RSS FeedReview of Dennis Edney’s Lecture, “The Rule of Law in an Age of Terror”
“Human rights have a dysfunctional relationship with justice. The language is certainly beautiful, but it’s all dressed up with nowhere to go,” charged Dennis Edney in a scathing lecture at the Faculty of Law at UBC on September 15.
Edney worked from 2004 to 2011 on Omar Khadr’s defence against charges stemming from the July 2002 firefight death of a US soldier. Khadr, who is Canadian, was 15 at the time. American forces interrogated him for three months in the US-operated Bagram Theatre Detention Facility in Afghanistan, before transferring him to Guantanamo Bay, where he remains. In 2005, Khadr’s chief interrogator from Bagram, US Sergeant Joshua Claus, was found guilty of offences relating to the routine torture and homicide of Bagram prisoners. Claus received a five-month prison sentence. He testified at Khadr’s military trial in 2010.
In April 2009, the Federal Court ruled that Canada was complicit in the US’s torture of Khadr and ordered Ottawa to seek his repatriation. The Federal Court of Appeal concurred, but the Supreme Court ruled 9-0 that though Canada was violating Khadr’s human rights, it was not obliged to seek his repatriation.
In October 2010, after insisting on his innocence for years, Khadr pled guilty in a military trial to terrorism-related offences, in exchange for a promise from Canada to repatriate him by October 2011 to serve the rest of his prison sentence in Canada. On September 20, the Conservatives tabled the controversial omnibus Bill C-10, which adds “additional criteria” to decisions about “whether or not to allow the transfer of a Canadian offender back to Canada to serve their sentence.”
Shortly after the trial, Edney declared that Khadr “would have confessed to anything, including the killing of John F. Kennedy, just to get out of this hellhole” and that if he had refused, Khadr would have been faced with “an unfair [military] trial based on evidence that would be inadmissible in a real court.” On Thursday, Edney said the detainees are entitled “to all kinds of international protections, but our governments are not asking for them. And by not asking, we become complicit.” There are nearly 800 prisoners in Guantanamo, but only 4 have been charged and given a trial. Detainees cannot see the evidence used against them.
In his lecture, Edney denounced the Canadian government for perpetuating a culture of fear in the camp’s defence. Edney stated that “since there has always historically been terrorism, and since there will always be terrorist threats, this war on terror – if allowed to be one – is unlike any other, because it is never-ending.” Thus, last decade has been marred by “habeas corpus being abandoned, secret courts being created to hear secret evidence, guilt inferred by association, torture and rendition nakedly justified.”
“I went into Guantanamo Bay as a lawyer and I came out as a broken father,” said Edney. “I never thought that in my lifetime I would go to such an evil place and see such evil being done.” Of the infamous cages, Edney said that “people go into those cages thinking they’re having a holiday in there.” He drew attention to Camps 5, 6, and 7. The first two are “designed for enhanced interrogation tactics: torture.” He said about Camp 7 that “We are not allowed to talk about it. We have prisoners in there who came from Europe, about a year and a half ago, and they’re going to be there forever, because there’s no one there to help.”
Edney discussed the 9/11 witch hunt, in which “the US government detained hundreds, if not thousands, of people of colour on the suspicion of terrorist activity, some of them up to a year, all without charges.” He continued that “almost none of those individuals were found to have been in any way connected with terrorism. Yet many continue to be held without being formally charged with any crime or immigration violation.” In this way Guantanamo “provides powerful evidence of how America and the West are making war on terror synonymous with the war on Islam. No white Anglo-Saxon goes to Guantanamo Bay. Any American picked up for terrorism offences gets due process in a federal court system in New York.”
One audience member suggested that the camp must serve some purpose, because otherwise US President Barrack Obama would have followed through on his promise to shut it down. Edney responded that the camp primarily functions as “an important propaganda tool.” He argued the Obama administration has in fact “systematised” the culture of torture normalised under George W. Bush, for instance by disallowing victims of extraordinary rendition from suing Washington for torture suffered overseas.
