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11.16 Scotland was first Industrialized Country to Run wholly on Wind in October

11.16 How pesticide bans can prevent tens of thousands of suicides a year [how many thousands more die early from eating pesticide-laced food?]

11.15  The long read:  The plastic backlash: what's behind our sudden rage – and will it make a difference? [the world wants to throw-up...]

11.15 Claws out: crab fishermen sue 30 oil firms over climate change [workers are waking-up...]

11.15 Trump administration to cut air pollution from heavy-duty trucks

11.14 Backed by Ocasio-Cortez, Youth Climate Activists Arrested in Pelosi's Office Demanding Democrats Embrace 'Green New Deal'

11.13 What would a smog-free city look like?

11.13 Global report highlights Australia’s renewables potential amid mixed signals for coal

11.13 Interior department whistleblower: Ryan Zinke hollowed out the agency

11.12  This Land is Your Land:  The Zinke effect: how the US interior department became a tool of industry [behaving ignorantly again...]

11.12 Planned Parenthood's new president warns of 'state of emergency' for women's health

11.11 Trump responds to worst fires in California’s history by threatening to withhold federal aid [behaving ignorantly again...]

11.11 Interior department sued for ‘secretive process’ in at-risk species assessment [behaving ignorantly again...]

11.11 Keystone XL pipeline: judge rules government 'jumped the gun' and orders halt [behaving ignorantly again...]

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11.16 As 'Green New Deal' Demand Grows, Democrats Have Choice: Confront and Defeat Fossil Fuel Industry or Take Credit for 'Doomed' Planet [Two choices: Save life-on-Earth or help Republicans let it die?]

11.16 Trump’s latest interview shows a president who’s in way over his head

11.16 Why the political fight in Georgia is far from over

11.16 Florida judge sides with Democrats, giving thousands a second chance to fix their ballots

11.15 Democrats Won Big. Can They Go Bold, Too? [it's about suppressing the influence and leadership by Republican-like Democrats who counsel 'íncremental' (no) change, such as Nancy Pelosi, Steny Hoyer, Hillary Clinton, Chuck Shumer and Joe Biden]

11.15 Pentagon Officials Forced to Make Fewer Public Appearances to Avoid Provoking Trump [...by revealing Trump's huuuge ignorance]

11.15 REPUBLICANS USED A BILL ABOUT WOLVES TO AVOID A VOTE ON YEMEN WAR [if there are 'defense industry' profits to be made—including congress-critter insider-trading—and political 'donations' to be had, we mustn't stop killing innocent civilians!]

11.15 Big Oil v the planet is the fight of our lives. Democrats must choose a side

11.14 The Real Florida Recount Fraud

11.14 Telling NRA #ThisIsOurLane, Doctors' Photos Show Blood-Soaked Reality of America's Gun Madness

11.14 At Freshman Orientation, Young and Growing Progressive Caucus Makes Clear It Will 'Fight Like Hell' for Bold Democratic Agenda

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High Crimes?

11.14 The Guardian view on Yemen’s misery: the west is complicit [WAR CRIMES]

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11.16 Amazon’s HQ2 Will Get a Tax Break Designed to Help the Poor [a Republican program that directly helps participating wealthy companies—but only helps workers if and when 'trickle-down' occurs.]

11.16 Trump doesn’t want to punish Saudi Arabia over Khashoggi. His new sanctions prove it. [George W. Bush made a similar immoral decision for the same oily reasons after 9-11, protecting Saudi defense contracts while facilitating the slaughter of poorer Arab "terrorists" in the region.]

11.15 The Earth is in a death spiral. It will take radical action to save us [fossil fuel burning, un-recyclable plastic production/use and methane gas release must cease ASAP.]

11.14 Brexit: May tells her cabinet, this is the deal – now back me

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11.15 Cuba to pull doctors out of Brazil after President-elect Bolsonaro comments [terms must be negotiated for fairness to Cuba's health professionals without disruption of healthcare for Brazil's poor]

11.14 'Appalling' Khashoggi audio shocked Saudi intelligence – Erdogan [Exposing a psychopath?]

