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December 15, 2010 - No. 215

Criminalization of Dissent at the G20

Hold the Authorities Accountable!


Criminalization of Dissent at the G20
Hold the Authorities Accountable!
Defendant Submits Application to Disqualify Crown Counsel for Bias

In the Parliament
Canada Surrenders Sovereignty and Privacy to U.S. "Secure Flight Program" - Dana Gabriel
For Your Information -- Strengthening Aviation Security Act

Blacklists and Security Certificates
Day of Action in Solidarity with Abousfian Abdelrazik and Against UN Blacklist
Abolish Security Certificates -- Justice for Mohamed Harkat


Criminalization of Dissent at the G20

Hold the Authorities Accountable!

The Ontario Ombudsman issued a damning report of the Ontario government invoking war measures legislation by regulatory Cabinet decree last summer to suppress political dissent of the G20 summit held in Toronto. The report details that police and government officials knowingly acted in violation of the rule of law, democracy and the rights of citizens and strategized how to do so with impunity. Equally damning, if not more so, is that even when they are Caught in the Act, as the Ombudsman's report is entitled, those responsible are not held legally accountable.

This is unacceptable. What is to be done? Draconian so-called anti-terrorism laws have been passed and used against the people under the hoax that democratic freedoms and liberties have to be balanced against public security. This conspiracy of government, police and other security officials to break the law, suspend individual and collective rights and unleash a wave of violence and terrorism -- which continues to this date in the unjust, trumped up "conspiracy" and other charges against G20 protestors -- are to go unpunished!

To be sure, that was not the mandate given to André Marin, the Ombudsman of Ontario. He was asked to investigate and report on Regulation 233/10, made under the Public Works Protection Act (PWPA), a 1939 war measures act, that gives police extraordinary powers of search, arrest and detention. The "regulation was discussed and voted on at a special five-member meeting of Cabinet" on June 2 and "the following day the Lieutenant Governor formally signed off on it."

The Ombudsman concluded the regulation was illegal and that the powers given to police do not even exist under the PWPA because they were used not to protect public places but to suppress public dissent. In other words, by regulatory decree, the Cabinet of the Government of Ontario illegally invoked the PWPA, violated people's right to dissent and unlawfully extended extraordinary powers of detention, search and arrest upon the police.

The investigation also reveals that both police and government officials were aware that using the PWPA as it was used during the G20 in Toronto was illegal and unconstitutional. They took great pains to hide their activity from public scrutiny. This also explains why everyone from Vic Toews, Federal Public Safety Minister and cabinet minister in charge of the Royal Canadian Mounted Police (RCMP) which headed up the Integrated Security Unit (ISU) for the G8 and G20, to the Ontario Provincial Police (OPP) swear they knew nothing and only heard about Regulation 233/10 from the news media. Meanwhile the Ontario ministers and spindoctors deny everything even in the face of irrefutable evidence. As early as May 31, the Ontario Cabinet had formalized a "mitigation strategy" which was not to disclose what they were up to and if caught, "to be low key and reactive." Today's denials are further evidence of that strategy in action!

The Ombudsman's Report does not close the book on what happened at the G20 in Toronto. Far from it. For one thing even the five cabinet ministers and Toronto Police Chief Blair are not held accountable for their activities. Another serious matter is that the role of the ISU, comprised of the RCMP, OPP, and Canadian Armed Forces (represented by Canada Command, which includes U.S. Northern Command) is dismissed simply because ISU spokespersons say they knew nothing of Regulation 233/10 and had no responsibility for the police violence unleashed on demonstrators and pedestrians alike in Toronto. They claim this was due to a "communications breakdown" with the Toronto Police. A public inquiry into the ISU, its composition and its role in the G20 violence is in order if the full extent of the involvement of U.S. and Canadian governments and security forces is to be known. More importantly, if the aim of the public inquiry is not to hold the authorities to account and provide redress, then the breakdown of the rule of law will continue unchecked.

