiltrate environmental groups on the suspicion that they are promoting civil disobedience or other criminal acts to oppose resource projects.

The legislation identifies “activity that undermines the security of Canada” as anything that interferes with the economic or financial stability of Canada or with the country’s critical infrastructure, though it excludes lawful protest or dissent. And it allows the Canadian Security and Intelligence Service to take measures to reduce what it perceives to be threats to the security of Canada.

The British Columbia Civil Liberties Association has already launched challenges to the RCMP complaints commission and the Security Intelligence Review Committee – which oversees the Canadian Security Intelligence Service – over alleged surveillance of groups opposed to the construction of the proposed Northern Gateway pipeline in B.C.

“These kind of cases involving environmental groups – or anti-petroleum groups as the RCMP likes to frame them – are really the sharp end of the stick in terms of Bill C-51,” said Paul Champ, a civil liberties lawyer who is handling the BCCLA complaints. “With respect to Bill C-51, I and other groups have real concerns it is going to target not just terrorists who are involved in criminal activity, but people who are protesting against different Canadian government policies.”

RCMP spokesman Sergeant Greg Cox insisted the Mounties do not conduct surveillance unless there is suspicion of criminal conduct.

“As part of its law enforcement mandate the RCMP does have the requirement to identify and investigate criminal threats, including those to critical infrastructure and at public events,” Sgt. Cox said in an e-mailed statement. “There is no focus on environmental groups, but rather on the broader criminal threats to Canada’s critical infrastructure. The RCMP does not monitor any environmental protest group. Its mandate is to investigate individuals involved in criminality.”

But Sgt. Cox would not comment on the tone of the January, 2014, assessment that suggests opposition to resource development runs counter to Canada’s national interest and links groups such as Greenpeace, Tides Canada and the Sierra Club to growing militancy in the “anti-petroleum movement.”

The report extolls the value of the oil and gas sector to the Canadian economy, and adds that many environmentalists “claim” that climate change is the most serious global environmental threat, and “claim” it is a direct consequence of human activity and is “reportedly” linked to the use of fossil fuels. It echoes concerns first raised by Finance Minister Joe Oliver that environmental groups are foreign-funded and are working against the interests of Canada by opposing development.

“This document identifies anyone who is concerned about climate change as a potential, if not actual – the lines are very blurry – ‘anti-petroleum extremist’ looking to advance their ‘anti-petroleum ideology,’” said Keith Stewart, a climate campaigner for Greenpeace.

“The parts that are genuinely alarming about this document are how it lays the groundwork for all kinds of state-sanctioned surveillance and dirty tricks should C-51 be passed,” he said.

A spokeswoman for Public Safety Canada said Bill C-51 does not change the definition of what constitutes a threat to Canadian security, and added CSIS does not investigate lawful dissent.

“CSIS has a good track record of distinguishing genuine threats to the security of Canada from other activities,” Public Safety Canada’s Josée Sirois said. “The independent reports of the Security Intelligence Review Committee attest to CSIS’s compliance with the law.”

Feb 252015
 

Dear Sandra,

You’ll never believe what a leaked RCMP memo from last week says about you. If you oppose the furious rush to build pipelines and expand the tar sands like I do, then you’re considered to be a “violent anti-petroleum extremist.” The Harper government will stop at nothing to bully and silence its critics. The memo literally says that those of us who oppose pipelines should be seen and treated as potential criminal and security threats. I honestly could not believe what I was reading.

Click here, refuse to be bullied, and sign the petition telling Mr. Harper and the RCMP that opposing pipelines is not a criminal activity.

We all know that the proposed pipelines are the real threat – not responsible Canadians standing up for their coastlines and the climate. The Kinder Morgan pipeline alone would increase the number of oil tankers passing through Burrard Inlet from one or two to 10 tankers every single week! More tankers means more potential oil spills. Experts have said over and over again, it’s not a question of if there will be a major spill, but when.

Canada is supposed to be a free country where we have the right to disagree with our government without the fear of being treated like criminals. If we don’t stand up now and make our voices heard, who knows what the future will hold for Canadians who stand up to our government. Click here and tell Harper that protecting our coastlines and opposing the limitless expansion of the tar sands is not a criminal activity.

In freedom,

Sven Biggs Campaigner, ForestEthics Advocacy

P.S. Five signatures are even more powerful than one – after you take action, forward this email to your friends!

Sources:

McCarthy, Shawn (2015 February 17). “Anti-petroleum movement a growing security threat to Canada, RCMP say.” The Globe and Mail.

Vancouver Observer Staff. “Kinder Morgan Pipeline.” Vancouver Observer.

Feb 252015
 

http://www.guardian.co.uk/gmdebate/Story/0,2763,1083640,00.html

Cabinet papers warn Canada off GM crops
Farmers fear long-term threat to food exports

Paul Brown, environment correspondent

Thursday November 13, 2003

The Guardian (UK)

A secret briefing to the Canadian government has warned that the country’s massive food exports are at risk from its continued use of GM crops.

The paper, which has been obtained under the Access of Information Act, warns the cabinet of the “pressing need to immediately address these concerns”.

Such fears contrast with the government’s repeated endorsement of GM crops and technology as a great opportunity for Canada.

The paper, which was drafted by a senior civil servant, says that “producers are becoming worried about losing markets and losing choice over what they produce”, while consumers are becoming more worried that they cannot distinguish between GM and non-GM products.

“These concerns could precipitate a loss of confidence in the integrity of the Canadian food system, which could be very disruptive to the domestic system as well as Canada’s ability to export to demanding markets.”

Some pages of the secret document, which have been blanked out, concern advice on how to deal with the growing public fears and the potential loss of further export markets for Canadian goods.

Canada is the third-largest producer of GM crops after the US and Argentina.

But the paper says that the production of GM canola (oilseed rape) is affecting the value of non- GM canola in some markets. It says: “The EU was effectively closed to all Canadian commodity canola.”

The Canadian farmers’ greatest fear, however, is the introduction of GM wheat, of which trials are imminent.

The Canadian Wheat Board has just surveyed its overseas customers in Europe, Japan and the US, with 82% saying that they would not take GM wheat. The export market for milling wheat into bread is worth £2bn a year to Canada.

The paper says that large Canadian producers in other fields have already taken defensive action. Flax producers, for instance, will not produce a GM version, while the largest potato processor, McCains, has declared it will not purchase GM potatoes. Jim Robbins, a farmer and business consultant for the Canadian National Farmers Union said that large exports of oilseed rape had been lost to Europe as it was impossible to separate GM and conventional crops. In Canada, they had all been mixed together. Cross contamination, it said, was now “irreversible”.

