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Released Canadian’s lawyer clamouring for client’s case file
He added he fears that Ms. Mohamud is the victim of a “whisper campaign” from federal officials who are leaking unverified claims to the news media.
“My client is being defamed, and they can clear it all up by giving me the file,” Mr. Boulakia said.
The government refused to comment on the matter yesterday, saying it is waiting for an internal report on the events.
A Duty to Protect
Abousfian Abdelrazik, Omar Khadr and Suaad Hagi Mohamud all have something in common — they have faced, at one time or another, the federal government’s indifference to their intolerable circumstances.
Our national legal community is not keeping silent. The Canadian Bar Association recently called upon the Harper government to accept the August 14th decision of the Federal Court of Appeal that upheld the ruling of Justice James O’Reilly of the Federal Court of Canada. Justice O’Reilly had ordered the government to seek Omar Khadr’s repatriation from the U.S. military prison in Guantanamo Bay.
With an abundance of highly publicized cases of Canadian citizens detained abroad and subsequent government inaction on their plight, is it not time for Parliament to legislate a ‘duty to protect’ — a duty for government to protect the interests of Canadians detained in foreign jurisdictions?
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Abandoning duty in the name of security
By Ihsaan Gardee, The Ottawa Citizen
August 4, 2009
The lingering saga of Abousfian Abdelrazik almost seems too hard to believe — a Canadian citizen in virtual exile for six years in a distant land, shadowy involvement of intelligence services and a violation of the rights of a Canadian citizen under the Charter. Coupled with the recent announcement that the Security Intelligence Review Committee (SIRC) will conduct a probe into the role played by CSIS — Canada’s enigmatic intelligence service — in Mr. Abdelrazik’s arrest, imprisonment and alleged torture overseas raises, once again, the thorny issue of balancing civil liberties, human rights and due process with national security.
For many of us, knowing we hold the Canadian passport is more than enough to naively convince ourselves of our inalienable rights as citizens. Yet, for Abdelrazik and those who faced similar ordeals, that reliance was quickly betrayed by the reality that any sense of security conveyed by citizenship is imaginary.
Abdelrazik’s story now joins the ranks of the cautionary tales of Canadian citizens detained abroad and abandoned by their government. Maher Arar was one of them. His ordeal paved the way for a full public inquiry, and Canadians learned about his suffering and the acts and omissions that led to his detention and torture. Not long thereafter surfaced the accounts of Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin that put into question the government’s claim that this was a one-off event and not part of a pattern of systemic failures by government officials and security agencies.
For Abdelrazik, it took a Federal Court order to finally compel the Harper government to bring him home. The government’s delays, obfuscations, and cruel games were finally put to an end.
Now, thanks to intrepid journalism, the commitment of social justice organizations such as those involved in Project Fly Home, and the decision of federal justice Russell Zinn, we know some of the frightening details of Abdelrazik’s ordeal.
We know Canadian security officials operated behind the scenes to have a citizen detained in Sudan without the knowledge of government ministers in Ottawa. Moreover, Canadian diplomats in Khartoum were kept in the dark about Abdelrazik’s detention until three months after his arrest. When Sudanese government representatives ominously warned in March 2006 that military intelligence would create a “permanent solution” for Abdelrazik if Canada did not act to bring him home, Ottawa remained shockingly indifferent.
These troubling revelations all point to a stark deficit in accountability and transparency, and a shirking of responsibility by government and security officials to uphold the rights and safety of a Canadian citizen. They also demonstrate the government’s misuse of the “national security” argument as a means to thwart a citizen’s right to return and right to due process.
The lack of definitive action by the Canadian government illustrates the crux of Abdelrazik’s case and those of other Canadians such as Omar Khadr or Huseyin Celil: the fundamental absence of a governmental duty to protect Canadian citizens detained in a foreign country. Unlike in the United States, a formal duty to protect has not been legislated or enshrined in Canada. It urgently needs to be.
Without such a duty, detained citizens are left at the mercy of foreign jurisdictions even when no evidence exists, as in Abdelrazik’s case, to justify their captivity. The government is then able to rationalize its unwillingness to take the necessary action on a citizen’s detention, as Crown lawyers aptly demonstrated in recently filed arguments with the federal appeals court on the Khadr case.
Similarly, in the case of Celil, a three-month window of opportunity to repatriate him when he was originally detained in March 2006 by Uzbek authorities — prior to being deported to a Chinese prison where he remains in solitary confinement — was ignored or missed by the government. To their credit on this particular file, the government has since been more active in raising the issue of Celil’s detention to their Chinese counterparts.