Truth has not yet been fully revealed. Justice has by no means been served. Even if the Ombudsman's recommendations to review the PWPA and for government to "ensure proper communication" of future Cabinet-decreed regulations that effectively increase police powers is fully implemented, it does not detract from the fact. It is clear that not one of the Cabinet Ministers involved at the federal or provincial level, nor any of the police, military and other security officials involved took a stand when circumstances called for it, to defend democratic principles, the rule of law or individual and collective rights of the members of society!

Political renewal that vests sovereignty in the people and guarantees the rights of all is clearly the order of the day. TML calls on Canadians to support the G20 defendants and demand the government and police agencies and courts put an end to their cover-up and impunity.

G20 Regulation of "Dubious Legality" --
Citizens Unfairly Trapped by Secret Expansion of Police Powers

- Press Release, Ontario Ombudsman, December 7, 2010 -

The Ministry of Community Safety and Correctional Services quietly promoted the use of a likely illegal regulation to grant police "extravagant" powers on the eve of the G20 summit, Ontario Ombudsman André Marin says in his latest report, released today.

The controversial measure -- Regulation 233/10 under the 71-year-old Public Works Protection Act (PWPA) -- "was of dubious legality and no utility" and resulted in a mass violation of civil rights, Mr. Marin says in Caught in the Act. The Toronto Police Service, which had requested the regulation because it was responsible for policing the areas around the security fence in downtown Toronto, compounded matters through its miscommunication about the reach of the regulation's extraordinary powers, he said.

The Ombudsman found the Ministry, which had decided not to publicize the new legal measure, was "caught short" when Toronto Police misapprehended the regulation's reach and used the authority of the PWPA to arrest or detain people who were simply in the vicinity of the security fence. Throughout the weekend of the G20 summit, police exercised their powers under the Act well beyond the limits of the security perimeter, even after the misinterpretation had been corrected.

It was "opportunistic and inappropriate" to use the PWPA -- a "war measure" that allows "extravagant police authority" to arrest and search people in the name of protecting public works -- for this purpose, Mr. Marin said. "Here in 2010 is the province of Ontario conferring wartime powers on police officers in peacetime. That is a decision that should not have been taken lightly or kept shrouded in secrecy, particularly not in the era of the Canadian Charter of Rights and Freedoms."

Going into the weekend of the G20 summit, no one knew about the regulation -- not the public, not the press, city administrators or even key members of the Integrated Security Unit (ISU) in charge of management and co-ordination of summit security, the Ombudsman's investigation found.

Worse, the Ministry's decision not to publicize the regulation entrapped citizens who took the trouble to inform themselves of their rights and wound up "caught in the Act's all but invisible web," Mr. Marin said. "By changing the legal landscape without warning, regulation 233/10 operated as a trap for those who relied on their ordinary legal rights."

The Ministry also failed to ensure that police were adequately trained on the regulation, which contributed in part to the "chaos and confusion" on city streets during the summit, he said. "The Ministry simply handed over to the Toronto Police inordinate powers, without any efforts made to ensure those powers would not be misunderstood."

Ordinary citizens were shocked to discover that police had the power to detain and search even people who did not try to breach the fence or who declined to produce ID and tried to walk away, he noted. "Apart from insiders in the government of Ontario, only members of the Toronto Police Service knew that the rules of the game had changed, and they were the ones holding the ‘go directly to jail' cards."

The Ombudsman's investigation was conducted by the Special Ombudsman Response Team (SORT) and involved 49 interviews with senior government officials and numerous stakeholders, including several of the 167 complainants who came forward. The team also reviewed hundreds of pages of internal government documents and emails and, for the first time, a wealth of evidence obtained via social media such as YouTube, Twitter and Facebook.

Mr. Marin recommended the Public Works Protection Act be revised or replaced, and that the Ministry examine whether any of the sweeping police powers it confers should be included in any new version, particularly whether it is appropriate to give police the authority to arrest those who have already been excluded entry to secured areas. He also said the Ministry should develop a protocol calling for public information campaigns whenever police powers are modified by subordinate legislation.

