In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, a security certificate is a legal mechanism by which the
Canadian government
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-C ...
can detain and
deport
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
permanent residents
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such ...
and all other non-
citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
(i.e.,
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national ...
s) living in Canada.
It is authorized within the parameters of the ''
Immigration and Refugee Protection Act
The ''Immigration and Refugee Protection Act'' (''IRPA'') is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the ''Immigration Act, 1 ...
'' (IRPA; which replaced the ''
Immigration Act, 1976
Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is ...
''), specifically sections 33 and 77 to 85. It was amended and took on its present structure in 1991, with an additional amendment in 2002. According to
Public Safety Canada
Public Safety Canada (PSC; french: Sécurité publique Canada, SPC; PSP), legally incorporated as the Department of Public Safety and Emergency Preparedness (PSEPC), is the department of the Government of Canada responsible for (most) matters of ...
, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years." Its use has been documented at least as far back as 1979, the year after they were implemented.
Since 1991, only 27 individuals have been subject to certificate proceedings.
The federal government may issue a certificate naming a foreign national or any other non-citizen suspected of violating
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
, of having membership within
organized crime
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
, or is perceived to be a threat to
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
. Subjects of a certificate are inadmissible to Canada and are subject to a removal order. Where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained.
['']Immigration and Refugee Protection Act
The ''Immigration and Refugee Protection Act'' (''IRPA'') is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the ''Immigration Act, 1 ...
'', s. 82 The entire process is subject to a limited form of review by the
Federal Court.
On 23 February 2007, the security certificate process was found to be in violation of sections 7, 9, and 10 of the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
and ruled unconstitutional by the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
in the landmark
Charkaoui case. The Supreme Court suspended the effect of its ruling for one year. On October 22 that year, the
Harper government
The premiership of Stephen Harper began on February 6, 2006, when the first Cabinet headed by Stephen Harper was sworn in by Governor General Michaelle Jean. Harper was invited to form the 28th Canadian Ministry and become Prime Minister of ...
introduced a bill to amend the security certificate process by introducing a "special advocate," lawyers who would be able to view the evidence against the accused. However, these lawyers would be selected by the
Justice minister
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
, would only have access to a "summary" of the evidence, and would not be allowed to share this information with the accused, for example in order to ask for clarifications or corrections. The amendments are modelled on a much-criticized process already in use in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. The bill amending Canada's security certificate regime, with support from the
Conservatives
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and the opposition
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
, was passed by Parliament and received
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
in February 2008, just days before the court-imposed deadline.
In its 2014 decision for
Mohamed Harkat
Mohamed Harkat ( ar, محمد حركات) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Cana ...
following ''
Charkaoui v Canada'', the Supreme Court found the framework to protect classified information in immigration proceedings to be consistent with the Charter''.
''
Issuing and reviewing a certificate
Certificates are governed by the ''
Immigration and Refugee Protection Act
The ''Immigration and Refugee Protection Act'' (''IRPA'') is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the ''Immigration Act, 1 ...
'' (IRPA), prepared by the
Canadian Security Intelligence Service
The Canadian Security Intelligence Service (CSIS, ; french: Service canadien du renseignement de sécurité, ''SCRS'') is Canada's primary national intelligence agency. It is responsible for collecting, analysing, reporting and disseminating int ...
(CSIS), and signed by the
Solicitor General of Canada The Solicitor General of Canada was a position in the Canadian ministry from 1892 to 2005. The position was based on the Solicitor General in the British system and was originally designated as an officer to assist the Minister of Justice. It was n ...
(ministerial post superseded by the
Minister of Public Safety
The minister of public safety (french: ministre de la sécurité publique) is the minister of the Crown in the Canadian Cabinet responsible for overseeing Public Safety Canada, the internal security department of the Government of Canada. The ...
) or the
Minister of Citizenship and Immigration
The minister of immigration, refugees and citizenship (french: Ministre de l'immigration, des réfugiés et de la citoyenneté) is a minister of the Crown in the Canadian Cabinet. The minister is responsible for Immigration, Refugees and Citi ...
when a non-citizen, either a
permanent resident
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such ...
