"Did the Supreme Court strike down the old law only so that a dangerously similar new law could take its place? Bill C-3 is still fundamentally unjust, discriminatory and in violation of the Canadian Charter of Rights and Freedoms," declared Elmenyawi.
MCM demands that the government request an extension of the February 23, 2008 deadline, in order to allow the Bill to be adequately debated and to give the public a chance to voice their concerns. MCM notes that the Supreme Court has granted extensions in similar situation in the past.
We also urge the government to seriously take into consideration the following issues before moving forward, in order to correct the more egregious flaws this bill would maintain and to uphold fundamental justice:
- An extension to the deadline to pass the Bill is required, as community organizations were not given the chance to be heard in the public hearings.
- In introducing a "special advocate" the government should, minimally, avoid repeating the mistakes that have already been made and recognised in the United Kingdom. Otherwise, it will not advance the cause of justice and will be of a very little benefit in protecting the constitutional rights and freedoms of the person named in the Certificate.
- The Bill allows for the use of secret evidence, the use of foreign evidence (often obtained under torture), the use of summary evidence and intelligence reports based on vague assessments, the use of hearsay, newspaper clippings and other sources of unreliable information, all of which are used to raise suspicions against the defendants and unfairly uphold the security certificates against them. Such practices must be banned.
- The Bill maintains a very low standard of proof to uphold the Certificate (essentially, reasonable suspicion). This low standard of proof cannot be tolerated in a matter that holds such serious and severe consequences for the innocent, including associating them with terrorism, stigmatizing them and putting their life and that of their family at risk. It is imperative that the standard of proof be raised to the same level used in criminal cases.
- Under the proposed bill, deportation to torture continues to be a possibility. This is unacceptable, especially in Canada. Deportation to torture must be clearly banned in the new bill.
- Under the proposed bill, indefinite loss of liberty (imprisonment, house arrest or preventive conditions) continues to be a possibility. This possibility must be clearly banned in the new bill.
- To avoid the flaws of the old bill, the Parliamentary Committee must recommend that the new bill respects natural justice and due process, such as the right to a full appeal, the right to know the precise charges against one, the right to impartial and transparent hearing, the right to know the evidence against one, the right to properly test and cross-examine the evidence, the application of fair rules of evidence, the right to be presumed innocent until proven otherwise, and the right to full and complete defence.
- The parliament must fully implement the recommendations of Justice Dennis O'Connor, in the Arar Commission. Furthermore, the parliament must promptly move to establish a system of proper checks and balances to prevent the mistakes made by Canadian security agencies from re-occurring and to avoid the use of racial and religious stereotyping.
We believe that properly addressing the above issues will go some distance towards helping to restore the appearance and operation of justice and therefore strengthen our national security. It is imperative to protect the appearance of justice by respecting fundamental justice and by the implementation of the proper checks and balances to encourage self-policing and to avoid putting our justice system to disrepute.
The Muslim Council of Montreal (MCM) is an umbrella organization representing a number of Islamic institutions in the Montreal region. There are over 175,000 Muslims in Montreal, about 825,000 in Canada and 1.5 billion worldwide.
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MCM reprimands the government for presenting a new bill that is merely a rehash of the old Security Certificate law with few changes, such as the introduction of a "special advocate." MCM believes that these changes do not meet the basic minimum requirements for fundamental justice as ordered by the Supreme Court Justices, who abolished the original security certificate law last year, declaring it unconstitutional.
MCM further censures the government for rushing to pass the Bill through Parliament, without giving community organizations a chance to participate in the hearings of the Public Safety Committee.
- An extension to the deadline to pass the Bill is required, as community organizations were not given the chance to be heard in the public hearings.
- In introducing a "special advocate" the government should, minimally, avoid repeating the mistakes that have already been made and recognised in the United Kingdom. Otherwise, it will not advance the cause of justice and will be of a very little benefit in protecting the constitutional rights and freedoms of the person named in the Certificate.
- The Bill allows for the use of secret evidence, the use of foreign evidence (often obtained under torture), the use of summary evidence and intelligence reports based on vague assessments, the use of hearsay, newspaper clippings and other sources of unreliable information, all of which are used to raise suspicions against the defendants and unfairly uphold the security certificates against them. Such practices must be banned.
- The Bill maintains a very low standard of proof to uphold the Certificate (essentially, reasonable suspicion). This low standard of proof cannot be tolerated in a matter that holds such serious and severe consequences for the innocent, including associating them with terrorism, stigmatizing them and putting their life and that of their family at risk. It is imperative that the standard of proof be raised to the same level used in criminal cases.