Edney was also critical of “lazy” media and academics who have persisted in “slotting events into a sort of juicy clash of civilisations story,” as exemplified by mainstream media coverage of Anders Behring Breivik’s terrorist attack in Oslo. He killed 69 people in July, avowedly to protect Europe from Muslims. Edney said, “as soon as the bomb went off, media organisations began reporting on jihadist organisations.” This, he said, “fit perfectly the story we have all been telling each other since 9/11 that who else, who else could be so hateful, so crazy, so disrespectful of life but Muslims.” He pointed out that though Breivik is a white Norwegian Christian, “we don’t hold Christians or conservatives or liberals responsible for Brievek’s despicable acts.”
He said that “since September 11 2001, race, ethnicity, and religion have become proxies for suspected terrorist activity, which in turn has become a pretext for the application of Canadian immigration laws in an unequal manner towards Arabs, South Asians, Muslims and so on.” In an apparent nod to Bill C-4, the anti-refugee bill that the Conservatives tabled on Tuesday despite widespread condemnation, he noted that “we just have to listen to media descriptions coming out of Ottawa when we talk about refugees today. We call them queue jumpers and potential terrorists.”
Edney also expressed anger at the public’s willingness to be lulled into complicity. He described the transfer of the prisoners to Guantanamo “in rows in aircraft, hooded and shackled for transportation across the Atlantic” as similar to eighteenth century slave ships. He maintained that for “the watching world, no knowledge of international humanitarian conventions is needed to understand that what was being witnessed was simply unlawful.” He blamed public apathy for “allowing anti-Muslim sentiment to become part of our mainstream conversations.” He said, “I say to you we cannot tackle manifestations of intolerance, unless we learn and understand how the constant use of fear pervades our everyday life, and how that fear is being used to influence how you and I think and how you and I act. It’s that same manipulation of fear that has allowed military escapades into countries beyond those who bombed the twin towers. It is that same message that has been exploited by participating countries to reduce civil liberties and infringe upon human rights by allowing such places as Guantanamo Bay to exist.”
The need for action had been a prevailing theme throughout the lecture. Edney returned to it at his lecture’s close: “Not only does it [Guantanamo] continue to exist, they continue building it. Guantanamo is going to be there for a long, long time, unless you do something. Unless you really do something about it.” He concluded that “the only crime equal to wilful inhumanity is the crime of indifference, the crime of silence, the crime of forgetting.”
In that vein, we cannot afford to forget that Guantanamo Bay’s precedents in the West include Canada’s own internment camps, built in BC expressly to detain Japanese-Canadians during WWII. Similarly, Bill C-4’s predecessors include the Chinese head-tax policy.
More Collaboration Between NCRs
One of the upsides from the fallout of the so-called “Ground Zero Mosque” is that there is a clear acknowledgment that Islamophobia likely ranks the highest out of any form of discrimination. This has likely been the case for just under the past 10 years, but recognition of this phenomenon has been challenging, even among law enforcement.
Another positive sign is that Americans from all persuasions have risen up to fight and combat this hatred, including the Jewish community. Although Kamran Pasha stated with some reservation that the ADL has defamed its Jewish heritage, other Jewish activists such as the Shalom Center and interfaith groups have taken a different stand. It’s also the theme for this site in the past year, which is why we presented Ahsan Mirza the Blawger of the Year award.
To me this type of collaboration only seems natural, as hatred towards Jews and Muslims is invariably linked, and the two groups have worked extensively in the past to assist one another.
In light of recent events I’ve decided to dig up a presentation I gave a couple years ago during my first year in law school:
World Institute for Research and Publication (WIRP) Presentations
I presented a couple papers this morning at the Annual Meeting of the World Institute for Research and Publication – Law. You can read more about the conference over at Slaw.
The presentations, with audio and complete papers, are available on the WIRP site, or on SlideShare below:
Full Paper: Media Narratives in Times of Turmoil: Depictions of Minorities in Canada Post 9/11
Full Paper: Admissibility of Alcohol and Gaming Commission of Ontario Reports
Women in the Legal Profession
It’s 2010. Twenty-eight years ago, Canadian lawyers helped draft the Canadian Charter of Rights and Freedoms, guaranteeing, among other things, gender equality before and under the law. Canadian lawyers have also drafted provincial and federal human rights acts, and each of the law societies’ professional regulations, all of which prohibit public, non-governmental gender discrimination.