,
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution. or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is suspected to be a threat to national security, or has violated
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
abroad, or is involved with
organized crime
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
. The signed certificate is then referred to a
Federal Court judge who reviews the evidence prepared by CSIS. Hearsay is admissible as evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge deems that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence or precise allegations to be revealed to the subject being detained or to his or her lawyer, though the judge may provide a summary of the evidence provided. Key terms, such as "national security", are not defined in the Act.
If the judge determines that the certificate is not "reasonable" (the order of proof used in security certificate cases), the certificate is quashed. If the judge decides that it is "reasonable", then the certificate becomes a removal order. ''IRPA'' states that the Federal Court's decision can be appealed "only if the judge certifies that a serious question of general importance is involved and states the question."
Detention and deportation
In the case of refugees and refugee applicants, the named person is automatically detained, without the opportunity to apply for release on bail until 120 days after the certificate is upheld by a Federal Court judge. In the case of Permanent Residents, where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained, with the opportunity to apply for release on bail every six months from the beginning of their detention.
An individual may be held for several years, without any
criminal charge
A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can ...
s being laid, before the review is completed.
In practice, the fact that there is often a risk of torture on the one hand, and a limited legal opportunity to challenge detention, on the other, has meant that named individuals are neither released from prison nor deported after the certificate is upheld.
Amnesty International wrote of several security certificate detainees on 2 February 2007, “Their detention has truly become tantamount to being indefinite as they have limited choices: either remain detained while continuing to pursue legal challenges to the unjust procedure that governs their cases, or agree to be returned to countries where Amnesty International believes they face a serious risk of torture.”
A recent trend has been towards releasing detainees under strict conditions or transferring them to house arrest.
People named under certificates are exempted from legal provisions designed to prevent deportations to risk of torture or other human rights abuse. The government's position, following its interpretation of the Supreme Court Suresh ruling, is that a named individual can be deported even if it is found that they risk torture or death.
Issued security certificates
When individuals are found to be inadmissible but are already in the country, their removal is not always immediate: those still remaining in Canada while under security certificates, they are kept in detention or released under court-ordered conditions. These individuals are monitored by the
Canada Border Services Agency
The Canada Border Services Agency (CBSA; french: Agence des services frontaliers du Canada, ''ASFC'') is a federal law enforcement agency that is responsible for border control (i.e. protection and surveillance), immigration enforcement, and cu ...
.
As of 2019, there were currently two individuals released under court-ordered conditions.
Between 2012 and 2020, there was one person detained by grounds for detention.
Outstanding security certificates
The security certificate of
Adil Charkaoui
Adil Charkaoui (in Arabic عادل الشرقاوي born 1974) is a Morocco-born Canadian citizen who was arrested by the Canadian government under a security certificate in May 2003.
Before issuing the certificate, evidence was submitted that ...
was quashed in October 2009 by the
Federal Court. That of
Hassan Almrei's was quashed in December 2009. Three others remain imprisoned under house arrest.
The conditions of the three people subject to outstanding certificates are as follows:
*
Mohammad Zeki Mahjoub
) (also ''Abu Ibrahim'', ''Mahmoud Shaker'') is an Egyptian national who was arrested in May 2000 on a security certificate for his alleged membership in the Vanguards of Conquest.
Although he has not been charged in Canada,Adelman, Howard21st Cen ...
, an
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
ian detained in Toronto since June 2000, was ordered released under
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
by a Federal Court judge on 15 February 2007. Because Mahjoub and his wife, Mona El Fouli, found that his conditions of house arrest "had humiliated them and deprived their two sons of any semblance of a normal life," he requested to be returned to custody at the Kingston Immigration Holding Centre in March 2009. He was on hunger strike in protest of his conditions there since 1 June 2009. Mahjoub was released from prison into house arrest in January 2010. He continues to fight for his freedom through legal action.
*
Mahmoud Jaballah
) is an Egyptian who has been detained in Canada without charge on a "security certificate" since August 2001 due to his association with members of al-Jihad.[Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...]
ian detained in Toronto since August 2001. In 2006, the case of ''Jaballah v Canada (Minister of Public Safety and Emergency Preparedness)'' challenged the constitutionality of detention under the certificate. The Federal Court upheld the detention and it is currently on appeal. On 6 March 2007, Jaballah was ordered to be released under
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
by a Federal Court judge, and remains under strict house arrest while he continues to fight his legal case.