Canadian farmers feared the same would happen with wheat, prompting a loss of exports and a crash in prices.

“I cannot see how it would be possible to separate GM wheat and non-GM wheat,” Mr Robbins said. “It is also very difficult, not to say impossible, as we have discovered with canola, to prevent the spread of GM canola plants into conventional crops.”

He said the Canadian government’s problem involves the lack of legal regulation to thwart the introduction of GM wheat, prompting the potential for contamination of conventional crops.

Mr Robbins believes fears for the environment could be a useful defence, pointing out that if GM wheat – basically a grass – escaped into the Canadian countryside it might become an extremely difficult weed to eradicate because it would be herbicide resistant.

He said: “That might provide an escape route for Canada, like the GM field trials have in Britain.”

 

Feb 252015
 

From: Sandra Finley   Sent: February-17-15  To: bill.durodie at  royalroads.ca Subject: Calls for mandatory long form census

 

Dear Professor Durodie,

 

RE:  your Shaw interview last summer,  https://www.youtube.com/watch?v=76uBmi5IAuk.

 

If what I say has merit, I would appreciate if you would share it with interested others.

There are complexities with the data base on Canadians at Statistics Canada that are unknown in some circles.

You will know of the leaks about NSA surveillance by Edward Snowden.   Because you were interviewed in relation to the trial of Eve Stegenga, I think you will know of Lockheed Martin’s involvement in the data base on Canadians at StatsCan.

Further to that:

 

  • Lockheed Martin Corporation works with the NSA
  • Lockheed’s website tells that an area of expertise they offer is surveillance
  • Snowden explained the NSA’s “back door entry” to data bases, if the NSA/FBI cannot gain front-door access.
  • Ladar Levison’s story is one example of what the FBI is doing to forceably gain access to personal information without court orders.  In case you are not familiar with Levison’s story:     2014-05-29  Lavabit founder, Ladar Levison, fought 9-month legal battle with FBI  &    2014-06-27 Ladar Levison: The American who shut down his business when he felt his government wanted too much
  • Many Canadians are not aware of the extent of the data collection being done, and illegally by StatsCan.  The long form census in 2006 had approximately 50 questions.  It has been replaced by the National Household Survey with a > 50% increase in the number of questions.   Racial and sexual profiling, the NAME (not just the industry sector) of your employer, and so on and on.  The building of files on individuals is on-going weekdays and weekends (“Surveys” are not confined to once every 5 years).  The illegal part is that StatsCan pronounces that people can/will be prosecuted and potentially sent to jail if they don’t answer the questions.   But under the governing legislation, the Statistics Act, surveys are voluntary, only the census is mandatory.  (You may be interested, 2014-05-26 Census, Surveys & Lockheed Martin. More concise argument? (conversation with JoAnne)

Canadian citizens began protesting in 2003 against the involvement of Lockheed Martin, effectively the American military, in the data base on Canadians at StatsCan.   (People in the UK also objected to the involvement of Lockheed Martin in their similar data base.)

Humans have experience with Governments that build data files on citizens.  It was specifically through censuses in the case of Nazi Europe  (ref IBM and the Holocaust by Edwin Black).   Because of the known association between police states and detailed files on citizens, Canadians have  THE CHARTER RIGHT TO PRIVACY OF PERSONAL INFORMATION:

“In fostering the underlying values of dignity, integrity and autonomy, it is fitting that s. 8 of the Charter should seek to protect a biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the state.”

A large and growing number of Canadians understand that the assaults on democracy in Canada need to be vigorously challenged.

(An irony to me is that the intention of the American militaristic forces vis-a-vis Canada have been spelt out through the years in our own media.   It’s as though we didn’t believe them,  but lo and behold today – – they have almost succeeded in their intentions to have access to all the data on Canadians, including for example, those who oppose the Northern Gateway Pipeline – – one example among many.)

I hope that this additional information might bring about a re-evaluation of support for making it an offence for Canadians to defend the Charter Right to Privacy of personal information.    We should not walk blindly.

I am happy to answer any questions you may have.

 

Best wishes,

Sandra Finley

 

Feb 252015
 

From: Boyle, Francis A Sent: Monday, November 11, 2013  Subject: The Greatest Generation?

 

The Greatest Generation?

Oh really?

If they were so great

Then why did they send

Their Sons so willingly

Off to die

In Vietnam

A war  they started

While we suffered

 

58,000 young men

Of my generation

Were murdered

By The Greatest Generation

Hundreds of Thousands

Of our Lives were destroyed

Plus 3 million genocided Vietnamese

Not that “gooks” mattered to The Greatest Generation

Then  neither did we their Sons

 

Why  didn’t The Greatest Generation

Rise up as One

And tell the American Empire

That you will not have our Sons

 

Over our dead bodies!

Hell no!

They will not go!

 

Why did The Greatest Generation

Not fight for US their Sons

Against the American Empire

As they did against the German and  Japanese Empires

We the Sons of the Greatest Generation were not worth it

 

They said they were liberating Peoples in Foreign Lands

Then why did The Greatest Generation send   their Sons

To fight and die

In that God-forsaken Land?

And to murder millions living in their own Land? 

 

Was this some blood-sport

we had to play

With them as  pony riders

and US  as  buzkashi goat carcasses

 

Was it  reverse Freudian Oedipal Complex

Them killing us off

before we got to  them

And took their place

 

Were we  blood-sacrifice to Moloch

With them as  Priests

And we as  sacrificial lambs

 

Were they our   Abrahams

Actually murdering  US  their  Isaacs

In  a Holocaust

To their  Genocidal Yahweh

 

Hard to say

What was going on

In the Minds of The Greatest Generation

If anything at all

Mindless Patriotism

The last refuge of them Scoundrels!

 

They knew all about War

then sent their Sons marching off

 Into the Valley of Death

Charge of the Light Brigade

 

The result was predictable

A Decimated Generation

A Shattered Generation

MY GENERATION!

BUT WE ENDED THEIR DAMN WAR!

 

The Greatest Generation?

Hell no!

A Pathetic Generation!

 

May they  ever be  tormented

By Their Own  Son’s  Souls 

 

Professor Francis A. Boyle

Feb 252015
 

http://aptn.ca/news/2015/02/26/afn-fears-unjust-labelling-first-nations-activists-terrorists-proposed-anti-terror-bill-document/

Jorge Barrera
APTN National News
The Assembly of First Nations will be seeking to appear as a witness before the House of Commons committee currently studying the Harper government’s proposed anti-terror bill.