In 2006, Justice Dennis O’Connor’s report from the Maher Arar inquiry called for critical changes to the way our security agencies and government officials conduct themselves in the arena of national security. The demand for greater accountability and oversight was unmistakably clear. Yet, more than two years after the release of these reports, at a cost of millions of taxpayer dollars, we have only glib general assurances from government that these recommendations have been enacted without any reporting on specific implementations. Meanwhile, over the course of many months, Canadians watched with utter dismay at the treatment meted out to Abdelrazik.
As famed civil liberties advocate Clarence Darrow once said: “True patriotism hates injustice in its own land more than anywhere else.” Indeed, Abdelrazik faced an unconscionable injustice at the hands of his own government that should never have been allowed to transpire.
Perhaps we may never be able to fully undo the damage, but Canada can act now to ensure these sordid events are never repeated again.
Ihsaan Gardee is executive director of the Canadian Council on American-Islamic Relations (CAIR-CAN).
Luigi Benetton on Collaboration Systems
In his regular column for Lawyers Weekly Magazine, freelance technology writer Luigi Benetton has a piece in the Aug. 21, 2009 issue on drafting and editing documents in real-time.
He discusses real-time applications like NetMeeting, and asynchronous platforms like wikis and traditional DMS. He suggests the latter are more appropriate for lawyers who don’t collaborate as smoothly together.
I point out that the efficiencies created by collaboration tools help boost lawyer productivity, which can raise billable hours and improve work/life balance. The amount of time learning new technologies is minimal compared to the returns over time.
Fostering more collaboration can help avoid group-think, especially in highly hierarchical cultures like law firms.
Benetton also discusses why security fears may be unfounded, and the flexibility that these systems can provide to users.
Heather Morrison of CNW Group on Social Media
The increasing influence of social media has not just been noticed by traditional print publications.
CNW Group (formerly Canada News Wire) is Canada’s largest source for press releases and media information. They’re also known for their audio and video webcasting abilities, so they’re always on the cutting edge for technological developments.
One of their more exciting projects recently has been the Social Media Release, which allows for text to be augmented my more rich content including hyperlinks, dowloadable images and logos, audio and video.
You know the time has come for law firms to adopt social media when they prepare a specific packet for them. Heather Morrison of CNW Group released Canadian Law Firms and their Use of Social Media today, which is likely to become one of the primary sources for Canadian firms looking to enter this area.
She covers many of the basics, including Search Engine Optimization (SEO), different types of social media, strategic issues on when to blog, and some of the major social media players in the country.
Yes, LawIsCool is listed.
From Consultative and Advisory powers to a Legislative Body: The Pan-African Parliament
The Pan-African Parliament (PAP) was established in March 2004, by Article 17 of The Constitutive Act of the African Union (AU), as one of the nine Organs provided for in the Treaty establishing the African Economic Community signed in Abuja, Nigeria, in 1991.
In terms of the Constitutive Act, the establishment of the PAP is informed by a vision to provide a common platform for African peoples and their grass-roots organizations, to allow for greater involvement in discussions and decision-making on the problems and challenges facing the continent as well as ensuring the full participation of African peoples in the development and economic integration of the continent.
Pursuant to Article 11 of the Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (The Protocol), the PAP is vested only with consultative and advisory powers during its first term of operation. However, the PAP is also afforded some oversight responsibilities with regard to its objectives, functions and powers as defined in the Constitutive Act of the African Union, the Protocol and the Pan-African Parliament’s Rules of Procedure.
Indeed, in line with some of the core objectives of the PAP outlined in the Protocol, it becomes evident that, the PAP is empowered to facilitate the effective implementation of the policies and objectives of the Organization of African Unity (OAU)/African Economic Community (AEC) and ultimately, of the African Union (AU). Among other functions and powers, the PAP is vested with the responsibility to: Examine and debate budgets, policies, programmes, and so forth of AU organs; Express an opinion on any matter considered relevant to the mission, functions and roles of the PAP and make recommendations to the Assembly as a contribution to the attainment of the objectives of the AU; Request officials of the OAU/AEC to attend PAP ordinary sessions; request and review all necessary documentation and/or assist in the discharge of duties of said officials; Undertake ex-post budget reviews to monitor the implementation of AU policies and programmes, and to oversee the allocation and use of public resources as well as Monitor and advise on the implementation of Treaties, Protocols, Conventions and Charters.