*
Mohamed Harkat
Mohamed Harkat ( ar, محمد حركات) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Cana ...
, an
Algeria
)
, image_map = Algeria (centered orthographic projection).svg
, map_caption =
, image_map2 =
, capital = Algiers
, coordinates =
, largest_city = capital
, relig ...
n held in Toronto since December 2002 and released on bail in June 2006. He was placed under 24-hour supervision by his wife and must wear an electronic monitoring device. He was ordered deported in July 2006 but remained in Canada as court battles continued until the Supreme Court struck down the legislation in February 2007. A new security certificate was issued in February 2008 under new legislation. This certificate was upheld by Federal Court Justice Simon Noel on 9 December 2010, almost eight years to the day of his original arrest. Harkat is currently fighting the deportation order.
Past security certificates
In addition to the three people who currently have cases pending, 20 others have been charged under Security Certificate legislation since 1991.
*
Hassan Almrei, a
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
n refugee who was detained in a
Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
jail in October 2001. He was transferred to the Kingston
Immigration Holding Centre in April 2006. He has held several prolonged
hunger strike
A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
s, the longest lasting over 100 days. He was ordered released under
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
by a Federal Court judge on January 2, 2009.
The Federal Court quashed the certificate in December 2009. Almrei launched a suit of the Canadian government in February 2010.
*
Adil Charkaoui
Adil Charkaoui (in Arabic عادل الشرقاوي born 1974) is a Morocco-born Canadian citizen who was arrested by the Canadian government under a security certificate in May 2003.
Before issuing the certificate, evidence was submitted that ...
, a
Moroccan-born
Montreal
Montreal ( ; officially Montréal, ) is the List of the largest municipalities in Canada by population, second-most populous city in Canada and List of towns in Quebec, most populous city in the Provinces and territories of Canada, Canadian ...
er detained from May 2003 until February 2005, when he was freed on strict conditions of release. The
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
's decision for ''
Charkaoui v Canada (Minister of Citizenship and Immigration)
''Charkaoui v Canada (Minister of Citizenship and Immigration)'', 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for review ...
'' in 2007 became a turning point for Security Certificates, concluding that the use of secret evidence under security certificates violated section 7 of
the Charter. The Canadian government was given one year to amend the current law which resulted in the introduction of special advocates. Charkaoui's Security Certificate was lifted in September 2009 after the government withdrew evidence rather than disclose it on Court orders. Charkaoui is suing the Canadian government in a bid to hold government officials accountable and to clear his name.
*
Manickavasagam Suresh, a
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
n, first arrested in 1995 and held til 1998. He was ordered deported, but ongoing court processes kept him in Canada under conditions. The certificate against him was annulled when the Supreme Court struck down the security certificate legislation in February 2007, and the government did not issue a new certificate against him when new legislation went into effect in February 2008.
*
Ernst Zündel
Ernst Christof Friedrich Zündel (; 24 April 1939 – 5 August 2017) was a German neo-Nazi publisher and pamphleteer of Holocaust denial literature. , a German permanent resident of Canada since 1958 was arrested in May 2003 and deported to Germany in March 2005.
*
Mourad Ikhlef Mourad smith arrived Canada in 1993, and obtained refugee status in 1993. Based on allegations of past involvement with the Armed Islamic Group (GIA) of his native Algeria, as well as a connection to Ahmed Ressam a security certificate was issued ...
, an
Algerian
Algerian may refer to:
* Something of, or related to Algeria
* Algerian people
This article is about the demographic features of the population of Algeria, including population density, ethnicity, education level, health of the populace, econo ...
living in Montreal who gained refugee status in 1994, was arrested in December 2001 and deported in February 2003
when he was handed over directly to Algerian intelligence services He was tortured and imprisoned based on information obtained during his torture.
*
Iqbal Singh, an Indian refugee living in Toronto who gained status in 1993, was arrested in April 1998 and deported to
Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wate ...
in January 2000.
*
Hani Abdul Rahim al Sayegh was arrested in March 1997 and deported in June 1997 to the U.S. Subsequently he was deported in 1999 to Saudi Arabia to face criminal charges.
