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Revue de l'actualit� - News Digest 
28 janvier 2016 - January 28th, 2016 

ICLMG 27/01/2016 - In Canada, the debate around torture reached us first through Canada's participation in the Afghanistan war with the transfer of detainees programs and the use of torture by the Afghani forces under the orders of the Canadian military. And it didn't stop there. In 2011, Vic Toews, the Public Safety Minister at the time, sent ministerial directives to the Canadian Security Intelligence Service (CSIS), giving them the authority to use and share information that was likely extracted through torture. [...] One year later, Vic Toews progressed in his attempts to legalize torture and sent similar memos to the RCMP and CBSA. [...] Last week, Ralph Goodale, the new Public Safety Minister, quietly declared that these controversial directives enacted by the previous government will be reviewed. The news didn't attract much attention. I believe that this is one of the most promising and courageous actions so far taken by the government. Will the Canadian "torture memos" be removed? Will this shameful legacy of using information extracted from torture be stopped and reversed or is it too late? Last summer, the media reported that CSIS got the green light from a high-level internal committee to interview a Canadian detained abroad as long as captors gave "proper assurances" that the person would not be abused. Of course, we know that similar "proper assurances" were also required by the American when they rendered Maher Arar to Syrian jailers. And of course, we know today that he ended up being tortured and the assurances were worthless. We will definitely keep following this matter.

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Version fran�aise: Ralph Goodale effacera-t-il l'h�ritage honteux de Vic Toews?

Canada to review 'troubling' torture policy

Hundreds vanishing in Egypt as crackdown widens, activists say
Canadians detained abroad  
Canadiens d�tenus � l'�tranger 

Mohamed Fahmy calls for greater protection for Canadians abroad

iPolitics 26/01/2016 - After four months of freedom following his 400-day imprisonment in Egypt for widely denounced terrorism charges, Canadian journalist Mohamed Fahmy is proposing ways in which the federal government can better protect its citizens abroad. At a press conference in Ottawa on  Tuesday, Fahmy, alongside Amnesty International, introduced a 12-point Protection Charter of reform aimed at strengthening Canadian practice when it comes to defending the rights of Canadians who find themselves in foreign prisons. The twelve points include:
  • Enshrine the right to consular assistance and equal treatment in Canadian law
  • Develop transparent criteria to guide consular assistance
  • Protecting Canadian journalists abroad
  • Actively defend Canadian nationality
  • Do not allow unjust foreign laws or practices to deter Canadian action
  • Establish an independent office for review of consular assistance
  • Consistent support for death penalty clemency
  • Institute review and oversight of Canadian national security agencies
  • Ongoing concerns after release: access to justice and freedom of movement
  • Ratify the Optional Protocol to the Convention against Torture
  • Develop an inter-governmental network
  • Establish guidelines for permanent residents and others with Canadian connections

Fahmy said he met with members of Parliament and Global Affairs Minister Stephane Dion. "The minister was excited and he had given assurances that he would take this charter forward," said Fahmy, who said he hopes that the charter could be a model for other countries hoping to strike a balance between diplomatic boundaries and protecting citizens. 

 

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Editorial by Monia Mazigh: Canadians detained abroad: and now what to do?
Surveillance et partage d'information   
Surveillance and information sharing 

Canada's electronic spy agency stops sharing some metadata with partners

CBC 28/01/2016 - The Communications Security Establishment, Canada's electronic spy agency, has stopped sharing certain metadata with international partners after discovering it had not been sufficiently protecting that information before passing it on. Defence Minister Harjit Sajjan says the sharing won't resume until he is satisfied that the proper protections are in place. Metadata is information that describes other data, such as an email address or telephone number, but not the content of a given email or recording of a phone call. The issue is disclosed in the annual report of CSE commissioner Jean Pierre Plouffe, which was tabled in the House of Commons Thursday morning. "While I was conducting this current comprehensive review, CSE discovered on its own that certain metadata was not being minimized properly," Plouffe explained in the report. "Minimization is the process by which Canadian identity information contained in metadata is rendered unidentifiable prior to being shared..." "The fact that CSE did not properly minimize Canadian identity information contained in certain metadata prior to being shared was contrary to the ministerial directive, and to CSE's operational policy." The report also noted that "the metadata ministerial directive lacks clarity regarding the sharing of certain types of metadata with Five Eyes partners, as well as other aspects of CSE's metadata activities."

