The Landmark Supreme Court Case and CSIS Terrorism
The Landmark Supreme Court Case and CSIS Terrorism
CSIS = CANADA’S EQUIVALENT OF THE CIA OR MI6
1) SUPREME COURT BEGINS LANDMARK TERRORI
SM CASE TODAY
2) EX OFFICER SAYS FERTILIZER ARRESTS WE
3) 1985: CSIS INVOLVED WITH BOMBING AIRLINER & DE
4) NEW ANOMALIES SURFACE
5) PREVIOUS ANOMALIES LINK
THE REASONS BEHIND THE CDN TERROR BUST?
A momentous, impending clash in the Supreme Court of Canada between national security and the rights of terrorism detainees has taken on even more significance since the arrest of 17 terrorism suspects.
Civil libertarians are looking to the Supreme Court as a last bastion of hope against governments and police forces they believe have reacted hysterically to security threats.
A three-day appeal -- the first major constitutional test of laws aimed at rooting out terrorists -- starts tomorrow and is expected to yield a blueprint for how the court sees fundamental human rights stacking up against the fear of terrorist attacks. "I don't see how we can expect our judges to be immune to this," Mr. Falconer said in an interview. "It isn't logical. I'm certainly concerned about it creeping into the quotient. Judges are not robots."
At the heart of this week's legal challenge are immigration security certificates that permits secret court hearings, undisclosed evidence and indefinite incarceration -- provisions once anathema to Canadians, but which the federal government is defending as indispensable weapons against modern terrorists. One of the key provisions under attack in the case allows the Crown to present key evidence in secret sessions with only the presiding judge present. The detainee and his legal representatives are given a bare-bones summary.
Federal lawyers plan to argue that evidence from foreign spy agencies is vital to the Canadian war against terrorism. Releasing this sensitive evidence would both dry up global information sources and give terrorists invaluable insights.
Thus far, certificates reviewed by lower courts have been judged "reasonable" -- a legal standard that critics claim is abysmally low. Moreover, a certificate-based deportation cannot be appealed once it has been found reasonable.
"I think the executive of this country has completely contaminated the independence of the judiciary by timing this in such as way as to create a complete frenzy . . . days before the Supreme Court hearings," said Rocco Galati, a lawyer who represents one of the accused terrorists.The cases are sure to test an oft-made claim by judges that no amount of adverse publicity can affect their resolve to render fair and impartial decisions.
Some in the Harper government have also periodically made plain their distaste for judges who measure legislation passed by parliamentarians and strike it down under the Charter. Should the court overturn portions of the security certificate procedure, it remains an open question whether the government will comply. Mr. Harper could invoke the Charter's notwithstanding clause to restore what his government sees as the proper balance between judges and legislators.
Noted immigration lawyer Barbara Jackman said most Federal Court judges lack a solid background in criminal or immigration law and display a blind trust in CSIS. She also alleged that CSIS blindly accepts what international spy agencies tell it, even though many allegations are bound to originate from individuals who were tortured or had an axe to grind. "I have never seen a CSIS officer who was not white. They are the last bastion of white, middle-class Canada.”
Government lawyers also say in their brief: "Treatment or punishment which is disproportionate or merely excessive is not 'cruel and unusual,' "
one former CSIS intelligence officer, who did not want to be identified, told The Hill Times last week that the arrests could have been done earlier instead of getting CSIS to watch them for the last two years and "nurture a training ground."
"Why wait until now? The Supreme Court is going to hear the certificate process. The service is battling the Arar situation where they're being told, 'What's secret information? Where are you getting it?'
I used to work there and we used to do the media spin to make ourselves look good. So why wouldn't that be a part of it? Why now when they've been on them for two years, oh yeah, apparently they bought the stuff [ammonium nitrate].
Apparently they knew so long in advance they were going to buy the stuff, the stuff was replaced with fake stuff, there wasn't even a threat. I'm not saying that these people didn't have the intent. All I'm saying is why are we putting so much resources and watching people when they should have been picked up a long time ago.
"Is there a political reason and is it possible the politicians have pushed the investigators to make the arrests now. They claim it's because they bought the ammonium. But how long did they have it? Did they buy last week? The week before? The day they were arrested?"
he was skeptical about the synopsis of allegations provided by defence lawyers last week, reported in the media. He suspects human sources infiltrated the group and said allegations over two years can "make a bunch of idiots" look like pros, especially if no one can question the data.
"I recall the service's approato intelligence collection when the Armenian situation was 'hot'. What the service claimed in documents such as affidavits, were training camps for Armenian terrorists turned out to be boy scout training, literally. However, after two years of investigating I imagine one can come up with loads of instances where people say things that, taken all together, might give the impression of something much more insidious and serious than it actually is. For anyone to believe that in this day and age it is possible to purchase three tons of a chemical known to be used to manufacture explosives without attracting attention from the authorities is blind," he said.