*
Aynur Saygili, a non-status refugee from Turkey, living in Montreal, was arrested in November 1996, and deported to France in August 1997.
*
Djafar Seyfi, an
Iranian
Iranian may refer to:
* Iran, a sovereign state
* Iranian peoples, the speakers of the Iranian languages. The term Iranic peoples is also used for this term to distinguish the pan ethnic term from Iranian, used for the people of Iran
* Iranian lan ...
refugee who gained status in 1995, was arrested in September 1996 and deported later the same year.
*Effat Nejati, also known as Shahla Moharrami, was Iranian non-status refugee living in Toronto. She was arrested in August 1996 and deported to Britain in November of that year.
*
Yelena Borisovna Olshanskaya (alias Laurie Catherine Mary Lambert and her husband
Dmitriy Vladimirovich Olshanskiy (alias Ian Mackenzie Lambert) were Russian nationals, arrested in May 1996 and deported in June of that year.
*
Satkuneswaran Kandiah, a Sri Lankan national who resided in Montreal was arrested October 1995 and disappeared before his court hearing.
*
Wahid Khalil Baroud, a
Palestinian
Palestinians ( ar, الفلسطينيون, ; he, פָלַסְטִינִים, ) or Palestinian people ( ar, الشعب الفلسطيني, label=none, ), also referred to as Palestinian Arabs ( ar, الفلسطينيين العرب, label=non ...
who resided in Toronto, was arrested in June 1994, and deported in 1995 to Sudan.
*
Hardeep Singh, also known as Maan Singh Sidhu, was an Indian national arrested in June 1994 and deported January 1995.
*
Mohammed al-Husseini, a Lebanese status refugee who resided in Montreal was arrested in 1993, and deported in 1994.
*
Issam Al Yamani, a Palestinian permanent resident, was investigated after applying for citizenship in 1988. Between the years of 1993 and 2000 Yamani was named in two separate security certificate investigations, both of which were quashed by judges. Deportation proceedings were subsequently re-initiated under normal immigration procedures and the matter is still before the courts
*
Mansour Ahani, an Iranian was arrested in June 1993 and deported in January 2002. Ahani was held for the nine years in which he unsuccessfully fought against his charges.
*
Saleh Mousbah Zakout, a Palestinian, was arrested upon his arrival in Toronto in 1993 and deported the following year.
*
Robab Farahi-Mahdavieh, an Iranian, was arrested in 1992 and deported to Britain in March 1993.
*
Parvin Khassebaf, an Iranian, arrested in August 1993 and deported to France in September of that year.
*
Mahmoud Abu Shandi, a Palestinian living in Montreal, was arrested in October 1991 and deported in February 1992, first to Algeria, then Libya.
*
Joseph and Sarah Smith, Iraqi citizens, arrested in 1991 at a Toronto airport as they disembarked from their plane. They were subsequently released due to the removal of their certificate, and able to claim refugee status.
*
Paul William Hampel, alleged to be a Russian spy using a pseudonym, was arrested on November 14, 2006, at a Montreal Airport after a security certificate, naming the individual in question, was signed by Public Safety Minister
Stockwell Day
Stockwell Burt Day Jr. (born August 16, 1950) is a Canadian former politician who led the Canadian Alliance from 2000 to 2001, and a member of the Conservative Party of Canada.
A provincial cabinet minister from Alberta, Day served as minister ...
.
Criticisms
The families of the detainees, supported by thousands of individuals across Canada, have campaigned against the security certificate, arguing that they violate the guarantees of equality and fundamental justice enshrined in the
Canadian Charter of Rights and Freedom, creating a two-tiered justice system and allowing individuals to be detained indefinitely, on the basis of secret suspicions, under threat of deportation to torture.
Criticism related to violations of
civil liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
and
due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
include the fact that allegations are vague and general, key terms are not defined, precise allegations do not exist or are not disclosed, the low order of proof effectively reverses the burden of proof so that the named person has to prove his innocence, the lack of disclosure of information in the file, the fact that information provided to the court can include hearsay and is known to have included information produced under torture, the fact that evidence has been tainted by destruction of evidence by CSIS, and the lack of appeal.