- Under the proposed bill, deportation to torture continues to be a possibility. This is unacceptable, especially in Canada. Deportation to torture must be clearly banned in the new bill.
- Under the proposed bill, indefinite loss of liberty (imprisonment, house arrest or preventive conditions) continues to be a possibility. This possibility must be clearly banned in the new bill.
- To avoid the flaws of the old bill, the Parliamentary Committee must recommend that the new bill respects natural justice and due process, such as the right to a full appeal, the right to know the precise charges against one, the right to impartial and transparent hearing, the right to know the evidence against one, the right to properly test and cross-examine the evidence, the application of fair rules of evidence, the right to be presumed innocent until proven otherwise, and the right to full and complete defence.
- The parliament must fully implement the recommendations of Justice Dennis O'Connor, in the Arar Commission. Furthermore, the parliament must promptly move to establish a system of proper checks and balances to prevent the mistakes made by Canadian security agencies from re-occurring and to avoid the use of racial and religious stereotyping.
We believe that properly addressing the above issues will go some distance towards helping to restore the appearance and operation of justice and therefore strengthen our national security. It is imperative to protect the appearance of justice by respecting fundamental justice and by the implementation of the proper checks and balances to encourage self-policing and to avoid putting our justice system to disrepute.
The following is a list of the members of the Public Safety Committee:
Garry Breitkreuz
Conservative: Yorkton-Melville, SK
Tel: (613) 992-4394
Fax: (613) 992-8676
Email: Breitkreuz.G@parl.gc.ca
Hon. Roy Cullen
Liberal: Etobicoke North, ON
Tel: (613) 995-4702
Fax: (613) 995-8359
Email: Cullen.R@parl.gc.ca
Penny Priddy
NDP: Surrey North, BC
Tel: (613) 992-2922
Fax: (613) 992-0252
Email: Priddy.P@parl.gc.ca
Hon. Sue Barnes
Liberal: London West, ON
Tel: (613) 996-6674
Fax: (613) 996-6772
Email: Barnes.S@parl.gc.ca
Bonnie Brown
Liberal: Oakville, ON
Tel: (613) 995-4014
Fax: (613) 992-0520
Email: Brown.B@parl.gc.ca
Gord Brown
Conservative: Leeds-Grenville, ON
Tel: (613) 992-8756
Fax: (613) 996-9171
Email: Brown.G@parl.gc.ca
Hon. Ujjal Dosanjh
Liberal: Vancouver South, BC
Tel: (613) 995-7052
Fax: (613) 995-2962
Email: Dosanjh.U@parl.gc.ca
Dave MacKenzie
Conservative: Oxford, ON
Tel: (613) 995-4432
Fax: (613) 995-4433
Email: MacKenzie.D@parl.gc.ca
Colin Mayes
Conservative: Okanagan-Shuswap, BC
Tel: (613) 995-9095
Fax: (613) 992-3195
Email: Mayes.C@parl.gc.ca
Serge Ménard
Bloc Québécois: Marc-Aurèle-Fortin, QC
Tel: (613) 992-2617
Fax: (613) 992-6069
Email: Menard.S@parl.gc.ca
Rick Norlock
Conservative: Northumberland-Quinte West, ON
Tel: (613) 992-8585
Fax: (613) 995-7536
Email: Norlock.R@parl.gc.ca
Ève-Mary Thaï Thi Lac
Bloc Québécois: Saint-Hyacinthe-Bagot, QC
Tel: (613) 996-4585
Fax: (613) 992-1815
Email: ThiLac.E@parl.gc.ca
The Muslim Council of Montreal (MCM) is an umbrella organization representing a number of Islamic institutions in the Montreal region. There are over 175,000 Muslims in Montreal, about 825,000 in Canada and 1.5 billion worldwide.
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Montreal, Quebec, October 23rd, 2007- The Muslim Council of Montreal (MCM) calls on the Canadian Parliament to reject the new government's Security Certificate Bill C-3, which is a rehash of the old Security Certificate law with few changes, such as the introduction of the "special advocate." MCM stated today that these changes do not meet the basic minimum requirements for fundamental justice as ordered by the Supreme Court Justices, who abolished the original security certificate law, declaring it unconstitutional in a unanimous ruling earlier this year.
"Security certificates are an affront to the Canadian Charter of Rights and Freedoms," said Salam Elmenyawi, president of MCM. "Global terrorism must be fought, but we must make clear that secret court hearings, secret undisclosed evidence, indefinite detention and deportation to torture are not part of the fight against terrorism. These acts are themselves a threat to our safety and are an attack on freedom."