The AFN’s main concern is about its potential impact on First Nation dissent, according to a document from the national chiefs organization which analyzes Bill C-51.

To voice concerns about its potential impact on First Nation dissent, according to a document from the national chiefs organization which analyzes Bill C-51.

The AFN will also be seeking standing as a witness before the Senate committee taking over study of the anti-terror bill once it passes through the House of Commons, which is expected because the Harper government has a majority.

The AFN analysis document says the proposed bill could lead to the “unjust labelling of First Nations activists as ‘terrorists.’”

“Many of the provisions drafted in the proposed Act could potentially apply to activities of Indigenous peoples living in Canada and there are very few provisions proposed that would prevent the legislation from being interpreted against First Nations people,” said the analysis.

The AFN will also be seeking to meet with officials and MPs on both sides of the debate to have amendments considered in discussions on the proposed bill.

“Our office will seek to meet with government and opposition officials to seek amendments to the draft legislation,” according to the AFN’s analysis which was finalized Tuesday. “Our office will be working with First Nation leadership and interested organizations to assess the potential impacts of the legislation.”

The proposed anti-terror bill will give the Canadian Security Intelligence Agency police-like powers. It also gives police more leeway when it comes to arresting individuals suspected of committing acts of the terror. The bill also aims to crack-down on online speech that is perceived to promote terrorism.

The Harper government has rejected calls for more oversight to accompany the new powers the bill will give to law enforcement agencies.

The Liberals have stated they want amendments to the bill, but will support its passage even if their amendments are rejected.

The NDP has stated it intends to oppose the bill.

The AFN is among a list of 60 potential witnesses the NDP is planning to submit to the Commons Public Safety committee studying the bill. The NDP will also be including Indigenous activists on the list of potential witnesses.

It’s unclear at the moment when the committee will actually begin to hear from witnesses. On Tuesday, the Conservatives reportedly tried to limit the amount of days spent hearing witnesses while the NDP responded by filibustering, pushing the meeting to the four-hour mark.

The committee meets again in camera Thursday and NDP public safety critic Randall Garrison is expected to table a motion to have the committee sit during evenings and through break weeks to hear from as many witnesses as possible.

During question period Wednesday, NDP leader Thomas Mulcair accused the Harper government of trying to limit debate on the bill. He asked why Prime Minister Stephen Harper didn’t want to hear from First Nation leaders on their concerns about the bill. Mulcair quoted from a statement issued by the Union of B.C. Indian Chiefs last Friday which said the proposed anti-terror bill “directly violates the ability” of Indigenous people to assert and defend their constitutionally protected rights.

“First Nations are raising the alarm,” said Mulcair. “Again, Bill C-51 goes well beyond terrorism and will impact constitutionally-protected dissent and protest. Why is the prime minister afraid to hear from First Nations themselves?”

Harper wasn’t in the House of Commons for question period, but Public Safety Minister Steven Blaney fielded the question. Blaney said First Nations had nothing to fear from the bill.

“For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression,” said Blaney, quoting directly from the bill. “Please read the bill and then we can have a debate.”

The AFN analysis also references the same section Blaney used to argue First Nation dissent did not face a threat, but came to a different conclusion.

“Although most First Nations demonstrations could be considered as lawful advocacy, protest or dissent, it is likely that there would be disagreements between First Nations and the government as to what would constitute unlawful activity,” said the analysis. “The legislation does not account for disagreements or who would determine in the event of an ambiguous situation, such as if a demonstration was considered a lawful protest by a First Nation, but deemed an interference with critical infrastructure by the federal government or law enforcement agencies.”

The analysis also raises concerns about another section of the bill that covers activities that “undermines the security of Canada” including interfering with the government’s capabilities around defence, intelligence, border operations, public safety and the economic and financial stability of the country.

“This definition could be problematic for First Nations communities or citizens who may be engaged in various activities to: assert inherent or recognized rights and title; protect their land and water rights and interest; or oppose major development projects on their traditional lands that threaten the enjoyment of their Aboriginal or Treaty rights,” said the analysis. “The proposed legislation could result in the unjust labeling of First Nations activists as ‘terrorists,’ such activists who: seek to exercise their freedom of speech and freedom of assembly to assert First Nation’s collective rights, title and jurisdiction; march across or set up blockades at the border of the Unites States and Canada; set up a blockade along a major highway or railway; block access to a road or railway’ or publicly encourage such actions.”

The analysis also said the AFN was watching Bill C-639, An Act to Amend the Criminal Code, protection of critical infrastructure, which is a private member’s bill introduced by Conservative MP Wai Young last December. Bill C-639 aims to expand the Criminal Code definitions of critical infrastructure to also encompass everything from telecommunications, to transportation to finance, health care and food, said the analysis.

“The critical infrastructure provision in (the Bill C-51) closely resembles…Bill C-639,” said the analysis. “Unlike Bill C-639…Bill C-51 is very broad and will embody any activity that ‘undermines the security of Canada.’”

jbarrera@aptn.ca

@JorgeBarrera

 

Feb 242015
 

http://sputniknews.com/europe/20150223/1018648904.html 

© AP Photo/ Alik Keplicz

Poland is investing billions of dollars in game-changing military hardware, much of it supplied by Lockheed Martin, with ambitions to shift the balance of power in Eastern Europe.

Polish officials and experts have high hopes that a series of military programs aimed at beefing up Poland’s missile-related capabilities will dramatically strengthen the country’s projection power capability, even predicting that it will shift the balance of military power in Central Europe in Poland’s favor.

The Polish Defense Ministry made a deal this past December with the US’s Lockheed Martin to acquire at least 40 AGM-158 semi-stealth air-to-surface missiles with a range of 370 km for its F-16 fighter fleet. This, combined with plans to develop a 300 km range surface-to-surface rocket artillery system known as HOMAR with technology licensed from Lockheed Martin, plus plans to purchase a submarine-launched system of maneuverable rockets with a range of up to 800 km, will provide Poland with what political scientist Pawel Soroka calls a “Polish deterrent triad.”

Speaking with Poland’s Newseria news agency on Sunday, Soroka noted that the defense program would dramatically improve Poland’s independent military capability. “NATO has a system of deterrence, at the head of which is the US. I think that on the one hand, we must be included into NATO’s system of deterrence as an ally, but on the other hand, we must also have autonomous capabilities.” Soroka noted that the system would increase Poland’s options for independent action in times of crisis.

