Canadian Court Strikes Down Terror Program

Nine Justices Unanimously Rule Detainment Of Foreign Terrorism Suspects Is Unconstitutional

(AP)  The Supreme Court of Canada on Friday struck down the government's right to detain foreign terrorism suspects indefinitely and without trial, saying the system violates the country's bill of rights.

The Justice Department had insisted that the "security certificate" program is a key tool in the fight against global terrorism and essential to national security.

But in a 9-0 judgment, the high court found the system violates the Charter of Rights and Freedom. It suspended the judgment from taking effect for a year, to give Parliament time to rewrite the part of the Immigration and Refugee Protection Act that deals with the certificates.

The certificates were challenged on constitutional grounds by three men from Morocco, Syria and Algeria — all alleged by the Canadian Security Intelligence Service to have ties to al Qaeda and other terrorist groups.

"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 in the ruling.

Opponents of the system say it violates the human rights of those who have no access to the evidence against them and who would face torture or death if deported to their native countries.

Barbara Jackman, an attorney who represents one of the men who has been detained for six years, said the Supreme Court decision in no way compromises national security.

"It only strengthens our democracy," she said. "It's an indication to other countries that to detain people and mistreat them, it's not satisfactory. There are ways to provide fair hearings in the face of national security concerns."

Federal law currently allows sensitive intelligence information to be heard behind closed doors by a federal judge, with only sketchy summaries given to defense attorneys.

If those foreigners choose to fight deportation, they can spend years in jail while the cases go through the courts. Even if they are freed, they risk being labeled as terrorists.

Though the security certificate program has been around since the 1970s, its use became more contentious after the Sept. 11, 2001 terrorist attacks on the United State, and more suspect since Ottawa used faulty intelligence in a case that led to a US$9 million apology to another former terrorism suspect, Maher Arar.

Five Arab Muslim men currently stand accused of terrorist links under the certificates; and all five deny any ties to terrorism. It was not immediately clear if the three men still in detention would be released or remain jailed until the law is rewritten.

The most notable is Adil Charkaoui, 33, a native of Morocco. The former University of Montreal student and pizzeria operator was arrested in Montreal in 2003 and was freed on bail under strict conditions in 2005. He is accused by the Canadian Security Intelligence Service of belonging to the Moroccan Islamic Combatant Group, which has ties to al Qaeda and a history of terrorist attacks in Spain.

CSIS also claims Ahmed Ressam, convicted in 2001 of plotting to blow up Lost Angeles International Airport, identified Charkaoui as someone he met at an al Qaeda training camp in Afghanistan — a contention denied by Charkaoui.

Native Algerian Mohamed Harkat, 37, was arrested in Ottawa in 2002 and freed on bail with strict conditions last year. He is accused of once belonging to the Islamic Salvation Front, at the time a legal organization in Algeria, and of being an al Qaeda sleeper agent.

Egyptian Mahmoud Jaballah, 44, is a former Toronto Islamic school principal. The father of six was arrested in 1999 in Toronto, freed after his first security certificate was quashed by the courts, but arrested again in 2001 on a new certificate.

He is still in jail, staging a hunger strike to protest his conditions.

Jaballah is accused by CSIS of membership in Egyptian Islamic Jihad, which has ties to al Qaeda. He acknowledges having known Canadian citizen Ahmed Saad Khadr — a lieutenant of bin Laden killed in Afghanistan — but says he was only a casual acquaintance. He also says CSIS is relying on erroneous information from Egyptian intelligence. A Canadian judge has ruled that, if he's deported, it can't be to Egypt because of the risk he'd be tortured there.

Mohammad Mahjoub, 46, is also a native of Egypt. Arrested in 2000 in Toronto, he was granted bail last week, but still awaiting release. He is accused by CSIS of belonging to Vanguard of Conquest, an Egyptian group with ties to al Qaeda. He admits he once worked on a farm in Sudan owned by Osama bin Laden, and that he had contact with his lieutenant, Ahmed Saad Khadr, but denies any involvement with terrorism.

Hassan Almrei, 32, is a native of Syria who was arrested in Toronto in 2001. He's still being detained in an Ontario facility and has been on a hunger strike to protest his conditions. He admits that he lied to CSIS about some details of his past, but says he did so because he feared being wrongly labeled a terrorist. He is accused by CSIS of attending al Qaeda training camps in Pakistan and Afghanistan and of supporting Islamic extremists in Tajikistan.

