My thoughts about Omar Khadr

The story of Omar Khadr is tragic and sad. On a human level, it is the story of a young Muslim boy who has been caught in the so-called “War on Terror” and saw his life totally “hijacked” since. On a political level, Omar Khadr became the tool of legal vengeance and humiliation of American policies aided and supported by some Canadian officials and politicians, to punish the “bad Muslims”, those who found themselves caught in the web of national security. On this video, I briefly speak about the case.

I gave an interview to Mind Bending Politics (MBP), a political blog focusing on Canadian politics and policy. 

 

MBP: There has been a lot of talk about the government awarding Omar Khadr $10.5 million over the past week at various media outlets. Can you provide your initial thoughts on the Khadr settlement? Do you think justice has been served?

Mazigh: For years, as a human rights advocate and as someone who went through injustice with my entire family, I closely followed the case of Omar Khadr. I signed petitions for his return, wrote several articles about him, attended rallies and organized event for his lawyer to speak about the case. So when I recently heard that Omar Khadr reached a settlement with the government, I was very pleased and I felt that finally justice has been served for this citizen who has been imprisoned in the infamous Guantanamo prison when he was 15 years old for almost 10 years, who has been abused by Americans officials and by Canadian officials. Omar Khadr was never given the chance to due process. He was basically dehumanized through false claims, and became the target of legal vendetta by the previous Canadian government. He had to pay for the mistakes of his family and used as “scarecrow” for anyone who dares to criticize the war on terror or issue any doubt about its efficiency.

MBP: This issue regarding the Khadr settlement has been very polarizing for Canadians. Why do you think that is, and also do you think a lack of information regarding what rights are afforded to us under the Charter of Rights and Freedoms, and how they are upheld could also be contributing to that polarizing debate around the settlement?

Mazigh: Unfortunately, this polarization was influenced by political partisanship, by emotional reactivity and by some media outlet with political and social agenda. In some inflamed discussions, the Charter of Rights and Freedoms was rarely considered and the facts were totally and deliberately ignored. Actually, rather than real facts, false claims or distorted facts took over and became the norm. We heard things like “Omar Khadr is a convicted terrorist”, “Omar Khadr was brought to court”, and “Omar Khadr killed a paramedic”. For years, those distorted facts were challenged explained around Khadr left some citizens feel cheated or betrayed by the government. Indeed, it is false to say that Omar Khadr is a convicted terrorist. He was brought in front of a military commission that was considered by many experts as “Kangaroo court”. This presumed “conviction” was nothing than a “sham”. People look at the US and think that it is the country of freedom and constitution so how possibly can we have a “sham” there? It is important to remember that Guantanamo is a military prison. In 2002, 779 prisons were flown from Afghanistan to Guantanamo. By 2011, 600 prisoners were released most of them with no charges. Today there are 41 detainees left and many of them are cleared to go home but still imprisoned.

The successive American administrations had hard time to convict these prisoners. There is a flagrant lack of evidence at the first place and a documented use of torture. Also, some people keep repeating “Omar Khadr killed a paramedic”. The sergeant was not acting as a medic when he was at the battlefild. He was tragically killed in the battle and there is no evidence that Omar Khadr killed him.

MBP: You were instrumental in bringing your husbands case forward to the Canadian government, and to us Canadians. I remember following his situation and eventual resolution for some time. Some Conservatives commentators have raised your husband’s payout when speaking on the Khadr settlement as legitimate because your husband was found innocent of any wrong doing, and are arguing that Khadr’s settlement isn’t legitimate because of a conviction by a US military tribunal. The Canadian Civil Liberties Association has come out publicly supporting the Khadr settlement stating that “It’s a legal truism that a right without a remedy is no right at all”. I was just wondering if you would be willing to respond to the way the some are using the settlement your husband has received to delegitimize Khadr’s?

Mazigh: Unfortunately, once again, it is a political partisanship war. My husband, Maher Arar, was compensated under Stephen Harper government and the public announcement about the apology and compensation at that time was also demonized by some groups and individuals. My husband was called “ a terrorist” even after the settlement and up to today some people are resentful to his settlement. When, my husband was in a Syrian dungeon some conservative MPs, rose in the House of Commons and denounced the security laxness of Canada and praised the seriousness of the US administration after arresting a “terrorist”, my husband. People tend to forget and turn a blind eye on the stigma ones go through even after the settlement. People look at the dollar figure and forget that it is impossible to find a job when you were once labelled a terrorist, despite your numerous degrees and skills. Money won’t bring back your life, your name or your reputation.