Moreover, in Soroka’s words, “along with the new hardware will come new opportunities, for example, the submarine-based landing of special forces.” The planned fleet of three new submarines, expected to cost over $2.03 billion, is expected to allow them to attack ground targets hundreds of kilometers from the Baltic coast using maneuverable ship-to-surface missiles, a capability Poland would be alone in possessing among its Central and Eastern European NATO partners.

The air, ground and ship-based conventional missile systems are part of a $42.4 billion military modernization program up to 2022 dubbed “Polish Claws” by Prime Minister Donald Tusk, which includes a $9 billion air and missile defense system known as “Polish Shield”.

Amidst rising tensions on its eastern European borders and ever-increasing NATO encroachment, Russia’s new military doctrine, adopted late last year, singles out NATO as a main strategic threat to the country’s security. The new doctrine has seen with it the speeding up of the country’s 2020 military modernization program, with new and modernized equipment entering service into all four branches of military. In 2014 alone, the army received two new brigades of Iskander M-based tactical rocket systems, while three new rocket forces regiments were outfitted with the RS-24 Yars ICBM.

Responding to the increasingly belligerent defense posture by NATO’s eastern outposts, former Deputy Defense Minister General Yuri Baluyevsky recently noted that the representatives of these countries’ political leaders seem to “have forgotten that while our strategic rockets would hypothetically ‘fly over’ their territory, medium and short range rockets would be aimed at their [territory].” Baluyevsky notes that he hopes that remembering this fact “will cool the heads of the leaders of these countries.”

 

Read more: http://sputniknews.com/europe/20150223/1018648904.html#ixzz3Sgm6icjJ

Feb 232015
 

| By Jim Bronskill, The Canadian Press

 
Former prime minister Jean Chretien addresses the audience during an event to celebrate the 50th Anniversary of the Canadian Flag, in Mississauga, Ont., on Sunday February 15 2015.THE CANADIAN PRESS/Chris Young
Former prime minister Jean Chretien addresses the audience during an event to celebrate the 50th Anniversary of the Canadian Flag, in Mississauga, Ont., on Sunday February 15 2015.THE CANADIAN PRESS/Chris Young

OTTAWA – Four former prime ministers and several retired Supreme Court members are among almost two dozen prominent Canadians calling for stronger security oversight.

Their statement, published Thursday in the Globe and Mail and La Presse newspapers, comes as the Conservative government proposes a new, expanded mandate for the Canadian Security Intelligence Service to counter terrorist threats.

“Protecting human rights and protecting public safety are complementary objectives, but experience has shown that serious human rights abuses can occur in the name of maintaining national security,” the statement says.

“Given the secrecy around national security activities, abuses can go undetected and without remedy.

“This results not only in devastating personal consequences for the individuals, but a profoundly negative impact on Canada’s reputation as a rights-respecting nation.”

The Security Intelligence Review Committee currently oversees CSIS, doing several studies each year and tabling a report in Parliament.

Critics argue the review committee is just that, a review body, not an oversight agency peering over the spy service’s shoulder in real time.

The joint statement published Thursday was signed by Jean Chretien, Paul Martin, Joe Clark, John Turner and 18 others involved in security matters over the years.

They include five former Supreme Court justices, seven former Liberal solicitors general and ministers of justice, three past members of the intelligence review committee, two former privacy commissioners and a retired RCMP watchdog.

They note that detailed recommendations for a new intelligence watchdog regime — put forward in 2006 by the federal inquiry into the Maher Arar torture affair — were not implemented.

Efforts to enhance parliamentary oversight of national security agencies have also been unsuccessful, they point out.

Several groups including Amnesty International, the Canadian Civil Liberties Association and the National Council of Canadian Muslims welcomed the statement.

The government’s recently tabled anti-terrorism bill, which would give CSIS the power to disrupt plots, was debated Thursday at second reading in the House of Commons.

Opposition MPs accused the government of rushing the bill through Parliament. They said the new powers would allow security agencies to go after the government’s enemies, such as environmentalists.

Justice Minister Peter MacKay dismissed the notion, telling the Commons that security forces would be better able to protect Canadians “in targeted and practical ways” with the review committee and the courts providing a check on their powers.

Speaking at an event in Surrey, B.C., Prime Minister Stephen Harper categorically rejected the idea of a security-cleared committee of parliamentarians monitoring spy agencies, like the ones in Britain and the United States.

“The model we have in Canada of independent, expert oversight — that’s the model we’re pursuing,” he said. “We’re going further in that direction, and we as a government are not interested in politicians doing the oversight.”

The New Democrats chided the government for not doing enough to prevent the radicalization of young people, saying community engagement plans have been left to languish on the drawing board for years.

At a defence forum Thursday, security analyst David Perry of the Conference of Defence Associations Institute said that since 2007, CSIS has handed back five per cent of its total appropriation, or $180 million.

The RCMP had returned eight per cent, or $1.7 billion, to government coffers, Perry said.

New Democrat MP Jack Harris said the government was under-funding key security agencies in order to balance the books.

“They’re bound and determined, come hell or high water, to have a budget surplus against all common sense and neglecting the security needs of the country.”

Feb 232015
 
Security

A Very Dark Place

In the panic after 9/11, Canada enacted anti-terrorism legislation that curtailed civil liberties in favour of national security. Faced with American pressure, is the Harper government poised to go even further?

From the July/August 2006 magazine
Photography by Jaret Belliveau

As the gates of Syria’s austere Far Falestin detention centre closed behind him, Abdullah Almalki remained calm. He was a Canadian citizen, in Damascus simply to visit his mother. Upon meeting with prison officials, he would be immediately released, he thought. At first, the questions were routine: Why had he come to Syria? What line of work was he in? Then suddenly and without warning, one of the inquisitors pulled a rubber blindfold tight across Almalki’s eyes. He was led to another room, seated in a chair, and presented with the names of three Arab men. Did he know them? When Almalki said he didn’t, the room went silent and he was viciously slapped across the face. The sound reverberated throughout the chamber, and at that moment, he later recalled, “they sacked my dignity, they crushed my personality.…[I was] transferred to another world.”

Beginning on May 4, 2002, and for the next 482 days, Abdullah Almalki’s world became a damp, cockroach-infested cell not much bigger than a grave. Cats urinated through a small opening in the ceiling and rats often squeezed under the door, but even still he hoped it wouldn’t swing open—an open door only meant more torture and interrogation, sometimes for eighteen hours straight. Stripped to his underwear, Almalki was repeatedly whipped with a thick cable (a guard once derisively told him that he had endured a thousand lashes during one seven-hour session). The worst torture occurred when his knees were forced to his chest and a large tire was placed around his bent body. He was then rolled onto his back, which allowed the guards to freely beat his head, body, genitals, and the soles of his feet.

