foreign affairs minister from 1996 to 2000
There is a disturbing virus settling into Ottawa.
Let's call it the Spreading Northern Security Plague, a variation of a
virulent strain of illegal counterterrorism practices imported from
the Bush White House. Its symptoms were first detected in the Maher
Arar case, where a Canadian was sent off to be tortured in a Syrian
jail. Only years later was an inquiry established, presided over by a
courageous judge who blew the whistle on such nefarious practices by
our security forces.
But by then, the disease had become embedded in the
body politic of successive governments with all the signs of a
well-established syndrome in which security trumps human rights,
international covenants can be disregarded, commissions of inquiry can
be secretive and dismissive of rule and procedure, and vital
information on crucial issues such as the transfer of Afghan detainees
is deliberately withheld.
And now, we learn of Abousfian Abdelrazik, a
Sudanese Canadian who was imprisoned in Khartoum, allegedly at the
request of CSIS, and who has been stranded in the country for nearly
five years. That the Canadian government, knowing full well the
egregious human-rights record of the Sudanese regime, would leave one
of its citizens marooned in the Sudan, is inexplicable.
The outbreak of this malady eating away at our
valued respect for rules of law is also demonstrated by the cases of
Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin, three Canadians
held in a Syrian jail who say they were tortured during
interrogations.
From information already on the public record, it
appears likely their disappearance and detention were prompted by
Canadian influence, and that the information used in interrogations
came from Canada.
It seems the spirit of Alberto Gonzales, the former
Bush attorney- general who defended similar proceedings in U.S.
courts, is alive and well in Ottawa.
The "internal inquiry" under former Supreme Court
justice Frank Iacobucci into the circumstances surrounding the cases
of these three Canadians represents an unprecedented suppression of
basic due process. The almost entirely secret process has meant that
the men, their counsel and the public have yet to see a single
document or, indeed, any of the evidence gathered from government
witnesses. It's not clear they, or we, will ever see any of the
evidence.
In the one hearing that was held in public, the
government demonstrated why transparency is so badly needed. Arguing
about the standards by which the actions of Canadian officials should
be judged, counsel for the government revealed a dangerous dereliction
of Canada's international agreements. The government's position rests
on its stated proposition that the need to share information between
states within the context of national security supersedes the
consideration of human rights, including protection from torture.
Commissioner Iacobucci has a singular opportunity to right the wrongs
committed against these three Canadians, and to remedy the imbalance
between security interests and human rights. Such a decision could
begin to address the infirmity that has afflicted this country, making
clear that respect for human rights is essential to the achievement of
peace and security and, in the process, steering Canada back to the
path it has long travelled as a champion of human liberties.
It is surprising that Canada's narrow preoccupation
with security and secrecy has been allowed to go on with impunity.
Public indignation and parliamentary attention have been in short
supply. There has not been the kind of legal challenge to these
transgressions that has recently marked efforts in the U.S., even
though our Charter gives us a solid basis for judicial action.
The time has come for Parliament in its minority
status to take a stand and call for a major overview, review and
assessment of how our security laws are eroding the Charter of Rights,
our international commitments and our global standing.
A more open and transparent process at the
Iacobucci inquiry would go a long way toward informing that
assessment, as would proper diplomatic efforts to give Mr. Abdelrazik
the full protection of Canadian law and due process.
It is time that Canadians understood the need for
effective treatment - before this virus gets out of control.