Today, the individuals and groups attacking Omar Khadr, don’t think about his future, his career, his family, his children. It is the least of their worries. They are so angry that he received money, period. And by the way, that 10.5 millions settlement isn’t even exclusively for Omar Khadr. His lawyers are sharing it with him.

MBP: There was a recent poll done by Angus Reid, in which 71% of Canadians surveyed believed that the Trudeau Government did the wrong thing by paying Khadr money and that the courts should have decided whether his detention was illegal. Missing from this poll was anything regarding the actual reason why Khadr was paid out, and that’s the fact that the Supreme Court of Canada ruled 3 times that Khadr’s rights were violated. If you were part of a polling agency, what question would you ask to Canadians regarding the Khadr settlement?

Mazigh: The polls are dangerous for our democracy. I am not saying they shouldn’t exist but we can’t govern according to them. The rule of law isn’t a popularity contest. Actually, it can be the total opposite. Courageous governments around the world were always attacked and criticized for controversial decisions. Take issues like: abortion, same-sex marriage…The Supreme Court ruled on these issues and the government had no choice than to accept these decisions. In the case of Omar Khadr, it is the same situation. The Supreme Court ruled three times in his favour and today the Canadian government had no choice than to accept and reach a settlement. This decision will never make everyone happy and comfortable but this is why we live in a democracy. We constantly disagree but the Supreme Court is our ultimate test. Take the example of “banning the Niqab at the citizenship ceremony” in 2015. This political wedge issue was used by politicians to win votes. It literally divided voters across the political spectrum but the court ruled that Ms. Zunera Ishaq, the lady at the centre of the controversy, was allowed to keep her Niqab. Many Canadians disagreed and felt uncomfortable but today it is the past.

MBP: Do you think as a result of the polarized political environment in Canada that our constitutional rights as citizens could be at further risk of being infringed upon in the future? If so, could you explain what can be done to get accurate information regarding our constitutional rights out to Canadians at large, and what you would like to see politicians do to ensure that government respects the rights of all Canadians through successive governments?

Mazigh: I am afraid that this polarization we live through is complex and the result of multiple factors. It is not only a matter of getting the accurate information about our constitutional rights. People are becoming less and less trusting of political elites and more and more ready to accept any information that would reassure them in their beliefs, be it false. This polarized environment is exacerbated by a hard and precarious economic situation for many citizens. The monetary settlement received by Omar Khadr make many Canadians feel uncomfortable because many Canadians are being laid off their jobs, many young people are unemployed or have unpaid internship. So they feel cheated and left out by the government.

When, Canada decided to join the so-called “war on terror”, the politicians narrowed it down to a “national security” issue but in reality it is far beyond that. The so-called “war on terror” eroded our civil liberties and rights. They made us accept things like “it is OK to spy on us”, “it is OK to use torture to gain useful information”, “a terrorist doesn’t deserve due process”. On the other hand, people don’t see the increase in the military budget, the billion of dollars to buy military equipment and join wars and the cuts in the social services and in education. We need to have a public discussion on these issues but unfortunately; we are made to feel that we should join on side or the other. In reality, we will never enjoy security if we don’t accept that we have international obligations and rules to respect and that our population need to see the full picture and not just one citizen receiving 10.5 million dollars as if he won a lottery ticket.

MBP: What do you see as the greatest challenge to civil and human rights, now and in the future and Canada?

Mazigh: The greatest challenge to civil and human rights is fear. We think that this happen elsewhere and not in our backward. But it is a slippery slop. When people are afraid of losing their jobs, losing their identity, losing their comfort, losing their kids, they become irrational and they can accept fake news and they can even welcome totalitarianism. Civil and human rights were instituted after the Second World War after the humanity experienced the worst. After 9/11, some politicians are trying to play the fear card again. Guantanamo was justified through fear and a need for security. Military courts were justified by fear.