The Ministry has accepted all the recommendations and agreed to report back to the Ombudsman on its progress in implementing them. The Minister's response, included in the report, notes that the enactment of the regulation could have been better handled and that in future it will take greater care to ensure the public is informed.

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Defendant Submits Application to
Disqualify Crown Counsel for Bias

G20 defendant Alex Hundert presented an application to the Superior Court of Justice in Toronto on December 6 to disqualify any Crown counsel employed by the Ontario Ministry of the Attorney General from being involved in prosecuting the most recent charge laid against him, namely attempting to "intimidate a justice system participant."

Hundert was arrested on the charge on October 23 for allegedly writing down the licence plate number of Crown attorney Catherine Rhinelander after she and Crown attorney Stephen Byrne left court earlier in the week following a court appearance dealing with Hundert's bail conditions on earlier charges.

Hundert's lawyer, John Norris, said there is no evidence a licence plate was written down and no notebook was ever seized.

The two complaining witnesses in the case are colleagues of all fellow prosecutors employed by the Ministry of the Attorney General in Ontario.

The court application of December 6 seeks to disqualify any Crown Attorney in Ontario from prosecuting Hundert on the charge, and to have an independent prosecutor appointed, on the grounds of potential bias and lack of objectivity on the part of the prosecution.

According to Yogi Acharya, a member of the organization No One Is Illegal-Toronto and a supporter of Hundert, "These charges are baseless and there is no clear evidence to substantiate them. The charges are being laid by the same Crown Attorneys of the Guns and Gangs Initiative who have been trying to keep Alex behind bars, most recently for supposedly breaching conditions by speaking on a public panel. There is a motion to disqualify this Crown's office since two Crown attorneys are themselves charging Alex now, which reveals their and their office's particular bias against him."

Since his initial pre-emptive arrest on June 26 on charges of conspiracy, Hundert has spent more than three months in jail, pending bail hearings on one charge after another. "I am deeply concerned that Alex Hundert continues to be targeted. This is his third arrest under questionable circumstances," says Ryan White, a lawyer with The Movement Defence Committee.

From jail, Hundert had this to say: "The targeting and ongoing harassment of me by the Crown and police is not unique, nor an act of incompetence. Their actions are intentional, and an inherent part of how the criminal injustice system works to silence dissent across communities."

Acharya continues: "Inventing ludicrous pretexts and charges to keep Alex in jail clearly demonstrates the malicious nature of the Crown's office. Perhaps they are afraid that Alex's views on state repression are resonating with the general public as more people are becoming angry at the police violence during the G20 summit. The fact that, for example, the Special Investigations Unit recently cleared officers of blatantly violent acts highlights the disturbing reality of intensifying police impunity."

Since Hundert's arrest on the morning of June 26, he was re-arrested on September 17 for allegedly violating a bail condition that barred him from participating in any political demonstration. The allegation was based on the fact that he had spoken at a university panel discussion. He was released a month later on even more restrictive conditions, including no expressing views on any political issue. Those conditions were condemned by the Canadian Association of Journalists, Canadian Civil Liberties Association, Canadian Labour Congress and Ontario Confederation of University Faculty Associations. Hundert intended to challenge those conditions, but was re-arrested a week later on the "intimidation" charge.

According to Rachel Avery, member of the group Anti-War @ Laurier, "Alex's continued detention and targeting is symbolic of the state's intention to quash those who challenge its systems of exploitation. This has become more visible in recent weeks, as in the case of Adam Nobody and actions of the Ottawa Police. But as these injustices continue, opposition only continues to mount as more people see the impropriety of the police and legal system, and our conviction to fight for justice is strengthened."

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In the Parliament

Canada Surrenders Sovereignty and Privacy
to U.S. "Secure Flight Program"

Canada is under pressure from U.S. officials to further comply with American security rules which in some cases, threatens its sovereignty and the privacy of its citizens. As a result of the war on terrorism, the U.S. government now has more power to restrict air travel and is not only dictating North American, but also international security measures.