[lars008-2009]

Appeal for Redress

Sign this Appeal.

This site is an Appeal For Redress in support of our mission in Iraq.

An Appeal For Redress is an authorized means for active duty military to submit a grievance to Congress. It can be signed by Active Duty, Reserve, or National Guard military personnel.


It is authorized by DoD Directive 1325.6 and DoD Directive 7050.6.

The wording of the Appeal for Redress is:
As an American currently serving my nation in uniform, I respectfully urge my political leaders in Congress to fully support our mission in Iraq and halt any calls for retreat. I also respectfully urge my political leaders to actively oppose media efforts which embolden my enemy while demoralizing American support at home. The War in Iraq is a necessary and just effort to bring freedom to the Middle East and protect America from further attack.
If you are active duty, reservist or national guard, please Sign this Appeal.

Most service members fully support the war in Iraq and feel calls to retreat by Congress and attacks by our media on our conduct and mission act to motivate our enemy while demoralizing our support at home, directly increasing the threat we face and resulting in greater American casualties. This Appeal for Redress provides a way in which individual service members can appeal to Congress to fully support us and actively oppose media attacks on our mission and our morale.
http://www.appealforcourage.org/

[grazinggoat]

Not a very good deal if you ask me or anyone else that likes being free. If we surrender our freedoms to our government in exchange for being "safe", then we've already lost just as much as if we surrendered to the terrorists.
Posted by RandalDS

-Security gangsters: AL Capone, Sicilian Mafia, KGB-Russian Mafia, French 2nd office (2em bureau), Canadian CSIC, Israeli ShinBeth, US-CIA and Walking-Liar-Bush-Cheney.

Speaking-out is the one best way to get it back from those fake-protectors. They ursurpated our freedom and we need to get it back with politicians who will commit to give it back to the people, where it's best protected.

[bellal-2009]

" He admits that he lied to CSIS about some details of his past, but says he did so because he feared being wrongly labeled a terrorist."

right.

[lars008-2009]

visit iran if you dare....

Iranian-Canadian photojournalist Zahra Kazemi was savagely beaten, tortured and raped while in Iranian custody in 2003, according to Dr. Shahram A%u2019zam, an emergency-room doctor who examined her before she died.
http://www.iran-press-service.com/ips/articles-2005/april-2005/kazemi_report_1405.shtml
http://www.buzztracker.org/2005/04/01/Tehran.html

[lars008-2009]

when will the fascist nazi islamic muslims come for you????

"When they cam to arrest the Jews, I did not say any thing. I am not a Jew.
When they came to arrest the communists, I did not say anything. I am not a communist.
When they came to arrest the socialists, I did not say anything. I am not a socialist.
When they cam to arrest the homosexuals, gypsies, mentally retarded, etc. I did not say anything, I am none of the above.
When they came to arrest me, there was no one to speak for me."

[lars008-2009]

this is the real threat to humanity.....
http://stopislam.cjb.net/

Terrorism Awareness Project to wake up Americans and the World
http://www.terrorismawareness.org/
http://www.terrorismawareness.org/islamic-mein-kampf

[lars008-2009]

fascist nazi islam muslims celebrate year of the pig chinese new year

Thai Bombs Linked to Chinese New Year, Military Says
http://www.nytimes.com/2007/02/19/world/asia/19cnd-thai.html?ex=1329541200&en=ba4ce1c67a193404&ei=5088&partner=rssnyt&emc=rss

India, Pakistan seek peace after bombing
Indian officials say militants are responsible for a train bombing that left at least 66 people dead.
http://news.yahoo.com/s/ap/20070219/ap_on_re_as/india_train_fire

[randalds]

Bravo Canada! We could learn much from our brothers to the North! It's not worth surrendering your freedom for dubious "security". Bush constantly says the terrorists hate us for our freedom, but his plan against that seems to be to take our freedom away so they won't have a reason to hate us any longer. Not a very good deal if you ask me or anyone else that likes being free. If we surrender our freedoms to our government in exchange for being "safe", then we've already lost just as much as if we surrendered to the terrorists.

[dallison7]

When a nuke goes off in Ontario, I'm gonna laugh my butt off at your arrogant, condescending superiority.
Posted by bigwhtpony


WOW!! SO THIS IS HOW A BUSH SUPPORTER THINKS. WOW!!

[lochlan-2009]

Hey world, look!!! A country that uses their constitution.