http://pcneedtogo.blogspot.com/2009/07/sirc-completes-its-review-of-matter-of.htmlhttp://www.sirc-csars.gc.ca/opbapb/2008-05/index-eng.htmlhttp://www.sirc-csars.gc.ca/pdfs/cm_arar_bgv1-eng.pdf..
http://www.sirc-csars.gc.ca/pdfs/cm_arar_bgv2-eng.pdf
http://www.sirc-csars.gc.ca/pdfs/cm_arar_rec-eng.pdf
Controversies
CSIS has at times come under criticism, such as in the apparent bungling of the investigation into the 1985 Air India bombing. The Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182, headed by Mr. Justice John Major, is underway. Two Canadian courts have publicly criticized CSIS for destroying wiretap evidence. One court impressed upon the importance of wiretap evidence from CSIS in establishing guilt. The second focused on its exculpatory value.
From 1988 to 1994, CSIS mole Grant Bristow infiltrated the Canadian white-supremacist movement; when the story became public knowledge, the press aired concerns that he had not only been one of the founders of the Heritage Front group, but that he had also channelled CSIS funding to this group.[citation needed]
In 1999, classified documents were stolen from the car of a CSIS employee who was attending a Toronto Maple Leafs hockey game. The Security Intelligence Review Committee reportedly investigated this incident.[8][9]
Rather than playing a purely domestic role, the Service has been "noticeably altered" to allow it to play a part in Canada's role in the invasion of Afghanistan, as well as the Iraq War.[10]
On September 18, 2006, the Arar Commission absolved CSIS of any involvement in the extraordinary rendition by the United States of a Canadian citizen, Maher Arar. The Commission found that U.S. authorities sent Arar to Jordan and then Syria (his country of birth) based on incorrect information which had been provided by the Royal Canadian Mounted Police (RCMP) to the U.S. government. Arar was held by the Syrians for one year and has claimed he was tortured. The sole criticism of CSIS levelled by the Commission was that the agency should do more to vet information provided by regimes which practice torture.
Air India Flight 182
CSIS connection
During an interview with Bagri on 28 October 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.[31]
After the subsequent failure of CSIS to stop the bombing of Flight 182, the head of CSIS was replaced by Reid Morden. In an interview for CBC Television's news program, The National, Morden claims that CSIS "dropped the ball" in its handling of the case. A Security Intelligence Review Committee cleared CSIS of any wrongdoing. However, that report remains secret to this day. The Canadian government continues to insist that there was no mole involved.
estroyed evidence
In his verdict Justice 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.
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."[28]
On 4 June 1985, CSIS agents Larry Lowe and Lynn McAdams trailed Talwinder Singh Parmar and Inderjit Singh Reyat to Vancouver Island. The agents reported to the RCMP that they had heard a noise like a "loud gunshot" in the woods. Later that month Flight 182 was bombed. After the bombing the RCMP went to the site and found remains of an electrical blasting cap.[27]
The suspects in the bombing were apparently aware that they were under surveillance, because they used pay phones and talked in code. Translator's notes of the wiretaps records this exchange between Talwinder Parmar and a follower named Hardial Singh Johal on the same day the tickets were purchased on 20 June 1985.
Parmar: Did he write the story?
Johal: No he didn't.
Parmar: Do that work first.[29]
After this call a man called the CP Air and booked the tickets and left Johal's number. Shortly afterwards, Johal called Parmar and asked him if he "can come over and read the story he asked for". Parmar said he would be there shortly.
This conversation appears to be an order from Parmar to book the tickets used to bomb the planes. Because the original wiretaps were erased by CSIS, they were inadmissible as evidence in court.