Before his arrest, Almalki, then thirty-one, sold communications equipment across the Middle East and Pakistan. As such, the interrogations often centred on his work and on Osama bin Laden. Did he know the al Qaeda leader? Had he ever trained with the terrorist organization or sold equipment to it? But when he was back in his dark cell, Almalki became consumed by other questions. George Salloum, the prison’s chief interrogator, had told him that agents from the Royal Canadian Mounted Police (rcmp) and the Canadian Security Intelligence Service (csis) wanted information about a number of Canadian Muslim men—inconsequential people, it seemed to Almalki, whom the Syrians could not have known about or been remotely interested in. Almalki was also troubled by the fact that Salloum had information that could only have come from his personal business records, material that had been seized by the rcmp during a raid on his Ottawa home in January 2002. His interrogators were cryptic about this apparent collaboration, but several months into his incarceration, Almalki claims they produced a list of questions they said had been supplied by the rcmp and csis. “‘Canada sent these questions,’” he recalls an interrogator telling him. “‘We have to get answers on them so that we can send them back.’”

By that time, physically and emotionally shattered, Almalki had already cracked. “I told them, ‘Whatever you want, I’ll tell you what I know,’” he says. “‘If you want something else, I will sign a piece of paper, blank, and you fill it up with whatever you want.’ I got to the point where I felt I could not take one more lash.” Almalki maintains that on March 10, 2004, his interrogators finally told him that their findings had been sent to Ottawa and that he had been cleared of all allegations. He was set free that day. The question remained however: did csis, the rcmp, and top officials at Foreign Affairs conspire to have Almalki tortured in Syria, in a bid to unmask an al Qaeda sleeper cell operating in Canada?

This allegation is contained in a lawsuit that Almalki launched in March 2006. The case has obvious parallels with the more-publicized inquiry into the role of Canadian officials in the arrest of Maher Arar, the Ottawa computer engineer who was detained at John F. Kennedy Airport in New York in 2002 and, based on information allegedly supplied by the rcmp, flown in shackles to Syria, where he too was tortured at the Far Falestin detention centre. Partly at issue in both matters is whether Canadian officials will be obliged to disclose vital information about how and why Almalki and Arar ended up being tortured in Syria, and to what purpose the information derived from these interrogations was put. The cases may shed light on the depth of Canada’s involvement in what US Vice President Dick Cheney calls the “dark places” democracies must go to win the war against global terrorism.

The Canadian government, however, may be under no obligation to disclose just how dark its methods have become. Canada’s omnibus anti-terrorism package, Bill C-36, the Anti-Terrorism Act, which passed three months after the September 11, 2001, attacks on Washington, DC, and New York, restricts the legal rights of anyone suspected of terrorist involvement. Arar, Almalki, and others may yet be awarded compensation, but given what they went through, these victories might be pyrrhic.

In the aftermath of 9/11, when some in the US media suggested that the Canadian border was a sieve and that some of the terrorists had used Canada as a gateway to the US, Ottawa denied the specific charges, but agreed that the world had changed and that Canada must clamp down. And so our already overstretched military did its part in Afghanistan, and on the home front Bill C-36 was enacted after minimal parliamentary debate.

The 186-page bill rolled back civil liberties related to due process and privacy rights for terrorism suspects. But because its definition of terrorism is so broad—according to Kent Roach, a law professor at the University of Toronto and the author of September 11: Consequences for Canada, it amounts to a threat to life, property, or personal security made, as the legislation puts it, “for a political, religious, or ideological purpose, objective or cause”—many critics believe it is open to abuse. For example, Bill C-36 allows federal ministers to declare a group or organization to be a terrorist front, as recently happened to Sri Lanka’s Tamil Tigers. It also allows the Minister of Public Safety and Emergency Preparedness, together with the Minister of Citizenship and Immigration, to issue national security certificates resulting in the confinement of non-citizens suspected of terrorism (sometimes, as it has turned out, for indefinite periods).

At the time Bill C-36 was passed, civil-liberties lawyers insisted that such measures allowed the state to operate on the assumption of guilt, and that freedom of association and the right to hold and express views at odds with normative discourse and conventional culture were under siege. Bill C-36, they said, was little different than the usa Patriot Act. However, like the Patriot Act, Bill C-36 had an out clause: it implicitly recognized that such infringements on civil liberties are untenable in a free and democratic society by mandating a review of the bill three years after it took effect. Four and half years later, that review is still incomplete, and there are indications that when the assessment of Bill C-36 is finally complete, it will recommend enhancing state powers and further broadening the definition of terrorism.

Roach believes that Bill C-36 was inspired by genuine fears. “If a terrorist attack had originated in Canada the ramifications would have been profound,” he says. The Canadian government was deeply worried about losing control of the border and other matters pertaining to sovereignty. Of specific concern was the possibility that if the rcmp and csis didn’t do something to weed out terrorists based in Canada, the Central Intelligence Agency (cia) would take matters into its own hands. To help ensure “intelligence sovereignty,” the government agreed to spend almost $8 billion on security, including extra monies for policing, the military, and immigration, airport, and border control. csis and the rcmp saw their budgets increased, allowing both to step up domestic surveillance. While protecting Canadian sovereignty was the primary objective, there was considerable international brokering. Ties between csis, the rcmp, and the cia were strengthened, and Ottawa entered into information-sharing agreements with the intelligence services of more than one hundred countries, including, analysts say, those operating in rogue states such as Syria, where the use of torture to extract information is routine.

Given the “you’re either with us or against us” rhetoric of the time, fears about losing sovereignty were hardly irrational. With Canada equipped to play only a relatively minor military role in Afghanistan, Jean Chrétien’s Liberal government felt it necessary to provide assurances of increased domestic security, and to express a willingness to participate in international eavesdropping.

Bill C-36 was debated and passed as the US military campaign in Afghanistan was in full flight—a heady and distracting time that saw no real public outcry. But the fact that there has been no sustained demand to repeal the Anti-Terrorism Act or, at the very least, to insist that the review be concluded, reminds Wesley Wark, professor of international affairs at the University of Toronto, of the Cold War, another conflict in which the public quietly accepted that the secret service and police had to engage in unsavoury practices. Alluding to Stanley Kubrick’s film Dr. Strangelove, the dark satire about learning to “love” the bomb, Wark argues that “the bomb is back among us” in the form of Bill C-36 and that the general public has accepted a surveillance society and a constellation of strategies to wage a covert war on international terror without knowing much about what these entail.