Bill C-42, An Act to amend the Aeronautics Act would require Canadian airline carriers that fly over the U.S. to provide the Department of Homeland Security (DHS) with passenger information. This includes name, date of birth, gender, as well as passport and itinerary details when applicable. Airlines landing in the U.S. already have to supply this information, but allowing personal data to be shared on passengers who are only flying through American airspace essentially shreds existing Canadian protection and privacy laws. Bill C-42 complies with the Transportation Security Administration's (TSA) Security Flight Program which would take effect globally at the beginning of next year. Most Canadian commercial flights pass over the U.S. while en route to Latin America, the Caribbean and Europe which in many cases would give the DHS the final say on who is allowed to travel to and from Canada.

Under Canada's Passenger Protect Program, "airlines must compare passenger's names against a list that is controlled and managed by Transport Canada before a boarding pass is issued." Secure Flight transfers that authority from airlines to the DHS. TSA will be responsible for pre-screening passengers and their personal information against federal government watch lists. According to the Secure Flight Final Rule document issued in 2008, "If necessary, the TSA analyst will check other classified and unclassified governmental terrorist, law enforcement, and intelligence databases, including databases maintained by the Department of Homeland Security, Department of Defense, National Counter Terrorism Center, and Federal Bureau of Investigation." With many well documented issues surrounding the accuracy of security watch lists, U.S. mistakes could further prevent more Canadians from flying to foreign destinations. There are also concerns that data collected on Canadian citizens will be readily accessible to a broad range of U.S. agencies and just what might be done with the information.

Privacy Commissioner Jennifer Stoddart recently appeared before a committee examining Bill C-42. She acknowledged privacy concerns caused by increased aviation security measures which, "have resulted in the creation of massive government databases, the use of secretive no-fly lists, the increased scrutiny of travellers and airport workers and greater information sharing with foreign governments." Stoddart explained that Bill C-42, "will allow American or other authorities to collect personal information about travellers on flights to and from Canada that fly through American airspace and this, in turn, will allow American authorities to prevent individuals from flying to or from Canada." Public Safety Minister Vic Toews has insisted that the U.S would only use the personnel data for air security purposes, but Stoddart admitted, "our understanding is that information collected can be disclosed and used for purposes other than aviation security, such as law enforcement and immigration purposes." The Canadian government has failed to sufficiently safeguard the privacy of its citizens and there are fears any information collected could be misused.

In October, NDP Member of Parliament Don Davies warned that Bill C-42 would give U.S. security agencies unprecedented access to Canadians' personal information. He addressed a whole subset of data that could be obtained by U.S authorities through the passenger name record created when booking with travel agents. This includes, "credit card information, who we are travelling with, our hotel, other booking information such as tours or rental cars, any medical condition of the passenger that may have been disclosed, dietary preferences, our email address, our employer information, our telephone information, our baggage information." Davis also added, "This bill would effectively allow the United States to determine when Canadians can leave Canada to fly to many destinations in the world that have nothing to do with the United States. This bill violates Canadians' freedoms. It violates Canadians' mobility rights." Bill C-42 is an encroachment on sovereignty and gives the U.S. unprecedented power over who can board planes that fly over its airspace.

In January of this year, following the failed underwear bombing and at the request of the U.S., Canada installed full body scanners at its major airports. So far, the Canadian government maintains that they will not institute aggressive TSA-style pat-downs, but another incident could change that. The new airport security measures can only be described as intrusive and degrading with some critics also labelling them as ineffective. In the U.S., there has been a growing public backlash against the use of naked body scanners and other invasive TSA security procedures. In an effort to prevent this discontent from spreading across the border, Canadian Transport officials have begun installing private search areas at designated airports. Booths set up at security checkpoints will give passengers the option of private pat-downs. In the near future, airport security practices could be expanded to other modes of public transportation. Implementation of a high-tech control grid would further restrict, track and trace our movements.