'A Canadian tragedy'
Twenty years after the downing of Air India Flight 182, families gathered in Ahakista, Ireland, to grieve. Governor General Adrienne Clarkson, on the advice of Prime Minister Paul Martin declared the anniversary a national day of mourning. During the anniversary observances, Martin said that the bombing was a Canadian problem, not a foreign problem, saying: "Make no mistake: The flight may have been Air India's, it may have taken place off the coast of Ireland, but this is a Canadian tragedy."[22]
In May 2007, pollster Angus Reid released the results of public opinion polling of whether Canadians viewed the bombing as a Canadian or Indian tragedy and who they blamed for it. Forty-eight per cent of respondents regarded the Air India bombing as a Canadian tragedy, while 22 per cent of Canadians thought of the terrorist attack as a mostly Indian affair. Thirty-four per cent of respondents thought both the Canadian Security Intelligence Service (CSIS) and airport security personnel deserved a great deal of the blame for the 1985 Air India bombing. In addition, 27 per cent of respondents believed the Royal Canadian Mounted Police (RCMP) were largely to blame, while 18 percent mentioned Transport Canada.[23]
External links
Maher Arar
Project A-O Canada and the events leading up to Arar's rendition
After he had moved back to Ottawa, Arar had a meeting with Abdullah Almalki on October 12, 2001. Almalki, an Ottawa engineer, was also born in Syria and had moved to Canada in the same year as Arar. They met at the Mango Café, a popular shawarma restaurant in a strip mall and talked about doctors and bought a print cartridge together.[13]
At the time their movements were under close scrutiny by at least three police surveillance teams.[13] The surveillance was prompted by Project A-O Canada, a Royal Canadian Mounted Police (RCMP)-led terrorism investigation team based in Ottawa and a subdivision of Project O Canada which was based in Toronto. Project O Canada was created by the RCMP when the Canadian Security Intelligence Service (CSIS) delegated responsibility for its national security investigation concerning Abdullah Almalki to the RCMP. CSIS had been monitoring Almalki at least since 1998 with respect to his relationship with Ahmed Said Khadr, an Egyptian-born Canadian and alleged senior associate of Osama bin Laden. CSIS was also concerned with Almalki's electronic components export business that he operated with his wife. Almalki, however, was purely a person of interest and was not, in fact, the target of the investigation. Nonetheless, Almalki's meeting with Arar appears to have prompted a wider investigation, with Arar also becoming a "person of interest."[13]
On October 7, 2002, FBI agent Robert Fuller went to Bagram Air Base in Afghanistan and showed Canadian teenager Omar Khadr a black-and-white photograph of Arar obtained from the FBI office in Massachusetts, and demanded to know if he recognised him. Khadr initially stated that he did not recognise Arar, but when further pressured by Fuller, confessed he had seen him at a Kabul safehouse run by Abu Musab al-Suri or Abu Musab al-Zarqawi. This testimony given by Fuller is contradicted by the fact that during the period indicated by Khadr in Fuller's testimony, Maher Arar was known to be in Canada, under surveillance by the RCMP. [14][15][16][17]
Arrested in 2002, Arward Al-Bousha gave up the name of Arar as a possible militant, after he himself had been fingered in a confession given by Abdullah Almalki allegedly to stop his own torture.[18][19]
[edit] Arar's rendition
On September 26, 2002, during a stopover in New York City en route from a family vacation in Tunisia to Montreal, Arar was detained by the United States Immigration and Naturalization Service (INS). The INS was acting upon information supplied by the RCMP.[20] When it became clear he was going to be deported, Arar requested he be deported to Canada; though he had not visited Syria since his move to Canada, he retained Syrian citizenship as Syria does not permit the renunciation of citizenship. Canadian (initially) and United States officials have labelled his transfer to Syria as a deportation, but critics have called the removal an example of rendition for torture by proxy, as the Syrian government is infamous for its torture of detainees. Despite the recent public rhetoric, at the time of Arar's deportation, Syria was working closely with the United States government in their "War on Terror". In November 2003, Cofer Black, then counterterrorism coordinator at the US State Department and former director of counterterrorism at the CIA, was quoted as saying "The Syrian government has provided some very useful assistance on al Qaeda in the past." [21] In September 2002, the George W. Bush administration opposed the enactment of the "Syria Accountability Act" citing effectiveness of current sanctions and the ongoing diplomacy in the region. In addition, the administration noted the cooperation and support by Syria in fighting al-Qaida as a reason for its opposition to the "Syria Accountability Act".[22]
Initial media controversy
Arar's case reached new heights of controversy after reporter Juliet O'Neill wrote an article in the Ottawa Citizen on November 8, 2003, containing information leaked to her from an unknown security source, possibly within the RCMP. The secret documents provided by her source suggested Arar was a trained member of an Al Qaeda terrorist cell. The RCMP later raided O'Neill's house pursuant to sealed search warrants it had obtained to investigate the leak.[33] The raid was widely denounced in the media.[who?]
In November 2004, Ontario Superior Court Judge Lynn Ratushny ruled that the sealing of the search warrants was unacceptable, although Justice of the Peace Richard Sculthorpe had given approval after the RCMP invoked the Security of Information Act. Justice Ratushny stated that the sealing of the search violated guarantees of a free press, freedom of expression and the public's right to an open court system. She ordered that a redacted copy be released to the public.[34] All materials that were seized were subsequently ordered returned to O'Neill after Ontario Superior Court Judge Ratushny struck down Section 4 of the Security of Information Act[35], ruling that it was "unconstitutionally vague" and broad[36] and an infringement of freedom of expression. In May 2008, the RCMP closed the investigation, labeled Operation Soya, without concluding who leaked the false information. [37]
[edit] Garvie Report
On September 25, 2004, the results of an internal RCMP investigation by RCMP Chief Superintendent Brian Garvie were published. Though the version released to the public was censored, the Garvie Report documented several instances of impropriety by the RCMP in the Arar case. Among its revelations were that the RCMP was responsible for giving American authorities sensitive information on Arar with no attached provisos about how this information might be used. Also, Richard Roy, the RCMP liaison officer with the Department of Foreign Affairs, may have known of the plan of removing Arar to Syria but did not contact his supervisors. Additionally, Deputy RCMP Commissioner Garry Loeppky lobbied hard, in the spring of 2003, to convince his government (then led by Liberal Prime Minister Jean Chrétien) not to claim in a letter to Syria, that it "had no evidence Arar was involved in any terrorist activities" because Arar "remained a person of great interest."