I can't help wondering why so many resources and so much attention is being given to a group of bumbling wannabes. They should have been arrested a long time ago, nipped in the bud, so to speak. But I imagine it makes for sensational reporting and kudos for security and law enforcement.
HILL TIMES IS ROUTINELY EXCELLENT
Canada suspects have no chance of fair trial: lawyer Seventeen men accused of planning al CIAduh-inspired attacks in densely populated southern Ontario stand no chance of a fair trial after prejudicial comments from police and the intelligence community, one of their lawyers said on Monday.
Terror suspects 'tortured' & Lawyers silenced
The allegations of "cruel and unusual punishment" came as the court imposed a blanket publication ban on the legal proceedings, preventing the public from learning of any further evidence in a case of stunning allegations that has captured headlines around the world.
Tiny solitary cells under constant illumination, a mere 20 minutes of fresh air daily, and beatings at the hands of guards are indicative of the "torture" endured by some of the 17 people accused of plotting terrorist attacks in Canada
1985: CSIS INVOLVED WITH BOMBING AIRLINER & DE
The bombing was the single largest terrorist attack before those of September 11 2001, and the largest mass murder in Canadian history. Air India Flight 182 was a Boeing 747 that exploded on June 23, 1985 above the Atlantic Ocean, south of Ireland; all 329 on board were killed.
Five months later the two men, Talwinder Singh Parmar and Inderjit Singh Reyat, were arrested. However, the case against Parmar turned out to be flimsy, and charges were dropped. Reyat was fined on a minor explosives charge. Reyat ultimately pleaded guilty to manslaughter in constructing the bomb used on Flight 182 and received a 5 year sentence.
THE CSIS AGENT
On November 6, 1985 the RCMP raided the homes of the suspected Sikh terrorists, … Surjan Singh Gill …. During an interview with Bagri on October 28, 2000, RCMP agents describe Surjan Singh Gill as an agent for CSIS saying the reason that he resigned from the Babbar Khalsa was because his CSIS handlers told him to pull out.
And according to RCMP documents, the CSIS ordered the destruction of the wiretaps to conceal the fact that one of its agents had infiltrated a circle of Sikh extremists planning the attack. He was ordered to pull out three days before Air India Flight 182 blew up.
CSIS DESTROYS EVIDENCE
In his verdict Justice Ian Josephson cited "unacceptable negligence" by CSIS when hundreds of wiretaps of the suspects were destroyed. Of the 210 wiretaps that were recorded during the months before and after the bombing 156 were erased. These tapes continued to be erased even after the terrorists had become the primary suspects in the bombing. In 2000 a former secret services officer told the Toronto Globe and Mail newspaper he had destroyed the 150 hours of tapes rather than hand them over to the Mounties, because he feared the identity of informants would be revealed.
CSIS claims the wiretaps contained no relevant information but a memo from the RCMP states that "There is a strong likelihood that had CSIS retained the tapes between March and August 1985, that a successful prosecution of at least some of principals in both bombings could have been undertaken."
GOVERNMENT CLEARS ITSELF
A Security Intelligence Review Committee cleared CSIS of any wrong doing. However, that report remains secret to this day. The Canadian government continues to insist that there was no mole involved.
Since obtaining the fertilizer is the weak point of the plot, why did they go from a safe way of obtaining it, obviously well thought out in light of the risks, to buying the fertilizer in such a dangerous way? Without the fertilizer purchase, the government has no case.
A bunch of young Muslim men from Toronto wandering around the Ontario wilderness firing at Hindu gods. It sounds like a Monty Python sketch.
Consider that Chand, the Canadian army reservist, and fairly recent convert to Islam, who converted under the influence of friends with whom he played basketball(!), and became ultra-devout and evangelical, and allegedly made a big deal of wanting to behead the Canadian Prime Minister, was a convert from Hinduism.
IT IS HARD TO GET THESE TYPES OF OPERATI
ONS PERFECT …
PREVIOUS ANOMALIES: Canadian Fertilizer Terrorists
(REVIEW THE “RCMP OPERATIONS” SECTION AB
Canada's ruling Conservatives will table legislation in the fall to tighten controls on anti-terrorist funding, officials said on Saturday, a week after 17 al Qaeda inspired suspects were arrested.
"We'll be moving forward ... and making sure we have our Canadian legislation in line this year, with the recommendations of the Financial Action Task Force," Flaherty told reporters after a meeting of G8 finance ministers in St. Petersburg, Russia.