Roach points out that the latest chapters in the evolving war-against-terrorism narrative—including the fbi’s mistaken view that some of the 9/11 terrorists had visited Canada; last summer’s bombings in London, England; and the ongoing provocations and calls to arms by Osama bin Laden—could result in the strengthening of the Anti-Terrorism Act when the review is finally complete. “There is a dynamic at work,” he says. “With each act of terrorism, there are calls for more anti-terrorism law. I think we’ll see calls to ramp it up even more coming out of the review.”

There is considerably more to this dynamic than recent terrorist incidents. Two reports released in the spring— one by the US State Department, the other by the Bi-National Planning Group (bpg), an influential fifty-member panel sanctioned by both governments that seeks closer ties between the US and Canadian militaries and intelligence services—suggest that despite the efforts it has already made, Canada is under increased pressure to co-operate on all matters related to continental security. Released in April and titled Country Reports on Terrorism 2005, the State Department’s long analysis claims that Canadian immigration policies are soft and that terrorists “enjoy safe haven, raise funds, arrange logistical support, and plan terrorist attacks” in Canada. The report names names, specifically targeting, among others, “the Khadr terrorist family” and Maher Arar; dredges up old chestnuts such as Canada’s failure to participate militarily in Iraq; and issues a specific warning: “The principal threat to the close US-Canadian co-operative relationship remains the fallout from the Arar case…that prompted the Canadian Government to review and restrict information-sharing arrangements with the United States.”

The report reflects the prevailing view in the US administration: that Canada’s anti-terrorism laws lack teeth, and that under the previous Liberal government, the sharing of vital intelligence about terrorist suspects suffered. Seemingly anticipating the US State Department criticism and in preparation for the May 2006 renewal of the North American Aerospace Defence Command (norad) agreement, on March 13 the bpg—established in 2002 with a two-year mandate that was extended to May 2006—issued its Final Report on Canada and the United States (canus) Enhanced Military Cooperation. The bpg recommends, at a minimum, turning norad into an “all-domain warning” system with a focus on air, land, sea, and cyberspace surveillance. At a maximum, according to Michael Byers, Canada Research Chair in Global Politics and International Law at the University of British Columbia, the bpg advocates continental integration of defence and security. As Byers wrote in the Toronto Star on April 28, the bpg report “reveals that expanding norad to include maritime surveillance sharing is intended to create momentum toward complete military, security and foreign policy integration.”

With the Canadian intelligence services already operating with increased resources, it is hard to imagine what this brave new world will amount to. csis, the Communications Security Establishment (cse), the rcmp’s Criminal Intelligence Directorate, and J2, the military’s intelligence division, have had their budgets increased, while a new agency, Public Safety and Emergency Preparedness Canada (psepc), was created in large part to coordinate the government’s response to and prevention of terrorist attacks. On top of all this, the mandate of the Financial Transactions and Reports Analysis Centre has been expanded to include terrorist financing.

The scope of activity is intense at the cse, which analyzes information that the military has gathered at bases outside Ottawa (near Leitrim), in Newfoundland, on Ellesmere Island, and on Vancouver Island. The Canadian military gathers information using satellite-based eavesdropping technology to monitor and intercept phone and computer communications, including emails. cse linguists, political scientists, and other experts then sift through the millions of conversations and computer messages looking for evidence of an emerging terror plot.

The pressure to prevent another terrorist attack in North America is taking its toll on the intelligence-gathering community. “In 9/11 we had a case history of failed intelligence,” says former senior csis official David Harris. “So we have people going back to files with the possibility that something might have sneaked through. But that kind of thing significantly increases workload and destabilizes the organization.”

A premium has been placed on ensuring that the mistakes of the past are not repeated, that people like Ahmed Ressam—the so-called “millennium bomber,” who planned to blow up the Los Angeles International Airport before he was caught crossing the Washington State border in 1999—are detected earlier. The rcmp and csis are trying to increase their intelligence contacts among Arab and Muslim Canadians (Ressam had moved freely within Montreal’s Muslim community). The difficulty, says Harris, is that it can take years to get an intelligence officer up to speed, while the problem is growing by the day. “We have 2,700 csis people, but every year we bring in 230,000 human beings through immigration. You can’t just slip into these communities the way you might have into a local Communist party during the Cold War. And that is troubling.”

Just outside cse headquarters in Ottawa is an antenna dish that some security observers believe links the cse directly to National Security Agency (nsa) headquarters in Fort Meade, Maryland. And there are suspicions that the cse has been illegally spying on Americans on behalf of the cia. Anxieties about questionable linkages do not end there. James Risen, author of State of War: The Secret History of the cia and the Bush Administration, says that basic international protocols would require the Canadian government to authorize, for instance, cia ghost flights carrying prisoners through Canadian airspace to “black sites” or secret foreign prisons where they are to be tortured, to say nothing of cia flights actually landing on Canadian soil en route.

Former cia assistant general counsel A. John Radsan, who was with the Agency from 2002 to 2004, sees other examples of Canada’s support for Washington’s interests. He points to the (very quiet) Canadian position on Guantánamo Bay, where hundreds of “enemy combatants” from Afghanistan, Iraq, and elsewhere are being held under a form of military justice rejected by nearly every other Western country and by the statutes of international law. Wesley Wark, for his part, is troubled by the lack of substantive debate on Canada’s escalating role in Afghanistan. Says Wark: “We really haven’t come to grips with the changing national security environment. And the lack of debate on Afghanistan is symbolic of that. I think the government believes that it would be worse to have a debate than to not have one, because Ottawa is anxious to avoid deepening the public’s perception that the international war on terror is an American endeavour that has little connection to Canada.”

Indeed, could official Canadian reticence on Guantánamo Bay be related to the possibility that Taliban fighters captured by our troops in Afghanistan could end up there? And has political pressure to co-operate with the cia compelled csis and the rcmp to hand over information about Canadians to American authorities, as is alleged in the cases of Maher Arar and Abdullah Almalki?