Although the Security and Prosperity Partnership (SPP) may no longer be active (in name only), the harmonizing of some of its key priorities in areas such as traveller, cargo and aviation security, as well as others continues through different initiatives. Part of the SPP agenda also called for merging no-fly lists into a single North American database. In an effort to keep travel and trade moving across the border, Canada will be further pressured to adopt a single security strategy dominated by U.S. interests.

* Dana Gabriel is an activist and independent researcher. He writes about trade, globalization, sovereignty, security, as well as other issues. Visit his blog site at beyourownleader.blogspot.com

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For Your Information

Strengthening Aviation Security Act

On June 17, then Minister of Transport, Infrastructure and Communities, John Baird, introduced Bill C-42, An Act to amend the Aeronautics Act (short title: Strengthening Aviation Security Act). According to Parliament's Information Service, the "bill amends the Aeronautics Act to create an exception from the application of another statute, the Personal Information Protection and Electronic Documents Act (PIPEDA), for operators of aircraft.

"PIPEDA is the main federal legislation governing privacy rights and obligations in the private sector. To date, its application in the aviation context has mainly concerned the handling of personal information of passengers flying on Canadian aircraft." It prevents operators of aircraft from collecting or disclosing information about its passengers to third parties without their consent. Currently, the Aeronautics Act exempts air carriers from this restriction when the laws of a foreign state require disclosures about passengers on board a flight that is landing in that state.

Canadian airlines are currently required to provide U.S. authorities with passengers' personal information when flying to U.S. destinations but Bill C-42 would extend U.S. access to personal information of Canadian air travellers when merely traversing U.S. airspace.

At first and second reading: "Bill C-42 amends this section to expand its application -- it would now apply not only with respect to foreign states in which the flight is landing, but also to any foreign states that the flight would travel over. Accordingly, whether or not the foreign state that a flight lands in requires the disclosure of any personal information, under this bill, an air carrier would be able to provide disclosure without consent (or other restrictions to which it would normally be subject under PIPEDA) if the laws of a foreign state on the flight path require it." (Information Service, Parliament of Canada) This expanded application would apply to any Canadian flight whether it originates in Canada or not.

The bill passed Second Reading with 241 in favour and 34 against on October 26. It was referred to the Standing Committee of Transport, Infrastructure and Communities where it was further amended on December 7 to replace "or fly over a foreign state and land outside Canada" with  "or fly over the United States and land outside Canada" thus restricting air carriers to providing passenger information solely to the United States when flying over but not landing within its borders. The Committee submitted its report to Parliament on December 8.

By amending the Aeronautics Act to exempt Canadian airlines from compliance with Canada's privacy laws, Bill C-42 will bring Canada into compliance with U.S. Homeland Security's Secure Flight program which requires airlines to submit personal information about passengers 72 hours before a flight's departure. Secure Flight is already mandatory for U.S. airlines but U.S. Homeland Security wants it implemented internationally by the end of 2010.

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Blacklists and Security Certificates

Day of Action in Solidarity with Abousfian Abdelrazik and Against UN Blacklist

On December 10, 1948, the UN General Assembly approved the Universal Declaration of Human Rights and established that day as the International Day of Human Rights. To mark the day this year, Project Fly Home held a rally in solidarity with Abousfian Abdelrazik and against the UN 1267 blacklist regime.



Montreal, December 11, 2010: "Demand the repeal of the 1267 list."

The People's Commission Network explains the UN blacklist:

"The 1267 List is an international tool which imposes a travel ban and an asset freeze on listed individuals and organizations. The list is managed by the United Nations Security Council but implemented by each UN member nation, such as Canada. It represents a new global regime of political control, in which states cooperate across borders to impose politically-motivated sanctions on individuals or organizations." This regime of political control is a clear violation of human rights. The People's Commission Network provides the following background information.