While at present the PAP’s main function is that of consultation, the Protocol, the key document that mandates this institution allows for the development into a legislative body. Pursuant to Article 2(3) of the Protocol, the ultimate aim of PAP is to evolve into an institution with fully pledged legislative powers. To achieve this aim, the newly elected Bureau of the PAP, which was sworn in as of May 2009, envisions that by 2011, the PAP will transform into a legislative body, with the powers to make, amend and repeal laws. This transformation will be within the framework of the review of the Protocol. However, in the first phase of this conversion, these law making powers would be limited to the following fields: Ratification of treaties and agreements concluded at Continental level; Good governance and Human Rights; Free movement of people, goods and services; Social Affairs; Environment and agriculture and Infrastructure, Transport and Telecommunications.
The member states of the AU are also the member states of the Pan-African Parliament. Currently there are approximately 52 African countries, with the exception of Morocco but with the inclusion of the Saharawi Arab Democratic Republic, a partially recognised state. It is also important to note that at present both Madagascar and Niger’s status as members of the AU and PAP have been jeopardized due to what has been deemed to be unconstitutional election procedures.
The core structure of the PAP is the Bureau, the Secretariat and the 10 Permanent Committees. The Bureau of the Parliament is composed of the President and four Vice-Presidents. The current President of the Parliament is Hon. Dr. Idriss Ndélé Moussa from Chad and the four Vice-Presidents are as follows: First Vice-President Hon. Bethel Amadi; Second Vice-President Hon. Mary Mugyenyi; Third Vice-President Hon. Laroussi Hammi and Fourth Vice-President Hon. Joram Gumbo. The President and the four Vice Presidents each represent the different regions within the continent: North, South, East, West and Central Africa. The Secretariat is composed of the Clerk, two Deputy Clerks and other support staff and functionaries, in accordance with Article 12 (6) of the Protocol. Lastly the 10 Permanent Committees have been created to dealing with different sectors of life in Africa. The 10 Permanent Committees at the PAP are as follows: (1) The Committee on Rural Economy, Agriculture, Natural Resources and Environment; (2) The Committee on Monetary and Financial Affairs; (3) The Committee on Trade, Customs and Immigration Matters; (4) The Committee on Co-operation, International Relations and Conflict; Resolutions; (5) The Committee on Transport, Industry, Communications, Energy, Science and Technology; 6) The Committee on Health, Labour and Social Affairs; (7) The Committee on Education, Culture, Tourism and Human Resources; (8) The Committee on Gender, Family, Youth and People with Disability; (9) The Committee on Justice and Human Rights and (10) The Committee on Rules, Privileges and Discipline.
Suaad Mohamud
She is back in Canada now. Here are all our posts and essays on her trials and tribulations.
Free Book on Online Marketing
Michael Carabash, a recent Osgoode graduate who has set up with his own practice and marketing services, just released a free online book for legal marketing.
I’ve been sharing some ideas with him and Garry Wise recently, and there are a couple of projects in works that may be interesting.
Although Carabash’s book covers what many of us would consider the basics, there are still lots of lawyers coming up speed. The U.K. government is paying £160,000 a year for these specialty services.
You can get the book for free here.
Social Media at Federal NDP Convention 2009
I am currently in Halifax, Nova Scotia where I am attending the biennial federal convention of the New Democratic Party as a delegate for the Saint Boniface Riding Association. Our party’s last convention was in 2006 at a time when political blogs were just beginning to take off and Twitter was in its infancy. Today, party activists, journalists, and other observers are live-twittering policy panels, sharing photos through social media, and blogging every aspect of the convention. In this post, I want to explore some of the more interesting social media stories of the convention.
Democrats Live, Twitter, and Flickr: By the Numbers
I was one of a small handful of party activists who took this convention as an opportunity to promote social media in the party. To that end, we build a social media aggregator called “Democrats Live” (the name was in anticipation of a proposal to drop the “New” from “New Democratic Party”). The site mashes up tweets, blog posts, videos, and photos from social media sites to serve as a one-stop shop for online coverage of the convention. As of writing (about 1PM Atlantic), the site has received more than 10,000 hits from more than 1,000 unique visitors. Despite some issues with abuse of the rating system (which has now been disabled), the site has been working smoothly.
By far the most active social medium at this convention is Twitter. As of writing, the site has pulled together 1,254 tweets from 252 twits. This includes convention delegates, journos, and several observers watching the action unfold live on CPAC.
