¡°You Were, you Are, or you Will Be a danger to national security¡±¡ not eh.
January 16, 2010 12:44 PM Subscribe
Adil Charkaoui (born 1974) is a Morocco-born permanent resident of Canada who was arrested by the Canadian government under a security certificate in May 2003.
When he admitted practicing Karate, two government ministers announced it was their "opinion" that he would also "have been trained in such areas as: operating rocket-propelled grenade-launchers, sabotage, urban combat and assassination", and sought to have him detained. The ministers also noted in their accusation that "[i]t was noteworthy that one of those who participated in the hijacking of [the September 11th attacks] had taken martial arts training in preparation..." and suggested that Charkaoui represented a sleeper agent.
Charkaoui was arrested under a security certificate in May 2003, which was co-signed by Solicitor General Wayne Easter, and Immigration Minister Denis Coderre. He was detained without charge or trial in Rivière des prairies Detention Centre. He was released from prison on $50,000 bail on 18 February 2005. His bail conditions include a curfew, electronic monitoring, designated chaperones for leaving his home, restriction to the island of Montreal, 24-hour police access to his home without warrant, and a prohibition on access to the internet, on the use of cell phones and on the use of any telephone except the one in his home.
- In October 2009, Montrealer Adil Charkaoui was declared a free man¡
The security certificate process (sections 33 and 77 to 85 of IRPA) was found to be in violation of sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms and ruled unconstitutional by the Supreme Court of Canada in the landmark Charkaoui case on 23 February 2007. The Supreme Court suspended the effect of its ruling for one year. On 22 October 2007, the Conservative government 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, 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 modeled on a much-criticized process already in use in the United Kingdom. The bill amending Canada's security certificate regime, with support from the Conservatives and the opposition Liberal Party, was passed by Parliament and received Royal Assent in February 2008, just days before the court-imposed deadline.
The Montreal Gazette followed Mr. Charkaoui around for a day during the later stages of his experiences with the Canadian justice system, (while the bail restrictions were still in effect).
posted by infinite intimation (44 comments total)
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(extra-ordinary punishment for someone never charged, accused, or tried for ANY crime or Criminal act? Actus reus and Mens Rea, Rule of Law¡ we keep saying those words¡ but do we really understand what they mean.)
(More more inside)
The organization which has supported and helped fight on behalf of Canadians who were facing these secret accusations and innuendo.
Some of the significant court battles for Mr. Charkaoui.
Some Audio & Video resources with information on Security Certificates, Mr. Charkaoui and others who faced similar accusations.
This blog follows Canadians imprisoned in cases relating to and based on the modern evolution of the Security Certificate, ¡°Terrorism¡± policy related questions (and their suggested solutions).
Asked by a reporter "what more he wanted" Adil said "Justice!". He went on to explain that he wanted, above all, to clear his name.
The other Arrars¡
Mr. Charkaoui is not the first or only to bring government innuendo and secret, falsified, or Islamophobic accusations to light¡
(Previously related),
¡nor the last; as the blogonet might say; open trials, open accusations, and open processes for the application of law and justice¡ or it didn¡¯t happen.
What is the ontogeny of these experiences? Once the USA got one, within months, everybody wanted one of their own set of laws that made exceptional claims of the authority to contravene the Supreme Law of the Land¡ Bill C-36 was Canada¡¯s version.
posted by infinite intimation at 12:44 PM on January 16, 2010 [1 favorite]