UN Security Council Resolution 1267 (amended by subsequent resolutions) creates an international ‘watch list’ of individuals associated with the Taliban or Al Qaida. Listed individuals are subjected to sanctions including a global asset freeze and global travel ban.
UN 1267 has been internationally criticized as “Kafkaesque” because it provides no appeal, it is very difficult to be de-listed. The EU has struck down domestic legislation implementing UN 1267 for breaching fundamental rights including the right to be heard in a court of law and the right to property. The CCLA is concerned that Canada’s implementing regulations could similarly breach constitutional rights.
Abousfian Abdelrazik, a Canadian citizen, was placed on the UN 1267 list in 2006. He is subject to the Canadian Regulations and his assets are frozen, he cannot travel, and he cannot receive funds or property. Canada requested the delisting Mr. Abdelrazik in 2007, but the request was refused by the UN 1267 Committee without reasons.
His lawyers have brought an action in Federal Court asking that the Regulations be declared of no force and effect because they violate the Charter (ss. 2(d), 7), and the Canadian Bill of Rights (ss. 1(a), 2(e)). CCLA will keep you posted.