In Canada, we shipped citizens to torture and deprived them for their rights because we were afraid of them, of their beliefs and we collectively presumed they were dangerous to our security. Security became an illusion being sold by some politicians to obtain more votes. Meanwhile, our social programs are being cut and defunded, our economy still rely on non-renewable energy, the economical inequalities are increasing and the politicians are not offering any serious plans to tackle them.

MBP: What do you see as recent steps forward in advancing civil and human rights in Canada? What would you like to see happen, both nationally in Canada and internationally to advance civil and human rights?

Mazigh: Canada must live up to its international reputation. For centuries, Canada has let down its indigenous people. It is time to build new relationships based on respect and equality. We can’t have human rights for some, it is a recipe for social uprising. Last year, Canada announced its intent to finally ratify the Optional Protocol to the Convention Against Torture after ignoring it for years; I hope this matter would be expedited. This way, cases like Omar Khadr would be less likely to happen in the future. In Canada, we need to have more accountability when it comes to issues like policing and national security. There were new announcements by the federal government that are very promising but we have to remain vigilant as abuses are not only committed by individuals but also by institutions. Internationally, we should partner with other countries to advance human rights in other place of the world. We can’t be happy of what we are achieving in Canada, we live in a globalized word and abuses in other part of the world would eventually affect us. So we have to help alleviate oppression overseas and make our global impact as “lighter” as possible.

There’s No Justifying Canada’s Flawed Counter-Radicalization Plan

In his mandate letter to Public Safety Minister Ralph Goodale, Prime Minister Justin Trudeau included the creation of an Office of the Community Outreach and Counter-Radicalization Coordinator.

In the 2016 federal budget, the Liberal government pledged to spend $35 million over five years to set up such an office. So far, the Liberal government hasn’t made any official announcement about the office, although Public Safety Minister Ralph Goodale hinted to some news outlets that the so-called office would focus on “radicalization to violence of all kinds,” as opposed to the previous Conservative government’s strategy of exclusively targeting Muslim Canadians.

According to some media reports, it seems that the Canadian government’s counter-radicalization model gets its inspiration from what the British government has already implemented in recent years: the Prevent strategy, a program that proved to be a failure at many levels and by all standards.

Two NGOs, the U.S.-based Open Society Justice Initiative and Rights Watch U.K., studied Prevent and its sister program, named Channel, and found in 2016 major flaws with them both. One of the main criticisms is that these programs are based onprofiling and targeting Muslims, particularly in schools, in kindergartens and in health institutions. But most importantly, there is a lack of consensus among academic experts that these counter-radicalization programs are scientifically reliable.

The notion of certain “indicators” identified as risk factors that would draw individuals to terrorism has been discredited by many scholars: “Indeed, the claim that non-violent extremism — including ‘radical’ or religious ideology — is the precursor to terrorism has been widely discredited by the British government itself, as well as numerous reputable scholars.”

The creation of such a program relies on several false premises. It wrongly assumes that Muslim youth are prone to espouse violent ideologies or perpetrate violent crimes more than their peers. Recently, Statistics Canada released the disturbing figuresabout hate crimes in Canada that happened in 2015. In summary, the new figures convey to us two main points:

  • That Muslims communities are among the groups that saw the highest increase of hate crimes perpetrated against them.
  • That the perpetrators of these heinous acts are young men between the age of 18 and 24.

These figures are not surprising to say the least. Many grassroots groups have in the last couple of years shown and documented the rise of Islamophobic acts. Simultaneously, academics brought attention to the rise of violent right-wing extremist and racist groups in Canada.

Neither the provincial or federal governments took these indicators or studies seriously and never acted upon them to present new legislation to fight this phenomenon. The narrative that “Muslim youth are attracted to violence and Jihad” remains very widespread. Meanwhile, groups like Pegida, La Meute, Soldiers of Odin and the Jewish Defense League, to name only a few, are thriving and gaining in popularity and seeing their membership increase. Their protests are also becomingmore public and more provocative. Up until today, an investigative piece reported about a new violent anti-Muslim group — III%, or the “three per cent,” — which claims that they are heavily armed and ready to wage a war on Canadian soil.

After the attack on the Quebec City Mosque, last January 2017 and the assassination of six Muslim men, federal, provincial and local politicians denounced the attacks and said some comforting words to the Muslim communities across the country. Nevertheless, no concrete action was taken to tackle Islamophobia. No extra funding (of very little) was given to schools to fight Islamophobia through education programs. No new measures were adopted by local police to make arrests and ensure that prosecutions of hate crimes are successful.