Adding the special advocate as a fix to such a flawed process would be nothing more than a fig leaf to cover up the lack of fundamental justice. Furthermore, the Chief Justice Beverly McLachlin wrote in the judgment: "The right to a fair hearing comprises the right to a hearing before an independent and impartial magistrate who must decide on facts and the law, the right to know the case put against one, and the right to answer the case."
How can we ensure the viability of this process if everyone who will be able to see the evidence is not accountable to the accused and would have to be approved by CSIS, who is the complaining party and the initiator of the Certificate at the first place, while the accused is prevented any access or intervention?
"National security is a matter that concerns us all," Elmenyawi said. "However the rule of law is the bedrock of our society and the foundation of our democracy, we cannot stay silent when fundamental justice is abandoned and when the rule of law is ignored."
MCM urges our government to rethink the Security Certificate as a solution for our immigration process or the Security of our Country. If we accuse anyone of connection to terrorism let us apply the criminal code.
"As Canadians we have a high regard for our laws and respect for our justice system," said Salam Elmenyawi, president of MCM. "We hope Mr. Jaziri will be treated fairly and in a transparent manner, especially in light of the controversies surrounding his case. We call on the Canadian government to ensure his rights for a fair trial, due process and natural justice, and that his fundamental human rights are upheld at all costs."
MCM asks the media to exercise caution in the handling of Mr. Jaziri's case, and to keep in mind that Mr. Jaziri's detention is related only to his immigration case in Canada.
The Canadian Arab Federation (CAF) and number of Islamic organisations are in support of this statement.
MCM announces Eid is on Saturday, October 13th.
Eid Mubarak to you and yours.
The moon has not been sighted anywhere, and according to the agreed upon criteria, MCM Imams' committee announced at 10:00 pm, tonight that tomorrow is the 30th of Ramadan and thus the Eid would be on Saturday, October 13th, 2007.
On behalf of MCM, I would like to take this opportunity to wish you all a happy and blessed Eid ul-Fitr, may Allah Taala Bless you and yours. And may HE accepts our Syaam, Qyam, recitations of the holy Quran, and all our good deeds in this holy month of Ramadan; and may HE grant us all our good wishes, and forgive us our shortcomings. Ameen.
]]>Please do not forget to make special duaa to all our brothers and sisters around the world.
Best wishes, wa assalamou alaikoum
Muslim Council of Montreal
"Fostering peace and goodwill in the community is the collective responsibility of all citizens," said Salam Elmenyawi, president of MCM. "We hope this Open House weekend will be a means to open the channels of communication and build bridges of understanding and respect."
]]> Please find attached a detailed list of all mosques participating in the Open House. Presentations will be set up at the mosques and volunteers will be on hand to answer visitor's questions. Free literature and refreshments at sunset will be available.As the mosque is a religious institution, visitors are requested to dress modestly and remove their shoes when entering the prayer room.
WHAT:MOSQUE OPEN HOUSE
WHERE:NUMEROUS MONTREAL AREA MOSQUES: (List of the participating Mosques)
WHEN:Saturday September 22 and Sunday September 23, 2007, from 12:00 am to 7:00 pm.
CONTACT:
Salam Elmenyawi
Muslim Council of Montreal (MCM)
Tel: (514) 748-8427
Fax:(514) 747-9139
E-mail: info@muslimcouncil.org
The moon has not been sighted anywhere, and according to the agreed upon criteria, MCM Imams' committee announced at 10:00 pm tonight that Ramadan starts on Thursday, September 13th, inshaa Allahi Taala.
Furthermore, this decision was unanimous in all of Montreal and in total unity, wa alhmdou lillah. Congratulation.
Wa assalamou alaikoum
Muslim Council of Montreal
The MCM will also form alliances with other ethnic and religious communities as well as groups representing the disabled, women and others to ensure that the Commission focuses on the issues in a manner that is balanced, inclusive and faithful to its original mandate.
Many speakers discussed concerns and problems with the Commission's consultation document which include:
* An obvious bias towards the French Canadian majority and a disregard of the concerns and views of ethnic and religious minorities in Quebec;
* A failure to provide a historical perspective on discrimination, intolerance and successful experiences in accommodation of ethnic and religious differences in Quebec;
* An exclusionary view of Quebec that excludes Aboriginal peoples and anglophones and that further balkanizes society along ethnic and geographical lines;
* A failure to properly explain reasonable accommodation as a legal concept to avoid discrimination not only against ethnic and religious minorities, but also against women, the disabled and seniors; and
* An excessive focus on immigrant integration while the Commission's mandate is specifically about reasonable accommodation and other practices related to diversity in broader terms.
