Dear CCLA supporter,
As Canada mourned Jack Layton, we were reminded of the importance of public service and dedication to democratic ideals. With Parliament returning, CCLA is ready to engage with the range of issues that face the country in the coming months.
But first, we pause to acknowledge that ten years ago, the terrorist attacks on the World Trade Centre in New York and on Washington had many repercussions. In response to the tragedy, the Antiterrorist Act was enacted in Canada. We have had preventative detentions and deportations, the torture of Maher Arar and an expanded security apparatus that continues to shape our lives. Read CCLA’s assessment of the impact of the Antiterrorist Act in this ebulletin.
We always enjoy your comments. Do not hesitate to write on our Facebook page or on the Rights Watch blog.
Nathalie Des Rosiers
In this issue:
- CCLA Marks the 9/11 Anniversary
- CCLA to Speak at Mexican National Transparency Week
- A few of Our Upcoming Court Interventions
- Canadian Lawyer Magazine Recognizes Nathalie Des Rosiers as a Top 25 Most Influential Lawyer
CCLA Marks the 9/11 Anniversary
Ten years after the attacks, the powerful legacy of 9/11 endures. Our American neighbours, in particular, have see dramatic changes in legislation that has changed the shape and face of policing and law enforcement: the Patriot Act, the creation of the Department of Homeland Security, increased profiling, surveillance and the erosion of due-process rights are some of the changes that have affected the United States.
As an ally of the United States and its biggest trading partner, Canada has also seen some significant changes in its law and regulations, to deal with the threat of terrorist attacks since 9/11: anti-terrorism legislation which undermines individual rights, increasingly invasive border security, and the development of mechanisms to intensify information sharing between Canadian and U.S. authorities. The Canadian Civil Liberties Association has been at the forefront of analyzing the civil liberties implications of these new policies, and advocating for the respect of the Charter of Rights and Freedoms and other key national and international legal instruments. While CCLA acknowledges that dealing with terrorist threats is an essential function of the government, the protection of rights, freedoms and liberties is equally critical.
Canada has been implicated in crises that raise serious questions about our key democratic values — habeas corpus, due process, presumption of innocence, freedom from torture, accountability and redress, right to know and challenge the case against you, natural justice and fairness, equality — once thought to lie at the heart of our constitutional order and our international legal commitments.
CCLA has consistently taken the position that civil liberties and human rights are necessary prerequisites to effectively fight, prosecute, and punish terrorist acts.
>> On border security, CCLA submitted its written and oral concerns to the newly-formed Beyond the Border Working Group (BBWG). The BBWG is tasked with implementing the vision articulated by Prime Minister Stephen Harper and U.S. President Barack Obama in February 2011 “Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness.” This Declaration committed both nations to “the pursuit of a shared approach to strengthening perimeter security and accelerating the legitimate flow of people, goods and services between the two countries.”
CCLA is pleased that many of its main concerns with regards to the protection of privacy and individual rights in the context of border security have been included in the BBWG’s recent report. To read the report, click here.
>> CCLA is marking the 9/11 anniversary with an exceptional event in Toronto next Wednesday September 7th, from 6:30 to 8:00 p.m. “9/11 Ten Years On: Implications for Canada“. We’re pleased to announce that this event will be taped by CPAC (Cable Public Affairs Channel), for future broadcast and for their online archive (video on demand).
Four civil liberties lawyers who have been at the forefront of the fight and debate over national security and civil liberties will engage in a panel discussion for 60 minutes, and answer audience questions for 30 minutes: Nathalie Des Rosiers (Canadian Civil Liberties Association), Jameel Jaffer (ACLU New York), Paul Champ (Counsel – Afghan Detainees, Abdelrazik, Benatta), Lorne Sossin (Dean, Osgoode Hall Law School).
To register, please click here. For more information, click the poster below:
CCLA to Speak at Mexican National Transparency Week
This year Canada will be the featured country at Mexican National Transparency Week and Canada’s Information Commissioner has been invited to co-host this event with her Mexican counterpart. The theme of the week is “Strong State, Transparent State”. CCLA has been invited to participate and Cara Zwibel, Director of CCLA’s Fundamental Freedoms Program, will be speaking at the three-day conference to be held in Mexico City September 7-9, 2011. Cara is slated to speak at a panel about transparency and civil society and will highlight some of the ongoing concerns with Canada’s current approach to access to information and open government.