Ottawa and Washington have been co-operating closely on intelligence since the end of World War II, when Britain and the US entered into an alliance to share information captured by electronic eavesdropping. Then in the 1950s, with the Communist threat growing, bases containing sophisticated intercept capabilities were set up in Canada, New Zealand, and Australia. This expanded alliance became known as the “Five Eyes.” Martin Rudner, director of the Canadian Centre of Intelligence and Security Studies at Carleton University, points out that even before 9/11 drew the group’s members closer together, it had developed a “uniquely intimate international intelligence partnership”—one so effective it could often read the enemy’s coded messages as quickly as the intended recipients.

By the late 1980s, bases in the five countries had been linked into a secretive web, known as Echelon, run by powerful dictionary computers that can sort through vast flows of electronic data, including emails, to target almost anyone in the world. The Echelon system is now largely focused on Islamic terrorism, and according to Rudner was likely used in the arrest of Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks. In early 2003, Rudner says, the nsa asked the Five Eyes to intercept communications between diplomats on the United Nations Security Council during the debate over whether to invade Iraq. Canada, which opposed Washington’s plan to remove Saddam Hussein, refused to go along, but Rudner argues this marked “one of the rare singularities” in which Canada stood apart from its intelligence allies.

The US has demonstrated that to protect itself from attacks, it will reach beyond its borders, even into countries considered allies. Believing that Norway was incapable of dealing with Islamic terrorists, the White House sent cia agents into that country. Several alleged terrorists were handed over without trial by Swedish officials in December 2001, and one suspect was picked up on the streets of Milan in February 2003. Faced with this kind of pressure, Ottawa agreed to join the Bi-National Planning Group in December 2002.

“There has been a shift of resources radically in the direction of the Islamic world and a continued attempt to exploit liaison relationships with Canada,” says Richard Betts, a member of the US National Commission on Terrorism and the director of the Saltzman Institute of War and Peace Studies at Columbia University. Liaisons with other countries have become the norm for the US. According to Rudner, since 9/11, more than one hundred countries have signed information-sharing agreements with Washington. In 2002, the European Union granted American authorities access to personal data on terrorist suspects and set up joint teams to investigate and interrogate prisoners. And in 2003, the US and Britain formed a working group on international terrorism to track chemical, biological, and nuclear weapons development.

Against this backdrop, few are predicting that the wide definition of terrorism in Bill C-36 will be rescinded. At present, terrorist suspects can be detained for seventy-two hours and compelled to provide evidence that might be self-incriminating, and a judge can require the signing of a peace or recognizance bond lasting a year. Most vulnerable to the arbitrary application of the law, critics maintain, are members of Canada’s visible-minority communities. And given that laws are generalized precepts—affecting one community today but, if they stay on the books, another tomorrow—the results of the Bill C-36 review will tell Canadians much about what kind of society they are destined to live in.

In some arenas, change is already apparent. In order to advance peace negotiations in Sri Lanka, Paul Martin’s government tried to maintain relations with the Tamil Tigers. But in April, Stephen Harper’s Cabinet—perhaps reacting to reports that the Tigers were blackmailing Canadian Tamils into giving them financial support—classified the Tigers as a terrorist group. Strictly speaking, anyone who gave money to the Tigers or attended one of their meetings could be subject to csis surveillance or criminal charges and could, if he or she is not a Canadian citizen, be deported. Both Almalki and Arar were accused of being associated with fundamentalist Muslim groups. And the question remains: is their legal status much different from the “enemy combatants” incarcerated at Guantánamo Bay? Whether csis and the rcmp agree with the basic US position that suspected terrorists fall outside the norm of international law is open to question. Certainly, there is no formal agreement in place to keep prisoners captured by Canadian soldiers in Afghanistan from being shipped to Guantánamo. Canada has agreed to turn its prisoners over to the Afghan government; the Netherlands, by contrast, did not send troops until it had received assurances that its captives would not be sent on to Cuba.

Like Almalki, Maher Arar had been abroad vacationing with family. He was returning home from Tunisia when he was detained in New York. According to University of British Columbia president Stephen Toope, who interviewed him for the Arar inquiry, Arar was held for eleven days (beginning on September 27, 2002) at the Metropolitan Correctional Center in Manhattan. On the last night, he was awakened at 3 a.m. and told that he was being transported to Syria. “He told me,” says Toope, “that he began to cry and immediately said that he would be tortured. He felt ‘destroyed.’”

Arar was taken to New Jersey, put on a Gulfstream V jet registered to a series of dummy companies, and flown—via Washington, DC; Portland, Maine; and Rome—to Amman, Jordan. The next day, he was blindfolded and driven to Syria, where he was dumped, exhausted and hungry, at the gates of the Far Falestin detention centre. “He ventured to me,” says Toope, “that he was so frightened at that moment that if he could have figured out some way to kill himself, he would have done it.” That night, Arar was questioned by George Salloum, then led to the tiny cell where he would spend the next year as anonymous “prisoner number two.”

On the matter of information sharing across borders and US-Canada co-operation, with massive volumes of communications being downloaded from satellites, James Bamford, an expert on the nsa and the author of A Pretext to War, an examination of intelligence gathering in the post-9/11 era, says the cse may have been spying on Americans on behalf of the nsa. “One of the suggestions was having Canada do it,” says Bamford. “With all the co-operation after 9/11 we could have US intelligence working in Canada and your people down here doing work.” Agents are posted to the US embassy in Ottawa, but it’s impossible to determine how closely csis is working with the cia or whether the Agency has expanded its operations in Canada. The Canadian Press recently reported that declassified memos suggest that as many as twenty planes with cia ties have made seventy-four flights to Canada since September 11, 2001, and that in the last year eight different planes reputedly owned by cia shell corporations have landed at Canadian airports in Newfoundland, Nunavut, Ontario, and Quebec.

Although spokespeople for psepc in Ottawa say there is no evidence suggesting that cia flights broke Canadian aviation law, Risen believes senior government officials would almost certainly have approved the flights. “It stretches credulity to think the cia is doing this without local government approval,” he says. Wark adds that the fact that Arar was taken to Syria suggests that the rules governing the sharing of intelligence between the two countries are being bent, if not broken. “Something is going on,” he says, “that we don’t yet fully understand.”

In an attempt to shed light on expanded cia operations, the European Union and Britain’s Law Lords (the equivalent of Canada’s Supreme Court) have been investigating different aspects of the Agency’s covert activities. An ongoing EU inquiry found that one thousand undeclared cia flights have entered European airspace since 2001, some of which landed on the continent to pick up terrorist suspects who had been captured in Europe, then transported them to countries that use torture to extract information.