Participants also expressed serious reservations about the Commission's consultations which will begin this Fall in regions outside Montreal first before holding public meetings in Quebec's largest city. According to many, this process will create a stacked deck against minorities, most of whom are in Montreal and that French-language media will further fan the flames of anti-immigrant sentiments and racism throughout the province before Montrealers will have a chance to express their opinions.
According to MCM President Salam Elmenyawi, "There are very serious and deep concerns about how the social climate in Quebec has evolved in recent months, to the point where Muslims and their non-Muslims friends not only feel like second-class citizens, but that they have been also the main target of racism and xenophobia."
"Many Muslims want to participate but hesitate because the process not only seems biased, but the way the Commission is made up and addresses the issues lets them feel that it is futile. However, after today's meeting, we feel less marginalized and we will work in partnership with Quebecers of all origins to ensure that the Commission addresses the real issues in a more balanced way," he added.
Acting on today's recommendations, the MCM will join other groups in the coming days to meet with the Commission and ask it to change its consultation's process and issue other consultation documents that better reflect minority groups' concerns.
MCM holds national security and public safety as a top priority, yet it warns the government that the enforcement of a no-fly list will not help to make the country a safer place.
“Mr. Harper has a lot of questions to answer. If these individuals are considered to be too threatening to fly on a plane, then why are they walking around freely in the streets? If the RCMP has evidence that these individuals are terrorists, then why are such people not charged? And if there is no evidence, then why are their names on this list?”
MCM warns all Canadian Muslims to exercise caution at the airport. Any victims of the Passenger Protect Program or racial profiling at the airport are urged to contact MCM immediately.
Montreal, Quebec, June 18, 2007- The Muslim Council of Montreal (MCM) condemns the targeting and racial profiling of Canadian Muslims by airport and border officials. Dr. Munir El-Kassem, a Canadian Muslim leader was recently detained, fingerprinted and interrogated for hours at a Detroit airport.
“Dr. Kassem is an exemplary Canadian citizen. In addition to being a well-respected Canadian Muslim leader who is very active in the field of inter-faith work, he is the director at the University of Western Ontario’s Schulich School of Medicine and Dentistry. Canada has been his home for many years now and he has never done anything to deserve such derogatory treatment.”
MCM strongly urges all Canadian Muslims who have been victim of racial profiling or harassment at the border to report their experiences immediately to MCM.
“When someone experiences such treatment, it is natural to be forced into silence by fear and intimidation, but it is crucial to report such occurrences and make the Canadian government aware of what is happening to Canadian citizens when they travel,” Elmenyawi said. “We are all Canadian citizens and we all deserve the protection of our government and the right to be treated respectfully and equally.”
]]>MCM laments the manner in which the recent debate over reasonable accommodation was carried out in the province of Quebec and believes the hysteria created by certain French media outlets served to increase hostility and fear towards minority groups.
“People became afraid of differences, they became suspicious of their neighbours. The government and the media have a responsibility to fight racism and discrimination and to defend the rights and freedoms of all citizens. They should not have taken part in setting the stage for the institutionalization of discrimination against minorities in Quebec,” Elmenyawi said.
MCM asks all visible minorities to take increased care of their safety and well-being, especially during summer travels to new places. MCM also reminds everyone to be swift in reporting any hate crimes, attacks or harassment they may be victim of, in order to properly document the occurrences and follow up with the authorities.
]]>Rosina Kamis
Former Malaysian Taekwondo player
MCM thanks Mr. Stephen Harper and Mr. Peter MacKay for all their efforts thus far in advocating on behalf of Mr. Celil. MCM trusts the Canadian government will continue to pressure Chinese authorities to uphold justice and release Mr. Celil.
“We should not be forced into silence in fear of jeopardizing trade relations,” Elmenyawi said. “This is not a matter of money, it is a matter of human life. We will continue to speak out and protest until Mr. Celil is released. He has already suffered much persecution at the hands of the Chinese government and we must not allow this oppression to continue any longer. We urge Mr. MacKay, who is traveling to China this week, to press the Chinese government to secure the release of Mr. Celil.”
Huseyin Celil fled from China’s persecuted Uighur Muslim community to Canada in 2001. He was detained while visiting Uzbekistan in March 2006 and illegally extradited to China, where he was recently sentenced to serve life in prison.
]]>Dear editor,
I am a Tae Kwon Do master and a former international champion. Before coming to Canada, I was a former member of the Egyptian national team. I currently teach martial arts in the Physical Education and Kinesiology Department at McGill.
It is worth noting that my teammate, former world champion and WTF hall of fame member, Marwa Elhamy, wore the scarf in all her matches. In 1997, Marwa won the gold medal in the Fin weight division in the World Tae Kwon Do Cup. She was inaugurated in the WTF hall of fame in 1998: http://www.wtf.org/site/hall/winners.htm.
