Security certificate

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In Canada, a security certificate refers to a document issued under the Immigration and Refugee Protection Act allowing the government to remove any non-citizen who poses a security threat to Canada or Canadians. The certificate is prepared for and signed by the Minister of Public Safety and the Minister of Citizenship and Immigration when a non-citizen, either a permanent resident or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is a threat to national security or has violated human rights abroad, or is involved with organized crime or other serious offences. The signed certificate is then referred to a federal court judge who reviews the evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge rules that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence to be revealed to the subject being detained or to his or her lawyer though the judge may provide a summary of the evidence heard.

If the judge determines that the certificate is not reasonable, the certificate is quashed. If, however, the judge decides that it is reasonable, then the certificate becomes a removal order. The Federal Court's decision cannot be appealed.

An individual may be held for several years, without any criminal charges being laid, before a hearing is complete, and can be deported without any criminal charge or conviction.

The security certificate provision has been in place since 1991 and has been used before and since the September 11, 2001 attacks on the World Trade Centre in New York City.

1 Those currently named by security certificate
2 Persons previously named by Security Certificates
3 Criticisms of the Security Certificate Process
4 Cases challenging the constitutionality of the security certificate
5 Notes
6 External links

[edit] Those currently named by security certificate

Certificates have been used as a means to remove inadmissible non-Canadians since 1991. Currently, there are six individuals being detained in Canada under a security certificate:

Hassan Almrei, a Syrian refugee who has been detained in a Toronto jail since October 2001
Mohammad Zeki Mahjoub, an Egyptian detained in Toronto since June 2000,
Mahmoud Jaballah, an Egyptian detained in Toronto since August 2001

Adil Charkaoui, a Moroccan, was detained in Montreal from May 2003 until February 2005 when he was freed on conditional release and essentially put under house arrest.

Mohamed Harkat, an Algerian held in Toronto since December 2002, was released on bail in June 2006, but remains under 24-hour supervision and must wear an electronic monitoring device. He was ordered deported in July 2006 but can remain in Canada until the Supreme Court of Canada rules on a constitutional challenge to the security certificate process.

Manickavasagam Suresh, a Sri Lankan, was first arrested in 1995 and held till 1998. He was ordered deported, but appealed and was granted a new trial in 2002.^[1]

Issam Al Yamani, a Palestinian permanent resident, was charged after applying for citizenship in 1988. Arrested in 1993, he won his case in 2000. In a subsequent government appeal the case was re-initiated and he was ordered deported on April 20, 2006.^[2]

This article documents a current event.
Information may change rapidly as the event progresses.

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.^[3]

Wikinews has news related to:

Alleged Russian spy captured in Montreal, Canada

[edit] Persons previously named by Security Certificates

In addition to the eight people who currently have cases pending, twenty others have been charged under Security Certificate legislation since 1991.^[4]

Ernst Zundel, a German permanent resident of Canada since 1958 was Arrested in May 2003 and deported in March 2005.

Mourad Ikhlef, an Algerian living in Montreal who gained refugee status in 1994, was arrested in December 2001 and deported in February 2003.

Iqbal Singh, an Indian refugee living in Toronto who gained status in 1993, was arrested in April 1998 and deported to Belize 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 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, and Dmitriy Vladimirovich Olshanskiy 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 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 of 1995.

Mohamed Hussein al Husseini, a Lebanese status refugee who resided in Montreal was arrested in 1993, and deported in 1994.

Mansour Ahani, an Iranian was arrested in June of 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 of 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 of 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.

[edit] Criticisms of the Security Certificate Process

The families of the detainees have campaigned against the security certificate, arguing that they violate civil liberties and due process by allowing individuals to be detained indefinitely, without charges being laid, on the basis of secret evidence. Alexandre Trudeau, son of former Prime Minister Pierre Trudeau has been vocal in his criticisms of the certificates and has appeared in court to testify in favour of Almrei's release offering to act as a surety on his behalf.

Other well-known figures who have joined the campaign against security certificates include Warren Allmand, former Solicitor-General of Canada, Flora MacDonald, former Foreign Affairs Minister of Canada, Denys Arcand, Bruce Cockburn, Naomi Klein, and Maude Barlow. The Canadian Bar Association, Amnesty International Canada, Human Rights Watch, and the Canadian Council for Refugees are among the organisations who have taken a position against security certificates.

Members of Parliament from all major political parties in Canada have criticised the measure and called for its abolition.^[5]

Three United Nations committees - the UN Committee against Torture[2], the UN Working Group on Arbitrary Detention[3], and the UN Human Rights Committee[4] - have condemned the security certificate process and called on Canada to reform its legislation. They have also called on Canada to use criminal law instead of immigration law to deal with its security concerns.

[edit] Cases challenging the constitutionality of the security certificate

In 2002, the Supreme Court of Canada 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 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".^[6] 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 June 13-14, 2006, the Supreme Court heard three different appeals regarding the constitutionality of the security certificate process: Adil Charkaoui, Hassan Almrei and Mohamed Harkat v. Minister of Citizenship and Immigration, et al. Most of the appellants have argued that the process violates Section 7 of the Charter. Counsel for Charkaoui also argued that the security certificate process violates judicial independence, the rule of law, and sections 9, 10, 12, and 15 of the Charter of Rights and Freedoms.[5] The Supreme Court reserved judgment.

[edit] Notes

^ Lankannewspapers.com, January 21, 2006
^ Tabassum Siddiqui, Toronto Star, April 20, 2006
^ David Ljunggren, "Alleged Russian spy arrested in Montreal," Reuters Canada, Thu. Nov 16, 2006 11:19 AM EST. Accessed on November 16, 2006. Alleged Russian spy arrested in Montreal, Reuters, 16 November 2006
^ Montreal Gazette, July 16, 2003
^ A Letter to Anne McLellan from over sixty legal experts and law unions [1]
^ Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3 at para. 78