The only concrete initiative that was undertaken was the introduction of motion,M-103 in the Parliament by Liberal Member of Parliament Iqra Khalid. One of thepurposes of the motion was to “study how the government could develop a government-wide approach to reducing or eliminating systemic racism and religious discrimination, including Islamophobia, and collect data to provide context for hate crime reports and to conduct needs assessments for impacted communities.” The motion was never intended to be a piece of legislation, but simply a proposal to draw attention about an increasing phenomenon.

The media and political backlash that ensued after this initiative couldn’t be justified by the real impact this motion proposed to have. Indeed, it created a huge controversy among politicians; some of them hid behind the classic pretext that the use of the word “Islamophobia” would mean the end of freedom of expression and free speech, and the destruction of our democracy and liberal values.

In 2014, when two Muslim individuals attacked and killed two Canadians Forces members, one in Saint-Jean in Quebec and the other near the Parliament Hill in Ottawa, then-Prime Minister Stephen Harper introduced Bill C-51, which became the Anti Terrorism Act 2015 — one of the most intrusive pieces of legislation threatening the civil liberties of all Canadians. It was widely denounced by several law professors, former judges and human rights activists. Some of the politicians who last February vehemently opposed M-103 voted in 2015 for Bill C-51 and weren’t that concerned about the real impact the legislation had on the freedom of expression and civil liberties.

Moreover, there has never been a public debate about the root causes of terrorism in Canada. Citing Canada’s successive military missions in the Middle East — Afghanistan, Iraq, Libya, Syria — as one of the reasons that push some young Canadians to join violent groups is practically taboo. Linking these attacks to mental-health issues, drug addictions or social and economical marginalization are brushed off as legitimization of violence. Rather, the general public is made to believe that these violent acts are solely explained by the faith and religious beliefs of the perpetrators, which happened to be Islam.

This reductionist approach to define, tackle and explain terrorism continues to justify the creation of a $35-million public office. Rather, the money could have been spent on development of education programs in schools to fight hate, on special training for law enforcement forces to understand racial profiling and on NGOs that offer mental and economic support to marginalized youth.

This article was published on the Huffington Post 

Omar Khadr’s Case A Black Stamp On Canada’s Human Rights Record

Canada is in celebratory mood this year, celebrating the 150th anniversary of the birth of the Confederation. The Canadian government has been funding cultural initiatives here and there to promote the diverse communities living together and to bring the multicultural aspect of Canada.

Internationally, Canada is portraying itself as an open country, accepting refugees from war ravaged countries like Syria. A sort of the antithesis of the American policies recently announced by U.S. President Trump to ban refugees. Prime Minister Justin Trudeau describes himself as a feminist, taking selfies with young Muslim girls in hijab. A sharp contrast with the previous prime minister, Stephen Harper, whodefunded the Ministry of Status of Women and dehumanized Muslim women by fomenting the niqab debate.

However, amidst this festive and open atmosphere, there is a dark cloud that keeps the rays of the sun from reaching everyone. The case of Omar Khadr is a black stamp on Canada’s human rights record.

Omar Khadr was a child when he was imprisoned by the Americans in the military base of Bagram and later airlifted to Guantanamo Camp, where he was forcibly kept for over a decade. He was subject to physical and psychological abuses. He was betrayed by successive Canadian governments: Liberal and Conservative alike wanted him to stay in jail, far away from the public eye and TV cameras. No other western country dealt with its citizens detained in Guantanamo like Canada shamefully did.

Along these years, some prominent Canadian voices rose up to denounce the treatment of Omar Khadr, but they were not enough to deter the Paul Martin government, and later the Harper government, in refusing to call for the repatriation of Omar Khadr. In fact, then-prime minister Harper and his cabinet ministers kept justifying Omar Khadr’s incarceration by the fact that he was convicted in the killing of a U.S. paramedic. Needless to say, this conviction came as the result of a plea bargain Omar Khadr had made with his American jailors to gain his transfer out of the Guantanamo prison.

Even when Omar Khadr was returned to Canada after the insistence of U.S. Secretary of State Hillary Clinton, he was immediately imprisoned and kept there for three more years.