A few of Our Upcoming Court Interventions:
Fundamental Freedoms Program
Saskatchewan Human Rights Commission v. William Whatcott
This case concerns the constitutionality and interpretation of the hate speech provisions of the Saskatchewan Human Rights Code and the extent to which those provisions can limit the expression of people distributing flyers. CCLA is intervening to argue that the hate speech provisions are unconstitutional as unreasonable limits on the right to freedom of expression. We thank Andrew Lokan and Jodi Martin of Paliare Roland Rosenberg Rothstein LLP who will be representing the CCLA in this case, which is to be heard at the Supreme Court of Canada on October 12, 2011.
Pridgen v. University of Calgary
This case considers whether a university can discipline students for online speech. In this case, students were placed on academic probation for writing critical comments about one of their professors on Facebook. CCLA is intervening to argue for the free speech rights of students. We thank Colin Feasby, Thomas Gelbman and Piotr Bychawski of Osler, Hoskin & Harcourt LLP who are representing CCLA in this case. It is to be heard by the Alberta Court of Appeal on November 9, 2011.
Lund v. Boissoin et al.
This case considers the extent to which Alberta human rights law can limit a homophobic letter to the editor. CCLA is intervening to argue that the relevant provisions should be read in a way that does not infringe freedom of expression. We thank Janet McCready of Peacock Linder & Halt LLP who will be representing CCLA in this case. The appeal will be heard by the Alberta Court of Appeal on December 7, 2011.
Warman v. Lemire:
This case involves a challenge to the hate speech provisions of the Canadian Human Rights Act. CCLA is intervening to argue for an approach that protects and promotes freedom of speech. We thank Andrew Lokan and Jodi Martin of Paliare Roland Rosenberg Rothstein LLP who will be representing CCLA in this case. It is to be heard at the Federal Court of Canada on December 13 and 14, 2011.
Public Safety Program
R. v. Ward and R. v. Cuttell
CCLA has been granted leave to intervene in R. v. Ward and R. v. Cuttell. These appeals will determine whether it is constitutionally permissible for police to access information that can expose an anonymous Internet user’s on-line activities without first obtaining a warrant. We thank Professor James Stribopoulos of Osgoode Hall law school who will be representing CCLA in this case, which will be heard by the Ontario Court of Appeal on January 12, 2012.
R. v. Tse
CCLA has been granted leave to intervene in R. v. Tse, et al. This appeal will determine the constitutionality of the Criminal Code’s “warrantless wiretap” provisions, which allow police to conduct privacy-invasive electronic surveillance without judicial authorization. We thank Christopher Wayland and Michael Rosenberg of McCarthy Tétrault LLP who will be representing CCLA in this case, which will be heard by the Supreme Court of Canada on November 18, 2011.
Schaeffer, et al. v. Wood, et al.
CCLA has been granted leave to intervene in Schaeffer, et al. v. Wood, et al. This appeal will address both the scope of “public interest standing” before courts and the rights and obligations of police officers involved in an investigation by Ontario’s Special Investigations Unit, which probes police incidents that result in death or serious injury. CCLA will be represented by Wendy Wagner and Ryan Kennedy of Gowlings LLP, which will be heard by the Ontario Court of Appeal on September 7, 8 & 9, 2011.
National Security Program
Kazemi v. Iran et al.; Iran et. al. v Hashemi
CCLA has been granted leave to intervene in Kazemi v. Iran et al.; Iran et. al. v Hashemi, both cases being will be heard jointly before the Quebec Court of Appeal. The issues in this case concern whether the Charter mandates that the State Immunity Act be interpreted in a way that does not give foreign states immunity for acts of torture. We thank Chris Wayland and Simon Chamberland of McCarthy Tetrault LLP, who are representing CCLA in this case. The hearing date has not yet been set.
Canadian Lawyer Magazine Recognizes Nathalie Des Rosiers as a Top 25 Most Influential Lawyer
The Canadian Civil Liberties Association is pleased to announce that Nathalie Des Rosiers, general counsel, has been named one of Canada’s Top 25 Most Influential Lawyers by Canadian Lawyer magazine.
The magazine says “The Top 25 Most Influential is not just about bright stars, big deals, or number of media mentions — although those may play a part. What sets our list apart is that we have endeavoured to select the most influential within the profession over the last 18 months. For instance, some lawyers may get the billion-dollar deals but may not have influence in other areas. It’s about respect, ability to influence public opinion, and help shape the laws of this country; contribution to the strength and quality of legal services; and social and political influence and involvement.”
CCLA congratulates Ms. Des Rosiers, as well as the other most influential lawyers, for this well-deserved honour.