In response to the Garvie Report, Arar said that the report was "just the starting point to find out the truth about what happened to me" and that it "exposes the fact that the government was misleading the public when they said Canada had nothing to do with sending me to Syria."
[edit] Canadian Commission of Inquiry
On February 5, 2004, the Canadian government established the "Commission Of Inquiry Into The Actions of Canadian Officials In Relation to Maher Arar" to investigate and report on the actions of Canadian officials. The United States refused to participate in the inquiry and, until January 2007, refused to share its own evidence with Canadian officials.
On June 14, 2005, Franco Pillarella, Canadian ambassador to Syria at the time of Arar's removal, said that at the time he had no reason to believe Arar had been badly treated, and in general had no reason to conclusively believe that Syria engaged in routine torture. These statements prompted widespread incredulity in the Canadian media, and a former Canadian UN ambassador responded to Pillarella asserting that Syria's human rights abuses were well known and well documented by many sources.
On September 14, 2005, the O'Connor commission concluded public hearings after testimony from 85 witnesses. Maher Arar did not testify before the commission.[6] The U.S. ambassador at the time of the incident, Paul Cellucci, refused to testify.
On October 27, 2005, Professor Stephen Toope, a fact-finder appointed by the Arar inquiry released a report saying that he believed Arar was tortured in Syria. He said that Arar had recovered well physically but was still suffering from psychological problems caused by his mistreatment, as well as anxiety caused by the Commission of Inquiry process itself.[38]
On September 18, 2006, the Canadian Commission of Inquiry, led by Dennis O'Connor, Associate Chief Justice of Ontario, issued its report. The final report exonerates Arar and categorically states that there is no evidence linking Arar to terrorist activity, stating “there is no evidence to indicate that Mr. Arar has committed any offence or that his activities constitute a threat to the security of Canada.” The Commission also found no evidence that Canadian officials acquiesced in the U.S. decision to detain and remove Mr. Arar to Syria, but that it is very likely that the U.S. relied on inaccurate and unfair information about Mr. Arar that was provided by Canadian officials. The report also confirms that he was tortured while in Syria.[38][39][40]
On August 9, 2007, an addendum to the final report containing previously undisclosed portions was released. The final report was released with certain portions blacked out for reasons of national security by the Canadian government. Under the rules for the Inquiry, the decision to release the remaining portions of the final report were to be decided within the Canadian courts. In July 2007, the Federal Court ruled that portions of the previously removed text could be released.[41]
[edit] RCMP apology
On September 28, 2006, RCMP Commissioner Giuliano Zaccardelli issued a carefully worded public apology to Arar and his family during the House of Commons committee on public safety and national security:
Mr. Arar, I wish to take this opportunity to express publicly to you and to your wife and to your children how truly sorry I am for whatever part the actions of the RCMP may have contributed to the terrible injustices that you experienced and the pain that you and your family endured.[42]
Arar thanked Commissioner Zaccardelli for his apology but lamented the lack of concrete disciplinary action against those individuals whose actions led to his detention and subsequent torture.[43] Zaccardelli later resigned as RCMP commissioner because of this case.
Canadian government apology and settlement
On January 26, 2007, after months of negotiations between the Canadian government and Arar's Canadian legal counsel, Prime Minister Stephen Harper issued a formal apology to Arar on behalf of the Canadian government and announced that Arar would receive $10.5 million settlement for his ordeal and an additional $1 million for legal costs.[8] Since Canada's role in the affair was quite minor compared with Syria's and the USA's, there has been widespread criticism of the size of the settlement reached by Canada and Arar.