These days, the case of Omar Khadr has slipped under the radar. Even some human rights activists think that the return of Omar Khadr back home would mark the end of his tragic story. But it wouldn’t. Omar Khadr never received any apology for the treatment he was subjected to in Guantanamo.

For instance, in 2008, Canadians officials flew to Guantanamo specifically to interrogate him and were never interested in his well-being. They offered to buy him a burger and some treats to get information out of him. When he understood that they were there for their own professional interests and not for helping him, Omar Khadr, became uncooperative with them. The Canadian officials pushed him to say what he clearly didn’t know. This behaviour is reprehensible and should be denounced. Unfortunately, Canada never distanced itself from the actions of its officials despite the reprimand of the Supreme Court ruling declaring that Omar Khadr’s rights were violated under the Charter of Rights.

Dennis Edney, the Canadian legal counsel for Omar Khadr, has been a hero in defending his client. Not only did he defend Omar Khadr under difficult circumstances, but he also accepted him in his home and protected him as one of his own children. Recognizing the work accomplished by Dennis Edney on behalf of Omar Khadr should be celebrated by all Canadians and not fought or hidden.

Recently, Omar Khadr had to undertake a 19-hour-long surgery on his shoulder as a result of bullet wounds he suffered when he was shot in the back by the U.S. military. This serious surgery will undeniably delay Omar Khadr’s efforts to progress in his studies and life.

Omar Khadr was stripped of his rights as a child, as a teenager and later as an adult. Today, he is trying hard to put his life back on track and get the education that was denied to him all these past years. As long as Omar Khadr file is still lingering, Canada won’t be able to hide its dark face and celebrate its record on the world scene. It is time for the Canadian government to act swiftly and let the sun shine on Omar Khadr’s life.

This article was published on the Huffingtonpost: 

http://www.huffingtonpost.ca/monia-mazigh/omar-khadr-canada_b_15948786.html

Islamophobia: an entire system and not few isolated acts

It is sad that it took a tragic event to gather to denounce what has been normalized in the last long 15 years.

It took the killing of six good fathers, hard working men, to start talking about what has described the lives of Muslims communities across Canada.

Today, some people are saying that this happened in Quebec because it is a closed society or because they have trash radios that incite all day to hate and racism. These are simplistic explanations; they are just the tip of the iceberg.

Racism, xenophobia, discrimination has been rampant in the past years in Canada and specifically after 9/11. They have been normalized by some media and some politicians and legislation.

It is a general problem. It is not only specific to Quebec City or the province of Quebec; it has been growing in many cities across Canada:

Remember the two Muslim girls who were threatened last fall in Edmonton by a man who was singing the national anthem and showing them a noose. Today this man has not been charged.

Remember the Muslim woman wearing a scarf who has been attacked in the supermarket in London Ontario by a screaming and violent woman. Last June 2016

Remember PEGIDA, this xenophobic anti-Muslim group that was able to hold a protest in Toronto last June 2016.

Remember the Mosque of Peterborough that has been burned last November 2015.

Remember the Muslim woman here in Ottawa who found an offensive and racist note telling her to go back home also in November 2015

But most of all remember what Canada has done since 2001:

The introduction of Bill C-36 the first antiterrorism legislation that took many of our rights away and most of all demonized Muslims as if they are a threat to the security of Canada.

Remember all the security certificates cases that targeted Arab Muslim men: Mahjoub, Jabalah, Almari, Charkaoui, Harkat. Whose wife, Sophie was speaking at teh begining of the rally and who is until today still threatened by imprisonment and torture if deported? If the treatment of these men is not the culmination of Islamophobia to its ugliest form, how else can we justify their imprisonment without due process, the spying on them, their harassment, the stigmatization of their children and their families forever?

We shouldn’t forget the Anti-Terrorism Act 2015.

It was introduced by Harper with the blessing of Trudeau and the liberals. What was described as a lone wolf attack was followed by the most invasive, the most discriminatory and most likely unconstitutional piece of legislation that targeted Muslims, First Nations, environmentalists groups and many other activists.

But that was not the only islamophobic shameful legacy left by Harper and his government:

Remember The Barbaric cultural practices act, The Niqab ban at the citizenship ceremony, the use of the word mosque as an example where terrorist plots are being plotted and what Harper called “Islamicism” as the biggest threat to Canada.

