Sudbury Star Article on Action Against Secret Trials in Canada

'It's such a fundamental violation of rights'; Protest calls attention to secret trials under Canada's anti-terror law
by Sudbury Star staff, October 22, 2007.

If Canadians knew the details of how their government is using unconstitutional legislation to treat immigrants, they wouldn't stand for it, activists protested during the weekend in Sudbury and cities across the country.

"It's an issue that needs more attention because so many people are not aware of the secret trials process, the way the government can arrest and detain people without due process. That's something that should be of concern across Canada," said Scott Neigh, a member of Sudbury Against War and Occupation.

About a dozen members of the local peace group demonstrated Saturday afternoon outside the Sudbury Courthouse, in tandem with similar rallies held across Canada.

"It's a problem that needs more sustained attention," Neigh said of the government's use of the Anti-Terrorism Act and its so-called security certificates to detain immigrants suspected of terrorism-related activity.

"There is such a lack of due process ... it's such a fundamental violation of rights," he said.

The Supreme Court of Canada ruled unanimously, in February of this year, that the use of security certificates to detain suspects and keep sensitive information from the public violates the Charter of Rights. However, the court suspended the full legal effect of its ruling for one year, giving the government time to rewrite the law. The security certificates allow government officials to use secret court hearings, indefinite prison terms and summary deportations when dealing with non-citizens accused of having terrorist ties.

"At no point does the accused person, or their lawyers, get to see details of the accusations against them," said Neigh. "At no point do they get to respond to specific evidence. It's heard in secret by a judge. The standard for what's admissible as evidence is incredibly low - things that would be thrown out of a criminal court proceeding are admissible."

There's also concern that some of the information that CSIS (Canadian Security and Intelligence Service) submits may have come from foreign intelligence and been derived by torture or other questionable practices. And the standard for a judge's decision is also very low."

The government has been using such unconstitutional practices for several years already and it may take many more before the majority of Canadians realize fully the extent of the injustice that has been perpetrated, said activists Gary Kinsman, also a member of Sudbury Against War and Occupation.

"I think we're going to look back on this with a lot of shame, as a period of major violation of people's civil and human rights," Kinsman said during Saturday's rally. He drew parallels between the government's current methods to the approach in past decades to other "national security" risks such suspected communists, gay activists and black communities.

"One of the reasons why secrecy is maintained, why there are secret trials and the allegations against these individuals are made public is that if people actually knew what was going on, they would not tolerate it. That's crucial to why and how national security operates and it's only later on that these injustices are uncovered and when people learn exactly what happened, they're outraged."

The demonstrators in Sudbury and at least 11 other cities called Saturday for the release of Mohamed Harkat and four others.

Harkat, who came to Canada as a refugee from Algeria, has been detained on a security certificate since 2002. He remains under house arrest and must wear a tracking device.

Officials denied Harkat's request to attend a rally in Ottawa on Saturday, but he gave supporters a message via audiotape.

"I feel like an animal on a leash. I don't feel like a human being," he said.

Canadian intelligence officials allege Harkat is an Islamic extremist with connections to Osama bin Laden's terrorist network.

Harkat has never been formally charged with any crime, there has never been a trial, and he has yet to see the purported evidence against him.

He maintains his innocence and has said that he could be tortured if sent back to Algeria.