Background


Abousfian Abdelrazik

"Abdelrazik, a Canadian, was detained on the request of Canada while on a trip to Sudan. Tortured over the course of several years, he was released only to find that he had been placed on the 1267 List, which provided Canada with a pretext to block his return to Canada. Trapped for a full year in the Canadian embassy in Sudan after going public with his story, Abdelrazik was finally able to return to Montreal in June 2009. He remains in a prison without walls; the 1267 regime freezes his assets and imposes a travel ban. More than a year and a half later, Abdelrazik is still fighting for his name to be delisted and for the Canadian officials responsible for his torture, detention and exile in Sudan to be held responsible. Last year on December 10, International Human Rights Day, Project Fly Home held a rally in downtown Montreal demanding that Abdelrazik be delisted immediately. A year later, we are forced to return to the streets because he remains on the 1267 List.

"From his initial detention in Sudan to the present, Abdelrazik has never been charged with any crime. Both Canada's security agencies declared in 2007 that they have nothing against Abdelrazik. Abdelrazik's case is not unique. More than 450 people and organizations remain on the UN 1267 List and more are on a variety of other terrorist or "no fly" lists. Many of these people, like Abdelrazik, have never been charged with any crime. Some, like Abdelrazik, have been imprisoned and tortured in the name of security. The 1267 list is based upon vague accusations of "association" and the presumption of guilt, rather than the presumption of innocence. Listed individuals have no prior opportunity to challenge their listing and no meaningful opportunity to get themselves off the list once they have been added. Any Security Council member can veto a delisting request without providing any reasons.

"Project Fly Home demands an end to this list and others like it, which internationalize state control and repression, which promote racism and Islamophobia, and which encourage an atmosphere of fear and paranoia."

People's Commission Network Popular Forum
WHOSE SECURITY? OUR SECURITY!
Countering the National Security Agenda

February 4-6, 2011, Montreal

More information: www.peoplescommission.org/en/forum

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Abolish Security Certificates --
Justice for Mohamed Harkat

December 10, International Human Rights Day, marked the eighth anniversary of the arrest of Mohamed Harkat under the security certificate regime. On this day, the Justice for Mohamed Harkat Coalition called a rally at the Human Rights Monument in Ottawa in support of Harkat and to demand the abolition of the security certificates in Canada. Security certificates, part of the Immigration and Refugee Protection Act, enable the federal government to detain and deport permanent residents and non-citizens without charge and to deny them access to the evidence related to their detention.

On December 9, Supreme Court Justice Simon Noël released his ruling on the "reasonableness" of the security certificate against Harkat. The "reasonableness" of the case relies on police accounts of taped telephone conversations, the transcripts of which were destroyed by the police. It is totally outrageous that this is found "reasonable." This decision once again puts Harkat at risk for deportation to Algeria, where the Canadian government's unproven allegations that he is associated with terrorism will further jeopardize his rights.

The federal government held Harkat in detention without charge from December 10, 2002 to May 23, 2006, including one year in solitary confinement and time at the Millhaven prison in Ontario in a facility dubbed Guantanamo North, built specifically for those held under security certificates. He was released on $100,000 bail and extremely onerous conditions, making him a virtual prisoner in his own home.

In June, 2006, the Supreme Court of Canada heard the case of Harkat vs. Canada on the constitutionality of security certificates and on December 22, 2007, Chief Justice Allan Lutfy granted a judicial review of the original deportation order in Federal Court.

The case languished in the court after that due to the Canadian Security Intelligence Service's (CSIS) refusal to hand over its evidence to the defence. On September 24, 2008, Justice Noël ruled that CSIS must disclose its "secret" evidence against Harkat, to him and his lawyers. More than seven months later, in May 2009, the judge found it "troubling" that CSIS was unwilling to share its evidence regarding the reliability of an informant against Harkat, and ordered CSIS to disclose its confidential files to Harkat's defence lawyers who held security clearance. It came to light at the same time that CSIS claimed to have destroyed all original copies of their evidence, thus providing only copies to the defence. TML condemns the ruling which finds such tainted evidence "reasonable."

Abolish the Security Certificates!
Justice for Mohamed Harkat!

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