My friends, this is what we are fighting today. Not some isolated acts. Not few bad apples. But a system. A whole system that dehumanized entire communities, a system that created two classes of citizens and two sorts of laws. One for the criminals and one for terrorists aka Muslims. One for citizens and one for refugees. One for the strong and wealthy one for the poor and the vulnerable.

Our solidarity today is needed more than any time before. Working hand in hand with groups and communities will be our path to victory. Today more than any time before, we need to talk to each other, get to know each other and support each other.

And please remember that all is not dark and depressing. There are people around us who are not filled with hate. There are people around us who do not believe the fake news and won’t accept the dehumanization of the Others. The won’t accept there is us and them. There is only US together. Those people are here today and we will not give up until things will be better and until injustice stops.

This is my speech given at the rally held in Ottawa against the Islamophobia and for the refugees on February 4, 2017.

 

 

 

 

 

Are you on the terrorism blacklist? Maybe, but you can’t do anything about it.

Last week, a Vice News investigation revealed that a terrorism blacklist database, known as World-Check and founded in 1999, contains 2.7 million entries, many of them Muslim individuals and organizations.
This list is not a scientific compilation of data; rather, it’s a controversial list that many victims suspect of ruining their lives. Indeed, some non-profit organizations based in the U.K. believe that this list is the sole reason behind the sudden decision of banks to freeze their accounts with no explanation.

World-Check claims that it uses reliable and reputable information about individuals and organizations but they were unable to explain the listing of Mohamed Iqbal Asaria, a British national who was a former World Bank and Bank of England adviser and who was given a Commander of the Order of the British Empire award in the 2005 Queen’s Honours List for services to international development.
Websites run by anti-Muslim proponents like Daniel Pipes and Steven Emerson are some of the sources used by Word-Check to support their allegations and include names on their list.
According to Vice News, the World-Check list is consulted by 300 government and intelligence agencies, 49 of the 50 biggest banks, pre-employment vetting agencies and nine of the top 10 global law firms.

The question is: how many Canadian individuals and organizations are on the list and is this list being used by our government or other Canadians agencies? If it turns out to be the case, how many individuals have been unduly affected by it?
In Canada, the Financial Transaction and Reports Analysis Centre (FINTRAC) came out of an act addressing money laundering. After 9/11, the legislation was amended to include terrorist financing activities. Thus, FINTRAC was born.

Its mandate is to “facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities, while ensuring the protection of personal information under its control.” Even if it is explicitly stated that the personal information under the control of FINTRAC is protected, it remains unknown to the public whether FINTRAC has used the services of World-Check and whether it relied on this information in their internal investigations.
Two senior World-Check employees speaking under the condition of anonymity admitted that over an eight-year span, they had never seen a single case of “delisting.” So basically, once you are on the list, you will stay there forever.

What is worrisome is that World-Check isn’t even a government organization regulated by measures and overseen by an independent body; it is a private company that sells data to governments, banks and employment agencies and makes its profits from what is written on the Internet about people.
In a world more and more obsessed with security and where security has become a commodity valued, traded and sought after, companies are building, with zero accountability, a billion-dollar profit industry. Meanwhile, the livelihood and the reputation of innocent individuals and organizations don’t seem worth much, if anything at all.

This article has been previously published on rabble.ca

Will the Canadian government shed light on the no-fly list?

It is a shame that a number of Canadian toddlers and young children are being humiliated at the airport in the name of extra security checks and delayed in boarding their plane with their parents. How as a society have we reached this level of complacency, accepting that such actions are “normal” under the pretext of living in security?
The recent promise by Public Safety Minister Ralph Goodale to open an investigation into the case of six-year-old Syed Adam Ahmed, whose name appears on Canada’s no-fly list, isn’t enough and here’s why.
In 2007, when the Passenger Protection Program (PPP) — copied on the U.S. model — was established in Canada, the Canadian government at the time failed to produce any concrete evidence of the efficiency of such a program. Canada was under a lot of pressure from the U.S. government to have this program and prevent “unwanted” travellers from boarding planes. The problem with this list is that it is shrouded in secrecy. The number of persons listed is not public. It is estimated to be between 500-2,000 persons. The government refused to release the exact number, claiming that this might help the terrorists in their plans to attack or harm us.
Here we have to distinguish between two categories of passengers: those who are denied boarding and those who are delayed boarding a plane.
In the case of the children presented in recent media reports, we are dealing with the second category. It is known as a “false positive.” In other words, these are people who do not represent any threat to security but are going to wrongfully end up on the no-fly list.

