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Security certificates violate virtually every precept of our laws and system of human rights. For the past ten years, Mr. Harkat has been under strict surveillance after being taken into custody on suspicion of being an al-Qaida sleeper agent.  (A charge he denies.)  While his case makes its way through the justice system, he is forced to wear a GPS ankle bracelet, cannot leave town without permission, is not allowed on the internet, and must check in with authorities on a regular basis.

The Supreme Court of Canada has agreed to hear a challenge of the security certificate system brought forward by Mr. Harkat.  Elizabeth spoke out in support of him at today’s press conference.

You can help put an end to security certificates!  Follow the link below, down and print the petition, and mail the petition back to Elizabeth, postage free.  She will present your petition to the House of Commons on your behalf.

http://elizabethmaymp.ca/get-involved/security-certificates/

The post Press Conference in Support of Mohamed Harkat appeared first on Elizabeth May.

“The finding that the rights of Mohamed Harkat were violated by the use as evidence of electronic recordings, which have since been destroyed, confirms that the Canadian justice system has survived efforts to legalize intrusions into the basic rights of the accused,” said May.

“I’m also pleased that the three-judge panel found that Harkat’s trial judge was wrong to create a special ‘class privilege’ for informers, giving them too much confidentiality and anonymity.”

With the use of security certificates, CSIS has the authority to detain a resident indefinitely and without charge on the basis of hidden information, the petition stated.  It pointed out that changes made after the Supreme Court of Canada ruled Security Certificate use to be unconstitutional in February 2007 were “cosmetic.”

A judge’s issuing of a Security Certificate can now be appealed through a Special Advocate (SA) Process, but, once the secret trial has begun, a defendant’s court-appointed SA – defence lawyers with security access – requires judicial approval to speak with the defendant.  This means Special Advocates are unable to properly represent their defendants.

Also, defendants are told the general outline of the government’s case, but not the details needed to allow them to challenge information, counter false allegations, or expose informants’ lies.

“Special Advocates play a limited role not only because they can’t communicate with the terror suspect, but they are prevented from independently investigating allegations or introducing new evidence into secret hearings,” May pointed out.   Harkat’s case is the first to test the changes with a challenge under the Canadian Charter of Rights and Freedoms.

The Green Party has called on Parliament to stand up for human rights by throwing out sections 83.28 and 83.3 of the Criminal Code, enacted in the aftermath of the September 11, 2001 attacks, which allow police to arrest terrorism suspects without warrants and force individuals to share information in closed courts.

The post Petition Calls for End to Security Certificates appeared first on Elizabeth May.

“When the Charter of Rights and Freedoms was established thirty year ago today, there was a different attitude in Ottawa.  Government was seen as a guardian of our rights and freedoms,” said Elizabeth May, MP Saanich-Gulf Islands and Leader of the Green Party.

“Under the Harper Conservatives, government is more often viewed as a threat to those rights and freedoms, and nothing could be more dangerous to Canadian society and values than an assault in the name of democracy.”

The Charter, established in 1982 to replace the Canadian Bill of Rights, formed the first part of the Constitution Act of the same year.  It was designed to unite Canadians around a guaranteed set of rights – including democratic, equality, legal, language, and mobility – and freedoms – conscience, religion, thought, belief, press, assembly and more.

Over the past six years, the Green Party notes that Charter rights in various aspects of our lives have been compromised.  One of the first things the Harper Conservatives did was to cancel the Court Challenges Program, which offered funding to women’s and minority groups to challenge court rulings they felt violated the Charter.

“Closing the Law Reform Commission and ending the Charter Challenges programme have chipped away at Canadians’ ability to fully exercise Charter rights,” said May.

Women’s Charter rights to equality have been systematically weakened. The Green Party of Canada has called on the Harper Conservatives to reverse major funding cuts on Status of Women Canada, and restore the word “equality” to its mandate. 

Harper eliminated pay equity as a basic right in the 2009 budget, calling it “a rip off.” He has ignored calls for comprehensive national strategies to provide daycare and combat violence against women.

An important Charter check is the enforcement of Section 11(b) (the right to be tried within a reasonable time).  In the last five years, jail and prison stays have been on the rise, due to too few judges and Crown attorneys, and insufficient legal aid.  The Harper Conservatives’ newly passed Bill C-10 will inevitably result in increased arrests and incarceration, compromising Charter rights further, especially among the vulnerable.

At the same time, Bill C-10’s call for mandatory minimum sentences likely contravenes Section 12 of the Charter (protection against cruel and unusual treatment or punishment) and could result in multiple court challenges.  

Police are rarely, if ever, disciplined when they breach the Charter.  This must end.  Such breaches should be considered very serious when intentional and slightly less serious when due to negligence or ignorance.

The Green Party has called attention to the Harper Conservatives use of Security Certificates, allowing detention without charge and no access to evidence for reasons of national security, as undemocratic and a violation of the Charter. “Secret trials” are a slippery slope.

An indication of the power of and need for the Charter is the fact that the Supreme Court is on record saying the death penalty would likely violate Section 12 (cruel and unusual punishment). Thanks to the Charter, the Harper Conservatives have insisted they will not re-introduce the death penalty. 

Canada’s immigration and refugee system was once seen as one of the best in the world, in part because it reflected Charter rights.  With the Harper Conservatives’ Bill C-31, these rights are being gravely compromised, especially with the bid to lock up refugees 16 and over for a year without review, if ordered by the Minister.  This aspect alone contravenes Charter Sections 7 (right to life, liberty, and security), 9 (right not to be arbitrarily detained or imprisoned), and 10 (right to retain counsel and more).

However, there is some good news.  The Supreme Court of Canada ruled unanimously against the Harper Conservatives’ attempt to close down Insite, Vancouver’s supervised injection site.  The Green Party has been a supporter of Insite as it has reduced health and public safety risks within a vulnerable population. Citing Section 7 of the Charter (the right to life, liberty, and security), the Court held that the Minister’s refusal to grant an exemption to Insite under the Controlled Drugs and Substances Act was arbitrary and grossly disproportionate in its effects. The Minister was ordered to grant an exemption.

“The Charter of Rights and Freedoms is and can continue to be an effective tool for maintaining a fair, just society and democracy in Canada,” May concluded, “but, under the present circumstances, we have to work very hard to protect it.”

The post Charter of Rights and Freedoms Being Threatened appeared first on Elizabeth May.

Green Party Leader Elizabeth May said the certificates represent an affront to all Canadians, not just Harkat.

“Today it’s him, tomorrow it could be you.”

View the full original article >>

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