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US - Congressional hearings on surveillance programs to kick off - in secret

NSA chief stakes out pro-encryption position, in contrast to FBI

How a small company in Switzerland is fighting a surveillance law - and winning
Vie priv�e  
Privacy 
 
CSIS repeatedly obtained confidential taxpayer data without warrants, watchdog says

CBC 28/01/2016 - Canada's spy agency CSIS improperly obtained taxpayer information from the Canada Revenue Agency without a warrant. And it happened more than once. That's according to the annual report of the Security Intelligence Review Committee (SIRC), the independent office that oversees the activities of CSIS. The report, tabled Thursday morning in the House of Commons, outlines how, during an application for a warrant from the federal court, a judge raised questions about a regional CSIS intelligence officer's access to confidential taxpayer information. [...] According to SIRC, its examination found "that this was not an isolated incident of a single intelligence officer obtaining information improperly from CRA. In fact, SIRC found there were multiple instances of a particular CSIS office obtaining information from CRA absent a warrant." SIRC also determined that the overall management of the first incident was inadequate, because CSIS operated, "under the assumption that this was an isolated event until SIRC apprised them of its findings." As well, SIRC learned that CSIS told the federal Court and the minister of public safety that all of the taxpayer information obtained without a warrant had been deleted from its operational database. That was not the case. "In fact, most of the information remained within the database until brought to CSIS's attention by SIRC," the report states.

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Parliament should be wary of warrantless access: Privacy Commissioner

The Toronto Star 25/01/2016 - Over the last few months, law enforcement has resurrected an important debate on warrantless access to the personal information of Canadians - a debate many privacy advocates thought was put to bed following a landmark Supreme Court of Canada ruling. The decision, known as R v. Spencer, concluded subscriber information linked with specific Internet activity should not be obtained without a warrant, except in very precise circumstances. Since this ruling, many telecommunications companies and Internet service providers have required warrants or production orders when police officers come calling for confidential subscriber data. Law enforcement says it has made their jobs impossible. In a recent speech, RCMP Commissioner Bob Paulson argued such a legal requirement is untenable in an era where more and more criminal activity has migrated online, where anonymity reigns. The RCMP Commissioner and organizations such as the Canadian Chiefs of Police are now calling for a reasonable law that would expand warrantless access, yet is consistent with both the Charter and Canadian values. How one might square that circle is not exactly clear. We all want police to be able to protect us, including online, but policing must be done in ways that are consistent with the rule of law.

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Anti-terror legislation  
L�gislation anti-terroriste 

How the Liberals can fix Bill C-51 and reform national security

The Huffington Post 27/01/2016 - Canada has a new government with a markedly different tone. Gone are the cardboard villains and divisive rhetoric. Despite voting for it, prime minister Trudeau promised that C-51 would be amended. However, because C-51 is deeply flawed the best approach is to scrap the legislation and start fresh. That brings these advantages: (i) it allows reasonable and focused legislation to be developed that responds to genuine national security needs while respecting the Charter and rule of law, (ii) it provides opportunities for broad-based engagement to foster trust and build social license for Canada's national security project, and (iii) it creates ownership in a critical public policy area that is not based on the flawed legislation of a predecessor with a starkly different worldview. [...] C-51 isn't the end of the road on national security reform; it's the beginning. Canada's national security sector requires transformative change.

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Migration and refugee rights  
Migration et droits des r�fugi�.es 

Danemark, Suisse, Allemagne : la confiscation des biens des migrants s'�tend en Europe

Le Monde 26/01/2016 - Dissuader les migrants de venir au Danemark. L'objectif du projet de loi sur l'immigration, adopt� � une �crasante majorit� mardi 26 janvier par le Parlement danois, est on ne peut plus clair. Quitte � mettre en place des mesures qui font bondir les d�fenseurs des droits de l'homme : comme celle sur la confiscation d'une partie de leurs biens. Il est �raisonnable que l'Etat ne paie pas pour ceux qui peuvent le faire par eux-m�mes�, fait valoir la ministre de l'int�gration danoise, oppos�e � l'immigration, Inger Stojberg. Il s'agit d'un dispositif contraire aux �standards europ�ens et internationaux de protection des droits de l'homme�, s'indigne le Haut-Commissariat aux r�fugi�s de l'ONU. Si le Danemark concentre les critiques, il n'est toutefois pas le seul pays � confisquer une partie des biens des migrants qui mettent le pied sur son territoire.

Lire plus - Read more

If you seize refugees' valuables, you rob them of their dignity

Syrians feel 'hopeless' as government-sponsored refugees in Toronto, mother says

Documents show how Conservatives cherry picked certain Syrian refugee files

CCR statement - Syrian refugees: responding to all

Schengen : Bruxelles lance la proc�dure pour isoler la Gr�ce

British government makes U-turn over resettlement of Syrian children

Banksy's new artwork criticises use of teargas in Calais refugee camp
 
Autres nouvelles - More news
Anti-terrorism legislation
L�gislation anti-terroriste    
Biom�trie
Biometrics   
Democracy and civil liberties
D�mocratie et libert�s civiles 
Guantanamo 
"Guerre au terrorisme"
"War on terror"
Miscellaneous
Divers
CETTE SEMAINE / THIS WEEK
 
Special event   

UPDATE: The consequences of Bill C-51 for civil liberties and free speech in Canada 

The ICLMG and the Centre for Free Expression at Ryerson University are happy to invite you to this public event in Toronto.



Speakers: Our National Coordinator Monia Mazigh and John Ralston Saul, the award winning novelist and essayist, author of The Comeback and A Fair Country. President Emeritus of PEN International and Co-Chair of the Institute for Canadian Citizenship.

