Four Years After September 11, 2001
Let Canada Lead the World Toward Security with Rights
Justice is the Ultimate Guarantor of Security
A Position Paper by The Canadian Islamic Congress
Released in Toronto on September 9, 2005
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Let it be known that we, Canada's Muslims, regard this country as our home. Canadians are our families, our extended families, neighbours, friends, and fellow citizens. We are proud to be Canadian and will give our utmost efforts to ensure that we and all Canadians can live in peace with justice, both at home and abroad.
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Our faith is Islam and we are proud Muslims. We are proud of the Islamic civilization and its historic contributions to Western medicine, sciences, spirituality, the humanities, music, art, mathematics, physics, chemistry, social sciences and philosophy. We invite all Canadians to know us better, to learn about our religion and culture, our history and spirituality.
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We, Canada's Muslims, have pledged to work toward the alleviation of suffering among the poor, the homeless, the young, the sick, the elderly, and all who are vulnerable in our society. We pledge to advocate for the protection of Canadian liberties and freedoms, bringing together reason and passion in the service of a greater good for all.
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Four years after the terrible events of September 11, 2001 we are speaking today about “Security with Rights.” And on this occasion, we are speaking not as members of this or that creed, but as peace-loving Canadians who care deeply about the security of our country as well as the civil rights of all Canadians.
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Four years after September 11, 2001 we have not witnessed a mass deportation of Canadian Muslims, as happened so unjustly to the Acadians in 1755; nor has our government offered bounties for the capture of Muslim men, women and children, as happened to the Mi’kmaqs. And Canadian Muslims have not been subjected to mass detentions, like those inflicted upon Canadians of German, Italian or Japanese heritage. But to measure the performance of our current government and lawmakers by these standards sets the bar terribly low and would be unfair to today's Canada, to its values, its potential and its future.
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In post 9/11 Canada, it is considered acceptable to hold individuals indefinitely without any form of trial whatsoever.
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Anti-terrorism legislation -- passed on December 18, 2001, less than 100 days after 9/11 -- gave our police the power to arrest Canadian citizens and legitimate landed immigrants without a warrant. They can be held for up to 72 hours (more, with a renewal) if police believe they pose a threat to national security.
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Expanded domestic surveillance powers by police, RCMP and CSIS have tangibly reduced the private rights of Canadians after 9/11. Our government believes law-abiding citizens should have nothing to hide and welcomes this enlargement of surveillance powers. As a result, investigators are now able to listen in on phone calls, hack into e-mail and internet usage and obtain private bank records without having to demonstrate probable cause, or obtain a judicial warrant. In fact, Canada's new anti-terrorism law permits surveillance levels even beyond those allowed for tracking a serial killer.
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This new anti-terrorism legislation also created new offences, such as the crime of providing aid to terrorist or suspected terrorist groups which may include, for example, legal services. Such measures tend to create a situation where an accused can be denied due process because defense lawyers may not want to take the risk of defending him or her. Moreover, such measures could prohibit Canadians from donating to legitimate Canadian charitable organizations, thus depriving them of their right to fulfill their civic and religious responsibilities.
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In a criminal investigation, such intrusions into the lives of individuals are not permitted unless investigators have probable cause to believe that evidence of criminal activity will be revealed. These restrictions are designed to prevent investigators from abusing their search powers. A neutral judge is better able to define the time, place, intensity and duration of surveillance; historically, abuses occur most often when investigators are allowed to proceed without judicial approval.
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But today in Canada, defense lawyers cannot review surveillance documents on their own clients. Thus in terrorism cases, wrongful convictions are more likely to happen than in any other criminal cases; Canada's anti-terrorism legislation makes such miscarriages of justice even more likely. A series of 1970s bombings in the UK led to cases such as the Guildford Four, the Birmingham Six, and the Maguire Seven -- all wrongful convictions.
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With our current government empowered to decide unilaterally who can be detained and for how long, the courts must be involved early to determine the nature and duration of the detention. Canadians cannot afford to repeat the historic injustices inflicted by earlier governments against identifiable groups in this country, just because they did not fit into the political agendas of the day.
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Our government’s policy on the secrecy of evidence must be accepted by the courts with great care and responsibility to ensure that it does not become an excuse for incompetence or abuse of power. Judges are more than capable of determining what affects national security in a closed proceeding on a case-by-case basis, just as they do when national security matters arise in criminal trials.
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We believe that any detention without a hearing is unconstitutional, regardless of the context (civil, criminal, immigration, or military).
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The government's secret no-fly list, compiled with RCMP and CSIS help, but without court approval, is seriously undermining the Canadian Charter of Rights and Freedoms. The Minister of Transportation is given the arbitrary power to put a name on the no-fly list. On March 29, 2005 NDP MP Pat Martin was denied a boarding pass for a flight from Winnipeg to Washington DC by Air Canada agents. The problem occurred again in mid-July when Martin was traveling on a domestic flight to Vancouver.
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We fear that potential abuse of their newly expanded powers by CSIS, the RCMP and municipal police, could easily be directed toward political dissidents, civil rights groups, anti-war groups, student groups, social justice groups, etc. In 1975, the FBI amassed more than 500,000 intelligence files on both public figures and private citizens. Is Canada far behind?
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We believe that the U.S.-led “war on terror” does not justify making war on citizens' rights and freedoms; there is nothing unpatriotic about saying NO to such an ill-conceived war. It is fundamental for a democracy to debate the consequences of more secrecy, less accountability, racial profiling and reduced media access to information.
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We believe that Canada is well positioned in the world today to develop progressive policies and legislation toward a true Security with Rights society, based on the shared accountability of RCMP, CSIS and local police forces. Such policies and legislation must insist on judicial oversight at every level to guarantee the least possible abuse of power and minimize intrusions into the lives of all law-abiding citizens.
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We believe that the use of expert computer systems and other high tech equipment can separate significant intelligence data from noise and that such methods can be more effective in achieving national security than the use of racial profiling or excessively wide powers by investigators; in the long run, excessive investigation without judicial oversight is ineffective, costly and abusive.
CONTACTS:
Dr. Mohamed Elmasry
(519) 746-4107 (O)
(519) 577-2267 (Cell)
e-mail:
np@canadianislamiccongress.com
Mrs. Wahida Valiante
(905) 771-1023
e-mail:
nvp@canadianislamiccongress.com
Mr. Faisal Joseph
(519) 319-6689 (cell)
FOR FRENCH MEDIA:
Dr. Mohamed Nekili
(514) 745-1255
e-mail:
mohamed.nekili@videotron.ca
