Security Certificates and Detention: the government responds

In mid-July, the government issued its response to the Parliamentary Committee on Public Safety’s sub-committee report on the Anti-Terrorism Act and security certificates. It affirms the government’s intention of continuing to use security certificates. Although the Supreme Court’s central finding in the Charkaoui case was that the security process violates the Canadian Charter of Rights and Freedoms, the report suggests that the Court simply ruled that “the Government could do more to protect the rights of the individual”. The report also states that the government is continuing to review the idea of a ‘special advocate’ procedure and will table legislation on this issue in the near future.

In late August, the government also issued its response to the Parliamentary Committee on Citizenship and Immigration’s report on detention conditions for security certificate detainees. The response rejects most of the recommendations, including significant ones such as using criminal prosecutions rather than immigration procedures, having the Correctional Investigator oversee the Kingston facility, and having a complaints mechanism for Canada Border Services Agency (CBSA). The government reported some changes in line with recommendations such as: improved telephone access, better canteen facilities, and suspending the head count. The only recommendation it welcomed is the call for adequate resources for police and intelligence services.

The government response to the report on the Anti-Terrorism Act and security certificates response is available at: http://tinyurl.com/2ylkq8

The government response to the Standing Committee on Citizenship and Immigration’s report on security certificate detention is available at: http://tinyurl.com/2bctk4

The CCR has published a position in follow up to the Charkaoui decision, available at http://www.ccrweb.ca/documents/Certificates07.pdf

For media coverage of the report on the Anti-Terrorism Act and security certificates, see:
‘Tories launch bid to restore anti-terror powers’, The Globe and Mail, 19 July 2007. Available online at: http://tinyurl.com/2sfs8t

For media coverage of the report on security certificate detention, see:
‘Sex, cooking not allowed for detained terrorism suspects’, The Globe and Mail, 28 August 2007. Available online at: http://tinyurl.com/28tcfc

-Canadian Council for Refugees E-Chronicle Vol. 2 #5, 4 September 2007