11.14 Israel and Hamas launch hundreds of attacks in Gaza clash

11.14 Mueller seeking more details on Nigel Farage, key Russia inquiry target says

11.13 Austin's Fix for Homelessness: Tiny Houses, and Lots of Neighbors

11.13 Portugal Dared to Cast Aside Austerity. It’s Having a Major Revival.

11.13 Caravan marks one month on the road: ‘We keep on going, laughing or crying’

11.13 Letter Shows Einstein’s Prescient Concerns About ‘Dark Times’ in Germany

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  Print view: Police State Injustice: Canada's Security Certificate Process
COMMENTARY:

Police State Injustice: Canada's Security Certificate Process

by Stephen Lendman
Thursday, 23 December 2010
Its provisions are troubling, including indefinite detentions, with or without charges, draconian house arrest with continuous monitoring, and deportations to despotic states assuring torture, imprisonment or death.

In place since 1978, it lets authorities detain and/or deport foreign nationals and other non-citizens suspected of human rights violations, alleged threats to national security, or claimed affiliation with organized crime, using (usually bogus) secret evidence withheld from defense counsel.

Since 1991, 27 residents have been affected. In February 2007, Canada's Supreme Court ruled it unconstitutional in Charkaoui v. Canada. However, eight months later in October, the Canadian House of Commons passed Bill C-3 (a so-called anti-terror measure), amending the 2001 Immigration and Refugee Protection Act by introducing a special advocate into the certificate process on the pretext of protecting subjects during secret proceedings.

That and other provisions are troubling, including indefinite detentions, with or without charges, draconian house arrest with continuous monitoring and surveillance, and deportations to despotic states unjustly. Doing so assures torture, imprisonment or death. It's why subjects fled to Canada, believing they'd be safe.

The special advocate provision is reprehensible, providing legal cover for a fundamentally unjust process designed to stigmatize, vilify, convict, imprison, or deport mostly innocent victims to oblivion, pretending national and public security were protected.

As a result, human and civil rights advocates, anti-war activists, opponents of extremist government policies, and targets of convenience for political advantage (especially Muslims) are unjustly charged, arrested, and persecuted. Their constitutional right of assured innocence unless proved guilty in a fair and open process beyond a reasonable doubt is denied, subjecting them to police state injustice, common in third world dictatorships.

Once Security Certificates are issued, Federal Courts conduct secret proceedings, delivering summary draconian injustice. The entire process is engineered to convict, much like corrupted US courts against anyone charged with terrorism, conspiracy to commit it, accused environmental and animal rights activists called "ecoterrorists," vocal critics of US injustice, and advocates for human and civil rights.

Statement Against Security Certificates

Canadian and other justice defenders demand Security Certificates be abolished. Click here to endorse its revocation. The petition states:

"We, the undersigned, have grave concerns regarding the continued use of sections 9, 76-87 of the Immigration and Refugee Protection Act, which allow for the imprisonment in Canada of refugees and permanent residents under the authority of a "Security Certificate."

The new version of this measure - which included only cosmetic changes in the form of a very limited appeal provision and of the introduction of "special advocates" - still maintains a veil of secrecy over any information that may be used against the detained.

Therefore, we are concerned that those detained under Security Certificates are:

  • Imprisoned indefinitely on secret evidence, though no charges have been laid against them;
  • Tried in unfair judicial proceedings where information is not disclosed to....detainee(s) or their lawyer;
  • Denied the full right to appeal when the Certificate is upheld in a process that uses the lowest standard of proof of any court in Canada;
  • Under threat of deportation even when they face unfair imprisonment, torture or death.

We believe that the existing Security Certificate process is undemocratic; violates the Canadian Charter of Rights and Freedoms (Canada's constitutional bill of rights); and violates fundamental human rights, to which the government of Canada has committed itself through the UN Universal Declaration of Human Rights, the UN Convention on Refugees, the International Covenant on Civil and Political Rights (ICEPR) and the UN Convention on Torture.

Accordingly, we demand that the Security Certificate process be abolished.

For those currently detained under Security Certificates, we demand:

  • That their certificates be removed, and, if any case against them actually exists, that they be allowed to defend themselves in open, fair, and independent trials with full disclosure of the case against them.
  • That they not be deported."

Real democracies assure fundamental human rights, civil liberties, due process, judicial fairness, and equitable treatment for everyone at all times with no allowed exceptions. Anything less is police state justice. Guilt by accusation is unacceptable. It's how Canadian and American courts operate in violation of fundamental legal standards. This injustice must end. Sign the above statement and demand it.


Stephen Lendman

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. His blog is sjlendman.blogspot.com.

Listen to Lendman's cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

Mr. Lendman's stories are republished in the Baltimore Chronicle with permission of the author.



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This story was published in the Baltimore Chronicle on December 23, 2010.

 

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