Dozens of photos from the convention have been posted to the HFX09 Group on Flickr, including shots of the keynote speakers, policy debates, MPs, and social events (incidentally, New Democrats know how to throw a hell of a party).
Video content has been slower in coming, which is as expected. I have a hunch that some delegates will be posting their videos only after the convention has ended due to the limited time available to edit and process video content. Personally, my goal of shooting video at convention has fallen by the wayside as I’ve been busy participating in the convention.
Dana Larsen Controversy
The biggest story in the social sphere has been the controversial decision by NDP national director Brad Lavigne to oust BC marijuana legalization activist Dana Larsen. On two occasions, Larsen posted messages on the left-wing discussion forums at rabble.ca indicating that he would subsidize travel and accomodations for those willing to support some of his drug policy motions. The party has taken the position that this constitutes a form of vote buying that is counter to the democratic spirit of the democracy.
Larsen and his supporters have been protesting outside the convention centre and making noise through social and traditional media. In particular, nearly half of the Twitter noise on Friday related to the Larsen controversy, both pro-Larsen and pro-party.
From my point of view, the most interesting dimension of this story is the party’s lack of understanding of social media in the whole controversy. As New Democrat activists take to emerging media to voice their concerns, the party is unable to control the story in a way that used to be possible in the days before Twitter. The party’s handling of the situation has actually created a platform for Larsen to promote his policies that he would not have had if the party had attempted to resolve the issue more amicably.
The bottom line here is that the party can no longer expect to do message control to the same extent that it could just three years ago at the last federal convention in Quebec City.
Where are the Bloggers?
While the activity on Twitter has been extremely promising , I have been somewhat surprised at the lack of convention coverage in the blogosphere. While a handful of bloggers such as Cameron Holmstrom, Northern BC Dipper, and Accidental Deliberations have been dutifully reporting on the debates and surrounding stories, other high profile New Democrat bloggers have been silent thus far. I think that there are a few reasons for this. Some bloggers were not able to attend this convention while others chose to travel light and leave their laptops at home. Facilities for blogging are limited at the convention centre; although there is wireless access, there aren’t a lot of great spaces for sitting and writing. Those on Blackberries (is that the proper pluralization?) have informed me that reception is sub-par.
Perhaps we will see more activity as the convention winds down and delegates have a bit more time to take a break and write their thoughts out online.
Tweet Up
On a final note, I am delighted that there will be a “Tweet Up” as part of tonight’s festivities. As one of the co-organizers of the event, I’m really hoping to see a large turnout of social media activists and party brass. The event is being held at the Carleton Restaurant and Pub, 1685 Argyle St. Several caucus members have already confirmed their attendance.
Hypnosis evidence and murder
Man admits committing 1992 murder
A former Canada Post supervisor admitted today to the 1992 killing of his girlfriend, two years after the Supreme Court of Canada threw out his conviction in a landmark decision because key evidence was obtained through hypnosis.
Government loses again in Khadr case
Ottawa must seek Khadr’s return: Court
The Federal Court of Appeal ruled today that the government offered no compelling reasons why it should not comply with an order to request that Khadr, 22, be repatriated to Canada.
Government argued that foreign policy is its exclusive prerogative. The court held that a court’s order to ask for Khadr’s repatriation is a “relatively small intrusion into the conduct of international relations.”
Facebook Issues in the Workplace
Courtesy of Solicitr and passiveaggressivenotes:
Issues: Workplace productivity, sexual harrasment in the workplace
Remedy: Admonition
Issues: Disgruntled employee, poor performance, disrputive in the workplace
Remedy: Termination
Taser International
Taser maker to file suit over inquiry
… “The assertion is that commission breached basic principles of fairness and fundamental justice,” Mr. Neave said in an interview with CTV at his Vancouver office. “They were biased in the sense that a substantial body of science and medical study we provided to the commission was not considered.”
Interesting. A commission of inquiry does not administer justice. It’s a “study” commission. How can it breach principles of fairness and fundamental justice?
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- British Columbia (Ministry of Education) v. Moore: Comparing Approaches to Comparator Groups in the Context of Anti-Discrimination Legislation
- So You Got Punched By a Cop: Disciplinary Action or Civil Suit? Issue Estoppel in Penner v. Niagara (Police Services Board), 2010 ONCA 616
- The ‘Return to Unanimity’ in Insite and Division of Powers Jurisprudence: Chief Justice McLachlin’s ‘Oversight’
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