Moderator: James L. Turk

Location: Room 103, Rogers Communications Centre, Ryerson University, Toronto

Time: 7:30 - 9:00 pm

Date: Tuesday, February 2, 2016

Webpage

RSVP and invite your friends to the Facebook event

ICLMG - Canada's numerous national security agencies - including CSEC, CSIS, the RCMP and CBSA - have inadequate or simply no oversight or review mechanisms. This has led to human rights violations such as the rendition to torture of Canadiancitizens Maher Arar,
Abdullah Almalki, Ahmad El-Maati and Muayyed Nurredin, among others. In 2006, Justice O'Connor concluded the Arar Commission with several recommendations to prevent such atrocities from happening again: Canadian national security agencies must be subjected to robust, integrated and comprehensive oversight and review. Years have passed and the federal government has yet to implement the recommendations.



ICLMG has put together a table detailing the issues with the legislation, actions and review mechanisms of the CSE, CSIS and the RCMP. There are 21 federal departments and agencies with national security responsibilities in Canada - including the Canadian Border Services Agency (CBSA), the Financial Transactions and Report Analysis Centre (FINTRAC), Foreign Affairs, National Defence, and Transport Canada. Only 3 have some sort of review mechanism - which are highly inadequate. We need better oversight and review now!

Action   

Tell your MP:
"I demand a real, open consultation that will let us Kill C-51"   

OpenMedia - Right now, the government is deciding how to deal with C-51 and its irresponsible spying powers. If we don't act ASAP, there's a huge chance decision-makers will side with pro-surveillance forces and sacrifice our Charter rights once and for all. But, if we can get a real, open consultation on C-51, people like you will ensure the government finally has to kill the bill's dangerous powers. Parliament resumes on Monday, which means they're deciding now. Message your MP today, and make sure we get the real, open consultation we deserve to kill C-51 for good.

Action   

PM Trudeau: Call on the UAE to free Canadian citizen Salim Alaradi now!   

ICLMG - Salim Alaradi, a Canadian citizen and father of 5 young children, has been detained without charge in the United Arab Emirates (UAE) since August 2014. We are also worried that he was tortured. His health is deteriorating quickly as his family has informed us this week. Write to Prime Minister Trudeau to urge him to call on the UAE to free Salim Alaradi now!


Action   

Let Khaled leave Egypt!  

Free Khaled Al-Qazzaz - Write to your MP to ask them to urge the Egyptian authorities to remove the travel ban on Canadian resident Khaled Al-Qazzaz so he can finally be free after being detained without charges for a year and a half and released since January 2015 but prevented from leaving the country.


Report


Critical areas where the Canadian government needs to demonstrate commitment to upholding human rights in national security policies and activities were outlined today in a report on the anniversary of the October 2014 "Arar +10" conference. Convened at the University of Ottawa on October 29, 2014 by Amnesty International and the International Civil Liberties Monitoring Group, along with the university's Human Rights Research and Education Centre and Centre for International Policy Studies, "Arar +10" reviewed the state of national security and human rights in Canada a decade after a public inquiry was established to investigate the rendition to Syria and torture of Canadian citizen Maher Arar. From a range of panels key recommendations emerged. The conference's recommendations are particularly timely as the new federal government prepares to introduce legal and other reforms reversing or revising national security and citizenship laws and practices.

Report


ICLMG & MiningWatch Canada - In summary, the report observes that it is becoming ever more dangerous and difficult for affected communities and organizations who are fighting for Indigenous rights, self-determination and environmental justice in the Americas to speak out and do their work. As this situation worsens, the Canadian government has increasingly dedicated its diplomatic services, aid budget, and trade and investment policy to promote and favour the interests of Canadian mining companies and to influence decisions over extractive projects and related policies. The trend of repression and deregulation in Canada to favour mining, oil, and gas projects is consistent with the model that the Canadian government promotes abroad. Concluding with a series of ideas and recommendations for discussion, the report seeks to spur debate and foster creative action to protect dissent in defence of land and the environment, and to question Canada's role in promoting the underlying economic development model that is putting communities at such a deadly disadvantage.


Les opinions exprim�es ne refl�tent pas n�cessairement les positions de la CSILC - The views expressed do not necessarily reflect the positions of ICLMG

What is the News Digest? Qu'est-ce que la Revue de l'actualit�?

The News Digest is ICLMG's weekly publication of news articles, events, calls to action and much more regarding national security, anti-terrorism, and civil liberties. The ICLMG is a national coalition of 43 Canadian civil society organizations that was established in the aftermath of the September, 2001 terrorist attacks in the United States.
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La revue de l'actualit� est notre publication hebdomadaire de nouvelles, d'�v�nements, d'appels � l'action, et beaucoup plus, entourant la s�curit� nationale, la lutte au terrorisme, et les libert�s civiles. La CSILC est une coalition nationale de 43 organisations de la soci�t� civile canadienne qui a �t� cr��e suite aux attentats terroristes de septembre 2001 aux �tats-Unis.