In December, the Law Lords ruled unanimously that evidence obtained by torture cannot be used in court proceedings. (This ruling overturned a Court of Appeal decision concluding that so long as there was no complicity on the part of British agents, evidence gained through torture was admissible.) There is no such prohibition in Canada, and the Supreme Court has never been asked to rule here on the admissibility of evidence extracted from tortured prisoners such as Almalki and Arar.

The only Canadian court findings on this issue have been peripheral, notably in the case of Mohamed Harkat. Harkat was arrested in December 2002 on a security certificate issued under the Immigration and Refugee Act and has been detained ever since. csis believes that he was an associate of Abu Zubaida, one of bin Laden’s top lieutenants, who was captured in Pakistan. According to government lawyers, Zubaida “co-operated” with US authorities and gave them evidence against Harkat. On the matter of whether to uphold the certificate, federal-court justice Eleanor Dawson did not rule on the question of torture, but concluded that the evidence “does raise significant concern about the methods used to interrogate Abu Zubaida.” Still, she ruled that there was enough evidence from other sources to allow the government to continue holding Harkat.

There are no provisions for appeal to the Supreme Court for suspects such as Harkat, who have been charged under the Immigration and Refugee Act and held on security certificates. And until Canadian courts formally ban evidence derived from torture in cases involving national security, critics say the intelligence community will remain free to follow US practices, which reflect the belief that if an interrogation (brutal or otherwise) can save lives, it is justified. Perhaps this is why csis refuses to comment on the torture experienced by Almalki and Arar. It also won’t admit that it has information-sharing agreements with regimes that use torture. The following exchange at the Arar inquiry, between former csis director Ward Elcock and Arar’s lawyer, Lorne Waldman, is telling:

Waldman: Do we have information-sharing agreements with any of the countries [that engage in torture]?

Elcock: The problem is that I don’t know what countries necessarily engage in torture. There are certainly allegations that certain countries do, but I have no independent knowledge in most cases that any country has engaged in torture.

Waldman: Is your position then that “I am going to close my eyes to torture until I see the person putting the electric cattle prods on the individual? ”

Elcock: I didn’t say that was my position at all…I can suspect that Syria may engage in torture. I have no confirmation of that one way or the other.

Four terrorism suspects, including Harkat, who were imprisoned on national security certificates have recently been moved to a specially built facility at the Millhaven Institution, near Kingston, Ontario. This June, Harkat’s lawyer, Paul Copeland, will argue before the Supreme Court that his client has been denied fundamental justice under Section 7 of the Charter of Rights and Freedoms, which guarantees the right to “life, liberty and security of the person.” Denied access to vital information, Copeland says, “The argument we’re making is that since your lawyer can’t be involved or know anything about the case, it doesn’t meet the idea of fundamental justice.” Copeland is hoping, however, that ultimately the court will rule that Section 1 of the Charter, which can limit the rights of individuals charged in national-security matters and deny them “fundamental justice,” does not apply in the Harkat case. If so, the court could strike down the law and order a review.

Copeland’s appeal to the principles of a free and open society faces stark challenges. Canadian officials are closely watching changes in British law on intelligence and security matters. Early in 2005, Britain adopted “control orders,” which can be used to place people under house arrest or force them to wear an electronic tracking device for a year if there is a reasonable suspicion that they pose a terrorist threat. A judge can now compel a person to turn over the names of associates to security services, and, based partly on last summer’s subway bombings, intelligence agencies are working overtime to ferret out suspects. Furthermore, Britain has adopted laws enabling the state to prosecute anyone who makes a speech that defends or promotes terrorism. But the fact remains that these issues are more political than judicial, more guided by a legislative agenda that, in Britain, Canada, the US, and elsewhere, appears to be reflecting the views of the people.

“We don’t know what’s going to happen after the review [of Bill C-36],” says Kent Roach. But he senses an opportunity for the government to expand the bill in the public furor over the acquittal of the two men charged in the Air India bombing. In that case, the court concluded that reasonable doubt had been established—a decision that outraged the victims’ families and Canadians in general. Over twenty years later, the Air India bombing—the worst terrorist incident in Canadian history—remains an open wound, and Prime Minister Harper has established an inquiry into the case and its ramifications.

Led by retired Supreme Court Justice John Major, the inquiry has a broad mandate to investigate both the criminal-justice system and current legislation related to the treatment of terrorist suspects. Among the issues under consideration are whether changes to the Criminal Code are necessary in order to improve information-sharing capabilities among intelligence services, and the implementation of a trial system in which a panel of three judges would adjudicate cases involving terrorist suspects. While this panel would involve civilian judges, for some critics the idea immediately conjured up the military tribunals established in the United States. (The US Supreme Court is expected to rule on the legitimacy of such tribunals by July.)

Legal experts fear that under a panel system, the burden of proof would be lowered and the likelihood of abuse increased. “To the extent that we give up some fair-trial rights in this quest for security,” says Roach, “we run the real danger of detaining innocent people.” The Air India inquiry will no doubt raise many thorny issues and may increase the likelihood that the public will accept a broadening of the anti-terrorism measures contained in Bill C-36 when the review is finally complete.

A charitable interpretation holds that the review could not be completed until after the Bi-National Planning Group had tabled its analysis on continental security and the threat of international terrorism. If this is the case, and if Parliament agrees with the bpg’s recommendations and its views on increased co-operation with the US, Canadians are unlikely to see a rollback of anti-terrorism legislation. It is the very real danger is that innocent people will be swept up in a climate of fear that has propelled a prominent group of Canadians, including former solicitor general Warren Allmand and former ndp leader Ed Broadbent, to demand that Prime Minister Harper investigate what happened to Abdullah Almalki and two other Muslim Canadians who were tortured in Syria. Only then might the questions Almalki pondered in the darkness of his cell be answered.

Curious about how Canada has used security certificates in the war against global terrorism? Secret Trial 5 examines the human impact of Canada’s “war on terror,” and is playing at Hot Docs Canadian International Documentary Film Festival in Toronto from April 24–May 4, 2014.

 

Feb 222015
 

1.    Glenn Greenwald In Canada Days After “Terrorists Attacks” In Their Country:

https://www.youtube.com/watch?v=iq2Hi_SD8pQ

Glenn Greenwald is a journalist, author and lawyer.  In my view, he is an important educator.   Ed Snowden selected “the best”  to work with!

(More on Greenwald – Wikipedia)

 

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2.    Edward Snowden interview with Harvard Law School  Oct. 20, 2014.   A practical but sophisticated understanding helpful to the current debate (Feb 2015) in Canada about Bill C-51 (secret police).

https://www.youtube.com/watch?v=o_Sr96TFQQE