Since 2010, the government has been aware of this problem and hasn’t taken any concrete measures to correct the situation. Rather, I suspect the situation has worsened since we now have cases of children brought to us as “false positives.”
This is what Director General of Aviation Security at Transport Canada, Laureen Kinney, declared more than five years ago to the Standing Joint Committee for the Scrutiny of Regulations about this topic:
“The other point that I might raise is that there have been approximately 850 potential false positive matches that our people have handled in the three years of the program…”
So at that time, this was already a huge number; I wonder how many cases we have today? Why can’t Mr. Goodale give us this number?
Another disturbing question worth mentioning is why this six-year-old boy kept being delayed through the years even though Transport Canada claims that the list is refreshed every 30 days. Indeed, this is what Ms. Kinney said at the same committee in 2010:
“As I mentioned, the list is reviewed every 30 days. It is a built-in process. There is a meeting of the committee that looks at the Specified Persons List. We look at the list every 30 days in that process. The meeting is held without fail. The names that come forward for consideration deal with people who have demonstrated, in some fashion, the capability and intent to pose a threat to aviation security. Absolutely, it is not based in any way on ethnic, cultural, religious or other such factors. It is purely about what has happened, what has been done and what the specific facts of the individual are. Evident from the statistics of the program, the small number of people who have been matched indicate that is the case and it is applied that way in practice.”
So assuming Syed Adam Ahmed’s name was mistakenly added the first time and then brought to the attention of Transport Canada officials, we would expect that they would have refreshed the list after 30 days so his name should have been erased by the second or third attempt at boarding a plane, but Syed Adam Ahmed’s parents said that this ordeal was repeated each time they tried to board a plane with their son, until recently.
And finally, there is the whole question of redress. In a democracy, there must be a judicial review process to accompany any government program to avoid arbitrary decisions and human mistakes that may occur. With these “false positive” cases, there is no such process. People affected are left with no recourse except the media.
Now that more and more parents are coming forward with similar stories about their kids being stopped and delayed in boarding their plane, it is time for the government to act swiftly. An investigation isn’t enough. A total revamp of the no-fly list is needed as well as the implementation of a transparent judicial review that would allow everyone who has been prevented from travelling or delayed in flying to get the explanations they deserve.
Yesterday evening, Minister Goodale issued a statement promising that the government will hold public consultations on the PPP to make sure that Canadians will remain safe while upholding our democratic values. This is a very promising step. It is overdue.

This article was previously published on rabble.ca

Toward a Two-Tier Society

When Bill C-36 — otherwise known as the 2001 Anti-Terrorism Act — was first introduced in Parliament, many human rights advocates and legal experts opposed it. One of their main arguments was that Canada didn’t need a specific law to fight terrorism — that the Criminal Code was more than sufficient to allow law enforcement to bring charges against terrorists.

When Bill C-36 (later called the Anti-Terrorism Act, 2001) was first introduced in Parliament, many human rights advocates and legal experts opposed it. One of their main arguments was that Canada doesn’t need a special and specific anti-terrorism legislation; its criminal code is strong and detailed enough to allow law enforcement agencies to bring charges against terrorists.

Bill C-36 was adopted a few months after 9/11. Many thought that would be the exception because of that tragedy but today we can look back and safely say that it was only the beginning of a series of legislation specially tailored for suspected terrorists.

What Bill C-36 did to our legislative landscape isn’t “simply” the introduction of new additional invasive powers granted to intelligence and police forces but rather the fundamental idea that terrorism is a unique offence that should be fought with a fundamentally different set of tools. Basically, the new era post-9/11 allowed the creation of a new world with two parallel justice systems: one for the “usual” criminals and one for the terrorists.

When Canada fought gangs and organized crime mobs in the 90s, the police adapted their tactics to the nature of the “work” this sort of criminals were conducting. Obviously, the police techniques changed to allow more infiltration and more targeted surveillance but once the members were arrested and charged, it was still the same criminal code that applied to them and not any new law that was specifically adapted for gang members.