The scarf was not invoked as a safety concern back then.
Cheers,
Omar Ashour, PhD Candidate
Lecturer
Department of Kinesiology and Physical Education
Faculty of Education
McGill University
I wish to write to show my unequivocal admiration and support for Zeinab Nasser and Bissan Mansour, their coach, their team, families and community. The courage these two girls have recently displayed is tremendous and should be a source of pride for any person/community seeking justice and the practice of human rights.
]]> First, I would like to say that I am 29 year-old woman of French-Canadian descent. For the past five generations, my family has lived in Western Canada, and as a result has fought many battles to practice our culture and speak our language outside Quebec, not to mention the many historical struggles as Acadians and Quebecois. That said, words cannot express my grave disappointment that it is Quebecois, my brothers and sisters in the struggle for cultural and linguistic rights in Canada, who have denied the girls their rights to practice their faith and their sport.Under the guise of "safety," and "mandatory application of regulations," the Quebec Tae-Kwon-Do federation has acted in a racist and ethno-centric manner. This is a harsh description that the organization certainly does not want to hear, but it is unfortunately very accurate. And what makes it so accurate, is that the decision to disallow Muslim women's harmless external practice of faith during play was rendered with narrow and ignorant analysis.
French-Canadians should intuitively know that rules are not always just and that rules should be open to review and re-evaluation in efforts to make them just. Noting the rules that prevents scarves under helmets, and noting the team's participation, the referees and M. Jean Faucher should have immediately looked to review and re-evaluate the rules rather than blindly apply them.
However, from what I have read, they did not do this. Instead they claimed that Muslim women endanger themselves if they choose to practice Tae-Kwon-Do and wear the hijab simultaneously. International referee Stephane Menard went even further suggesting that hijab is akin to equipment when he said "the equipment that is allowed under the World Taekwondo Federation rules doesn't include the hijab" (Toronto Star, April 15).
This displays the level of ignorance that permeates throughout the organization. Rather than seeking information on a spiritual practice with which they are clearly unfamiliar, the leadership in this situation chose a path of arrogant ignorance when they decided that the rules as they currently stand were the only means to determine safety. They forgot that the rules were not written by Muslim women, nor did they have any input from Muslim women, so therefore were unlikely to take into consideration the safety concerns and practicalities for Muslim women and girls. Simply put, the leadership of the Quebec Tae-Kwon-Do Federation and its referees simply did not have the qualifications to speak on behalf of Muslim women, nor to make such a determination in isolation of Muslim women's input. Indeed, had they sought input from the Muslim community, and had they sought to meaningfully understand the practice of wearing hijab, they would have seen this excellent opportunity to increase Muslim women's participation in the sport and foster cultural understanding and diversity within the Tae-Kwon-Do community. Instead, they chose to shun what they do not know and act out of fear of difference, or "safety" as they put it.
Men have been defining "safety for women" for too long. Both Zeinab and Bissan, along with soccer-player Asmahan Mansour from Ottawa, are very courageous to step forward and define safety in their terms. It is no small step to declare that sports designed by and for men have to alter the rules to include the significant participation of women in all their diversity. Challenges for social justice are huge endeavours; they are emotionally, mentally and physically consuming. To put it more eloquently, they are a big deal.
But nothing important is ever easy. So while it is extremely disappointing that the young women trained so hard only to be systematically barred from competing, their training is not for nothing. Along with many other aspects of their lives, Tae-Kwon-Do has helped to prepare them for the challenging task of standing up for themselves, their rights, the rights of others, and also the task of challenging racism.
As a Canadian, I am incredibly proud of Zeinab and Bissan. Willing to take on such a challenge at their age is inspiring. On the other hand, I find the Quebec Tae-Kwon-Do Federation's actions --falling in line with the Quebec Soccer Association, IFAB and the current tide of racism and sexism towards Muslims— embarrassing and disheartening.
In short, I hope this letter has effectively communicated that the girls and their community have support and appreciation from other Canadians. I just wanted to let them know that there are people from every corner of the country who care about them and their choice to keep their hijab on, and who also choose to overcome ignorance by learning about the world's vast cultures that make Canada multiculturalism so beautiful.
Sincerely,
Michelle Mungall
Victoria BC
CC: Council on American-Islamic Relations CANADA (CAIR-CAN)
Dr. Mohamed Elmasry, National President, Candian Islamic Congress
Master Clint Norman, President , Canadian Taekwon-Do Federation International
Quebec Tae-Kwon-Do Federation