PRESS RELEASE
Supreme Court to hear constitutional challenge to Security Certificate
*** Press Conference, Thursday, 25 August, 2pm at 2149 McKay ***
Coalition for Justice for Adil Charkaoui Tel. 514 859-9023 justiceforadil@riseup.net // http://www.adilinfo.org
25 August 2005, Montreal - Canada's top court announced today that they will consider the constitutionality of the Immigration and Refugee Protection Act's security certificate process, under which non-citizens can be detained indefinitely without charge under secret evidence. The announcement comes after a five-month wait. Similar questions are pitting the Blair government against a British judiciary determined to protect fundamental principles of liberal democracy.
"This case will help to determine Canada's future direction," said immigration lawyer Johanne Doyon. "Are we willing to put greater discretionary power in the hands of government officials or will we uphold the fundamental rights of individuals, including non-citizens?" Together with constitutional law expert Julius Grey, Doyon is bringing the appeal on behalf of Montrealer Adil Charkaoui, who was arrested under a security certificate on 21 May 2003.
"I am claiming no more than my right as a human being to a fair trial, to life, liberty and security of the person, to equality as well as to freedom from arbitrary detention, and from cruel and unusual punishment," said Charkaoui. Charkaoui was released from prison in February 2005 under severe conditions, as public support for his liberation swelled in a campaign led by his family.
The challenge was launched in September 2003 and dismissed by the Federal Court in December 2003. Charkaoui then turned to the Federal Court of Appeal, which issued a negative decision on International Human Rights day, 10 December 2004.
The challenge has the support of an intervenors' group, including the African Canadian Legal Clinic, Canadian Arab Federation, Canadian Council for Refugees, International Civil Liberties Monitoring Group, Minority Advocacy Rights Council, the Muslim Council of Montreal and the National Anti-Racism Council of Canada.
"The provisions of the Immigration and Refugee Protection Act being challenged by the Appellant have a far-reaching and deep impact on racialized individuals and communities, and refugees and immigrants, those who are already vulnerable and marginalized in Canadian society. The determination of the constitutionality of these provisions engages fundamental charter rights ... of concern are the rights of non-citizens ... the right to a fair hearing, the right to be free from arbitrary detention," a coalition of groups wrote in support of the appeal on 20 January 05.
As detainees and their families have become more vocal, the Canadian Bar Association, Amnesty International, Human Rights Watch, Ligue des droits et libertés, the Canadian Labour Congress, the New Democratic Party, the Bloc Quebecois and numerous others have joined the campaign against the abusive process. Most recently, the United Nations Working Group on Arbitrary Detention and United Nations Committee against Torture have both questioned Canada's use of the procedure. The measure is currently under review by the Parliamentary Sub-Committee tasked with assessing the Antiterrorism Act.
Background information: www.adilinfo.org/supremecourt.htm
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Coalition for Justice for Adil Charkaoui Tel. 514 859-9023 justiceforadil@riseup.net // http://www.adilinfo.org