We do not claim that terrorism shouldn’t be opposed with adapted techniques. Indeed, it should be. But we believe the emphasis should be put on other levels: prevention, political, economical and social policies, and education. And once terror suspects are brought to justice, we believe that they should be judged according to the gravity of their actions and not whether they were labelled as criminals or as terrorists.

This parallel justice system doesn’t stop there. In 2014, the Conservative government came up with a new citizenship law, Bill C-24. Part of this bill became law in May 2015. The new law took us further down the road paved already by the first Anti-Terrorism Act : a road toward a two-tier system. The victim this time is citizenship.

Before Bill C-24, revocation of citizenship was limited to naturalized Canadians who acquired their citizenship by false representations. With the new legislation, dual citizens (naturalized citizens or citizens who were born in Canada but could claim citizenship in another country through one of their parents, notwithstanding that they may have no ties with that country) can have their citizenship stripped away from them if they commit terrorism, espionage or treason. However, if you are born in Canada and can’t be eligible for another citizenship (through marriage or through your parents or any other legitimate reason) then you can keep your citizenship, no matter the nature of the crime you committed.

The new grounds for revocation are broad and appear to be connected to the loyalty to Canada. However, as the Canadian Bar Association pointed out, it is not clear why the loyalty of dual nationals should be put into question more than that of other Canadians. And it is also not clear why our loyalty to Canada should determine our citizenship. Isn’t that another way to divide the society into the ones who seemingly loves Canada and thus do not speak out and the ones who seemingly hate Canada and criticize it. What is the fine line between criticism and hate? This is a slippery slope and we are on the top of it.

Finally, the new process of revoking citizenship doesn’t involve a judge (except in limited circumstances where the Minister decided to hold a hearing), making the system “cost and time efficient” according to the government. There is no accountability and no process to appeal the minister’s decision. Once again the government justified this new legislation by the threat of “Jihadi Terrorism”. And, once again, the end result is the creation of a two-tier system: one for “privileged” Canadians and another one for “supposed terrorists dual citizens.” including those who have been exonerated by a court but the government still consider as terrorists.

And to confirm the relevance of this new legislation, since last June, the government has sent notices of citizenship revocation to a few convicted terrorists.

One of these targeted individuals is Zakaria Amara, who was born in Jordan and has dual citizenship. He was convicted for his role in the Toronto 18 terrorism plot. In a tweet sent by Jason Kenney, the Defence Minister, after the news that Canada revoked the citizenship of Amara, Kenney mentioned that Amara hated Canada so much that he “forfeited his own citizenship” by plotting to murder hundreds of Canadians.

So the blame is not that this new citizenship act created two separate treatments for Canadians but it is the hate this person has for Canada that legitimizes stripping him of his Canadian citizenship. Kenney wouldn’t even use the words “revocation”, “exile” or “banishment”. He only used “forfeited”. As if Amara decided on his own to drop his Canadian citizenship.

This is clearly very ideological position that shouldn’t prevail in a democracy. Our love and hate for a country – our loyalty – cannot and should not determine the legitimacy of our citizenship. Amara didn’t like Canada and was ready to kill innocent people, and as a consequence he was punished with a life sentence of imprisonment. Why do we have to double the punishment and revoke his Canadian citizenship? Can’t he be rehabilitated? Can’t the hate he felt at some point in his life be replaced one day with compassion and understanding? Is sending him back to Jordan going to make us feel safer? Isn’t Canada part of a coalition to bomb the Islamic State and one of the arguments of this bombing is that we have to get rid of the terrorists over there so they don’t come to us. So how sending convicted terrorists to that region make us feel safer? And how is a country like Jordan to react at the prospect of receiving a convicted terrorist? Will they accept him or will he become stateless? Will he be tortured there as further punishment or as a way to try and get information on terrorist suspects or terrorist plots?

Terrorism is an ongoing threat, nationally and internationally. In using it as an excuse to keep us safe, the current Canadian government is creating a two-tier system of justice, a two-tier citizenship and a two-tier society. On the surface, the target is the bad terrorists who have no one to blame except themselves. But on a deeper level, it is all of us, as a divided and weakened society, who are losing the essence of our laws, of our citizenship and of our democracy.

A modified version of this article appeared on ipolitics.