Resolution adopted by the Central Committee, Communist Party of Canada, Dec. 8‑9, 2007

The Communist Party of Canada condemns the Conservative government's Bill C‑3 as a move to reintroduce "security certificates," one of the key so‑called "anti‑terrorism" procedures which trample on civil liberties and democratic rights in Canada.

     Last February, the Supreme Court of Canada unanimously ruled that "Security Certificate" provisions violate the Canadian Charter of Rights and Freedoms, which states that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Security Certificates allow the Canadian state to indefinitely imprison foreign nationals as "suspected terrorists" who are not even allowed to hear the case against them. In the wake of the February 2007 ruling, most of the five men detained under Security Certificates ‑ Hassan Almrei, Mohammad Mahjoub, Mahmoud Jaballah, Mohamed Harkat and Adil Charkaoui ‑ have finally been released from "Guantanamo North" (the Kingston Immigration Holding Centre), but only under extremely restrictive bail conditions, including onerous house arrest rules.

     Unfortunately, rather than abolish Security Certificates, the Supreme Court gave Parliament one year to adopt a procedure which does not violate the Charter. Eight months later, the Harper Conservatives have done what they consider the bare minimum necessary to meet the Court's requirements to protect the legal rights of accused persons. C‑3 would create "special advocates", a category of lawyers allowed to see the secret evidence against accused detainees, and to apply to a judge for permission to meet with these clients, but still without the ability to disclose the details of the accusations to detainees. In a transparent move to weaken potential opposition to C‑3, the Conservatives have introduced the legislation first into the Senate rather than the House of Commons, counting on the willingness by many Liberal Senators to support measures which remove or restrict civil liberties and democratic freedoms.

     The Communist Party of Canada joins with many other organizations which continue to campaign for an end to state attacks on the rights of immigrants and foreign nationals living in Canada. We demand the withdrawal of C‑3 and the abolition of "security certificates" in any form, since these measures constitute an unacceptable removal of human rights and civil liberties for racialized minorities in Canadian society. We demand immediate freedom from all conditions for the five security certificate detainees, who must receive fair and open trials. We call for an end to deportation proceedings against the five; no more deportations to torture; and closure of Guantanamo North.

     The Conservative government, with the support of many Liberals, is attempting to make the widespread violation of civil liberties and democratic rights an "acceptable norm". This process of scapegoating certain sections of society undermines and weakens the rights of all who live in Canada, including workers, Aboriginal peoples, immigrants and other racialized groups, and opponents of the right‑wing policies being carried out by neoliberal governments in the interests of the big corporations. Make no mistake ‑ if "security certificates" are not abolished, this scope of this draconian measure will eventually be expanded to allow the state to arbitrarily imprison Canadian citizens on the basis of "secret evidence" and accusations.

     This attack must be resisted by every supporter of democracy and freedom. We urge all parties in Parliament to reject C‑3 as an unacceptable attempt to preserve the Security Certificate regime. If C‑3 is adopted by Parliament, it must be contested in court as contrary to the Charter of Rights and Freedoms. Leading up to and during the federal election expected in the near future, every possible pressure must be brought to bear against MPs and Senators who support C‑3, and then to defeat the Harper Tories, the driving force behind this attack on civil rights and democratic liberties.