Alexandre Trudeau
Alexandre Emmanuel "Sacha" Trudeau (born December 25, 1973) is a Canadian filmmaker, journalist and author of ''Barbarian Lost''. He is the second son of Canada's former prime minister, Pierre Trudeau, and Margaret Trudeau, and the younger broth ...
, son of former Prime Minister
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada
The prime mini ...
, has been vocal in his criticisms of the certificates and has appeared in court to testify in favour of
Hassan Almrei's and
Adil Charkaoui
Adil Charkaoui (in Arabic عادل الشرقاوي born 1974) is a Morocco-born Canadian citizen who was arrested by the Canadian government under a security certificate in May 2003.
Before issuing the certificate, evidence was submitted that ...
's release, offering to act as a
surety
In finance, a surety , surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay ...
on their behalf. Other well-known figures who have joined the campaign against security certificates include
Warren Allmand, former
Solicitor General of Canada The Solicitor General of Canada was a position in the Canadian ministry from 1892 to 2005. The position was based on the Solicitor General in the British system and was originally designated as an officer to assist the Minister of Justice. It was n ...
;
Flora MacDonald
Flora MacDonald ( Gaelic: ''Fionnghal nic Dhòmhnaill'', 1722 - 5 March 1790) was a member of Clan Macdonald of Sleat, best known for helping Charles Edward Stuart evade government troops after the Battle of Culloden in April 1746. Her famil ...
, former
Foreign Affairs Minister of Canada;
Denys Arcand
Georges-Henri Denys Arcand (; born June 25, 1941) is a French Canadian film director, screenwriter and producer. His film ''The Barbarian Invasions'' won the Academy Award for Best Foreign Film in 2004. His films have also been nominated three f ...
;
Bruce Cockburn
Bruce Douglas Cockburn ( ; born May 27, 1945) is a Canadian singer-songwriter and guitarist. His song styles range from folk to jazz-influenced rock and his lyrics cover a broad range of topics including human rights, environmental issues, po ...
;
Naomi Klein
Naomi A. Klein (born May 8, 1970) is a Canadian author, social activist, and filmmaker known for her political analyses, support of ecofeminism, organized labour, left-wing politics and criticism of corporate globalization, fascism, ecofascism ...
; and
Maude Barlow
Maude Victoria Barlow (born May 24, 1947) is a Canadian author and activist. She is a founding member of the Council of Canadians, a citizens' advocacy organization with members and chapters across Canada. She is also the co-founder of the Blue ...
.
The
Canadian Bar Association
The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in Canadian French, French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada.
History
The Association's first Annu ...
,
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
Canada,
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, and the
Canadian Council for Refugees are among the organisations who have taken a position against security certificates.
Members of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
from all major political parties in Canada have criticised the measure and called for its abolition. Several have offered to become a surety to some of the detainees. The
New Democratic Party
The New Democratic Party (NDP; french: Nouveau Parti démocratique, NPD) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic:
*
*
*
*
*
*
*
*
*
*
*
* t ...
has called for the abolition of the measure.
Three United Nations committees—the
Committee Against Torture
The Committee Against Torture (CAT) is a treaty body of human rights experts that monitors implementation of the United Nations Convention against Torture by state parties. The Committee is one of eight UN-linked human rights treaty bodies. Al ...
, the
Working Group on Arbitrary Detention The Working Group on Arbitrary Detention (WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, wi ...
, and the UN
Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
—have condemned the security certificate process and called on Canada to reform its legislation. They called on Canada to use criminal law instead of immigration law to deal with its security concerns.
In the wake of the Charkaoui decision, a new campaign is developing to call on the government to refrain from introducing new legislation. A pan-Canadian "day of action" against the introduction of new security certificate legislation was organized on 20 October 2007. It is supported by over 60 organizations and networks, including national unions, migrant justice groups, student organizations, feminist groups, human rights organizations, development associations, community groups, political parties and faith-based organizations.
At the end of 2018-19, there were three active
civil case
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s brought against the Canadian government by individuals formerly under security certificates, filing for a range between $16 million and $37.4 million among them.