But like the old saying goes, “If you see smoke, don’t forget to check the fire station.”
Last year some classmates and I researched the issue of gender inequality in the legal profession. We were saddened to find that it does indeed exist, though it appears to be on a belated decline.
We interviewed two law professors at the University of Windsor on the issue. Here’s what they had to say:
To get involved in this important issue in Ontario, check out the Women’s Law Association of Ontario (WLAO), which has been “Speaking out for Women Lawyers Since 1919″. Or, help spread awareness and ideas online here, here, here, here or elsewhere.
And yes, “don’t forget to check the fire station” is not actually an old saying. However, once you abandon tradition you can find meaning in lots of new places.
Speaking of getting “tough on crime”, how about “hate”?
When a local Georgian Township man, Trevor Middleton, was convicted of assault and criminal negligence in December, 2009, friends and family of the victims were hopeful that justice was served.
The Toronto Star
During the case, the jury had heard how Middleton and his friends had engaged in the practice of “nip-tipping” – that is, they would push into the water individuals who were fishing and who were of visibly Asian descent. This would be on the pretense that such people were fishing illegally, without licenses, or catching more fish than they were allowed to.
As well, the jury had heard how, after this altercation, Middleton had pursued the victims in his F-150 pick-up, how he had rammed their Civic with his truck, and how the victims were forced off the road and into a tree. The jury also had heard how one of the occupants, Shayne Berwick, suffered severe brain injury and is now confined to a wheelchair.
As a result, the jury had taken all of three hours to find Middleton guilty.
Criminalising Refugees
The arrival in Vancouver by boat two weeks ago of 76 refugees from Sri Lanka has triggered a predictable wave of paranoia and xenophobia, not the least of which has come from our own Ministry of Immigration. Alykhan Velshi, director of communications and parliamentary affairs, felt compelled to reassure the public that:
We won’t allow Canada to become a place of refuge for terrorists, thugs, snakeheads and other violent foreign criminals. Nor will we support those who want to create a two-tier immigration system: one tier for law-abiding immigrants who wait patiently in the queue, and a second, for-profit tier for criminals and terrorists who pay human smugglers to help them jump the queue.
Minister Jason Kenney, somewhat less flamboyantly, has said, “We don’t want to develop a reputation of having a two-tier immigration system – one tier for legal, law-abiding immigrants who patiently wait to come to the country, and a second tier who seek to come through the back door, typically through the asylum system.”
On the face of it, the preemptive criminalisation of the 76 men as terrorists and snakeheads aside, it seems like a fair thing to ask: that whatever system Canada have in place for immigration be respected.
The fact is, however, that Kenney is being willfully misleading. As Shauna Lubman, of UBC Law, notes:
[Kenney’s] statement belies the fact that Canada has a two-pronged system already – the Immigration and Refugee Protection Act (IRPA) that legislates the entrance of both immigrants and refugees. There is no “back door.” There is an immigration door and an asylum door. While there is a clear legal process for entering Canada as an immigrant, it is specifically acknowledged in the 1951 Refugee Convention, whose signatories include Canada, that asylum seekers cannot be penalized for illegal entry. [emphasis mine]
Moreover, she continues,
Minister Kenney’s two-tier concern is misleading and completely misses the point that the Sri Lankan men might be genuine refugees. There are legitimate concerns with the arrival of migrants by boat, be they false or genuine refugee claimants. Human smuggling is a corrupt and exploitative criminal enterprise that should not only be discouraged but prosecuted. However, it is the smugglers who are the criminals, not the vulnerable migrants who in desperation pay their way into the smugglers’ hands.
Problems finding rental housing?
Rights commission targets `blatant discrimination’ in rental-housing market
There’s obvious discrimination in rental housing, says the Ontario Human Rights Commission’s annual report released yesterday, identifying the problem as a key area that needs immediate intervention.
Exclusive interview with Suaad Mohamud in Nairobi
Video (Toronto Star)
See also:
Racism not an issue in Courtenay, mayor says
(post sponsored by advicescene.com)
Housing discrimination
Landlords trample on tenants’ human rights
(post sponsored by advicescene.com)