On January 26, 2007, Harper released a copy of a letter sent to Arar, apologizing "for any role Canadian officials may have played in what happened to Mr. Arar, Monia Mazigh and their family in 2002 and 2003."[44]
[edit] Aftermath
In Canada, Arar's ordeal has raised numerous questions that have yet to be answered. Canadian authorities have been unable to discover who leaked sensitive government documents to O'Neill. Those who were involved in the case in the RCMP have not been reprimanded by the government for their mistakes. In fact, several have received promotions.[45]
As of December 2006, the only person held accountable in Canada has been RCMP Commissioner Giuliano Zaccardelli, who actually resigned over contradictions in his testimony to the House of Commons Committee on Public Safety and National Security. The contradictions were with respect to what he knew at the time and what he told government ministers.[46]
Many commentators and Liberal MPs also dog Harper's government with statements made by its members while they were the official opposition in the House of Commons. Several Conservative party members, including Canadian Public Safety Minister Stockwell Day and Canadian Prime Minister Stephen Harper, apparently assumed Arar's guilt, labeling him a terrorist.[47][48] Other commentators have suggested that the settlement reached by the Harper government was designed to embarrass the Liberals, on whose watch Arar was allegedly deported and tortured, since the relatively minor role played by Canada in the affair could not conceivably warrant a settlement of $10.5 million.
ispute over Canadian involvement in his rendition
After Arar's release, the controversy continued over his treatment by the U.S. and over the role that Canadian police and government officials may have played in his removal and interrogation. The United States claimed that the RCMP had provided them with a list of suspicious persons that included Arar.[67] It was also discovered that Canadian consular officials knew that Arar was in custody in the United States but did not believe that he would be removed. The Canadian government maintains that the decision to remove Arar to Syria was made by American officials alone.
Canadian officials apparently told U.S. officials Arar was no longer a resident of Canada. The New York Times reported, "In July 2002, the Mounted Police learned that Mr. Arar and his family were in Tunisia, and incorrectly concluded that they had left Canada permanently." [68]
At a summit meeting in Monterrey, Mexico, on January 13, 2004, former Canadian Prime Minister Paul Martin and U.S. President George W. Bush reached an agreement, sometimes referred to as the Monterrey Accord, which obliged the United States to notify Canada before deporting a Canadian citizen to a third country. However, according to a news story in the Toronto Globe and Mail, Stephen Yale-Loehr, lawyer and adjunct professor of immigration and asylum law at Cornell University told the Arar inquiry "the Canada-U.S. agreement struck... to prevent a recurrence of the Arar affair is ineffective and legally unenforceable."[69]
In 2007, as part of the investigation into government foreknowledge, it was revealed that CSIS chief Jack Hooper had sent a memo on October 10, 2002 that included the reference "I think the United States would like to get Arar to Jordan where they can have their way with him", which was the first conclusive evidence that CSIS, and not just the RCMP, knew that a Canadian was going to be tortured at the request of the United States.[70] A year later, Hooper contacted the Department of Foreign Affairs and International Trade to tell them that it was not in Canada's interests to demand that the United States return Maher Arar.[71]
In September,2008, former RCMP commissioner Giuliano Zaccardelli, now with Interpol, said that the White House "threw away the rule book" after 9/11 and that the RCMP was led to believe that Arar would be sent back to Canada from New York.[3]Zaccardelli told the CBC that U.S. authorities said that they didn't have enough evidence to lay charges against Arar and wanted to know whether Arar would be arrested if he returned to Canada. "The discussion was: 'If we let him go and he comes to Canada, can you arrest him or detain him?' And we keep reaffirming, 'No we can't'," Zaccardelli said.
The RCMP set up surveillance team to watch Arar upon his return: "We are waiting in Montreal for the plane to arrive with Mr. Arar getting off the plane. The plane arrives. Mr. Arar never got off." Zaccardelli said.[72]
Further reading
- Carter, Jimmy (2005). Our Endangered Values: America's Moral Crisis. Simon & Schuster. ISBN 978-0-7432-9236-8. http://books.google.com/books?id=qqyUX6KRbZsC.
- Goodman, Amy; Goodman, David (2006). Static: Government Liars, Media Cheerleaders, and the People Who Fight Back. Hyperion. ISBN 9781401302931. http://books.google.com/books?id=1HMeAAAACAAJ.
- Pither, Kerry (2008). Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror. Viking Canada. ISBN 9780670068531.
- Mayer, Jane (2008). The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals. Doubleday. ISBN 978-0-385-52639-5. http://books.google.com/books?id=5qD80dbJH3MC.
- Mazigh, Mona (2008). Hope and Despair: My Struggle to Free My Husband, Maher Arar. McClelland & Stewart. ISBN 978-0-7710-5758-8. http://books.google.com/books?id=He-YR6Ak1ZAC.
- Perry, John (2005). Torture: Religious Ethics and National Security. Novalis Press. ISBN 978-1570756078. http://books.google.com/books?id=HD0FAQAAIAAJ.
[edit] External links
[edit] General
[edit] News coverage
[edit] Commentary
Coast Capital's Philippe Sarfati said Tuesday that a letter would be sent out to all the affected clients. (CBC)
A woman walks past the Supreme Court of Canada in Ottawa. (Tom Hanson/Canadian Press)