Constitutionality
In 2002, the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
upheld the security certificate process as constitutional in ''
Suresh v Canada''. The Court ruled that the operative provisions of the security certificate process do not violate
Section 7 of the Charter, but that the ''
Immigration Act
Immigration Act (with its variations) is a stock short title used for legislation in many countries relating to immigration.
The Bill for an Act with this short title will have been known as a Immigration Bill during its passage through Parliament ...
'' generally does not allow for the deportation of a person to a country where they will likely be tortured. The Court did rule that deportation to countries suspected of torture may be justified in "exceptional circumstances."
['' Suresh v Canada (Minister of Citizenship and Immigration)'', ]002 002, 0O2, O02, OO2, or 002 may refer to:
Fiction
*002, fictional British 00 Agent
*''002 Operazione Luna'',
*1965 Italian film
*Zero Two, a ''Darling in the Franxx'' character
Airports
*0O2, Baker Airport
*O02, Nervino Airport
Astronomy
*1996 ...
1 S.C.R. 3 at para. 78 The court declined to define those circumstances, instead stating that "The ambit of an exceptional discretion to deport to torture, if any, must await future cases."
On 13–14 June 2006, the Supreme Court heard three different appeals from
Adil Charkaoui
Adil Charkaoui (in Arabic عادل الشرقاوي born 1974) is a Morocco-born Canadian citizen who was arrested by the Canadian government under a security certificate in May 2003.
Before issuing the certificate, evidence was submitted that ...
,
Hassan Almrei, and
Mohamed Harkat
Mohamed Harkat ( ar, محمد حركات) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Cana ...
regarding the constitutionality of the security certificate process. Most of the appellants have argued that the refusal to disclose the evidentiary basis of the certificate violates Section 7 of the Charter. Counsel for Charkaoui also argued that the security certificate process violates judicial independence, the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
, and
sections 9,
10,
12, and
15 of the Charter of Rights and Freedoms.
On 23 February 2007, the Supreme Court released its decision of ''
Charkaoui v. Canada (Minister of Citizenship and Immigration)''. It voted unanimously that the process of certificate review which prohibited the accused from seeing evidence against them violated the Charter. Legislative amendments have been made by the Government of Canada to bring Canada's security certificate regime in compliance with the Court's ruling and were passed in February 2008.
The case of
Mahmoud Jaballah
) is an Egyptian who has been detained in Canada without charge on a "security certificate" since August 2001 due to his association with members of al-Jihad.[Mohamed Harkat
Mohamed Harkat ( ar, محمد حركات) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Cana ...]
following ''
Charkaoui v Canada'', the Supreme Court found the framework to protect classified information in immigration proceedings to be consistent with the Charter''.
''
See also
*
Security risk certificate – a similar mechanism in New Zealand
References
External links
Certificates Under The Immigration and Refugee Protection Act (IRPA)Information on security certificates from the
Canadian Security Intelligence Service
The Canadian Security Intelligence Service (CSIS, ; french: Service canadien du renseignement de sécurité, ''SCRS'') is Canada's primary national intelligence agency. It is responsible for collecting, analysing, reporting and disseminating int ...
(CSIS)
Signs of sympathy for terror suspects - Celebrities take up cases of five held in indefinite detentionby
Thomas Walkom
Thomas Walkom is national affairs columnist for the ''Toronto Star''.
Prior to his current position, he was the Star's Queen's Park columnist covering Ontario politics for eight years, including the governments of Premiers Bob Rae and Mike Harri ...
, ''
Toronto Star
The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part ...
'', July 2, 2005.
Campaign to Stop Secret Trials in Canada, website supporting the "Secret Trial Five".
Website about Mohamed Harkat, detained in Ottawa under a security certificate since December 10, 2002.
Justice for Adil Charkaoui Website about Adil Charkaoui, detained under a security certificate from May 2003 to February 2005 and currently living under severe bail conditions.
People's Commission on Immigration Security Measures Website of the Montreal-based People's Commission on Immigration Security Measures, Quebec's first popular commission of inquiry.
CTV News - UN critical of Canada's anti-terrorism measures
{{DEFAULTSORT:Security Certificate
Publication bans in Canadian case law
Terrorism laws in Canada
Deportation from Canada
National security in Canada
Canadian immigration law