NEWS AROUND PRISON AND LAW  /  CANADA

22 June 2006

bericht von no one is illegal canada:

seit dem 23. mai sind 3 männer im hungerstreik . der gesundheitszustand der gefangenen, alle seit jahren inhaftiert, ohne anklage und prozeß unter antiterrorgesetzen, ist bedenklich. die forderungen der männer sind : einkaufen in der kantine des knastes; zugang zu telefongesprächen:

Support Canada's Secret Trial Detainees, Three of Whom Have Been on Hunger Strike For Over a Month at Guantanamo Bay North in Kingston, Ontario

-Three Detainees Report Being Very Weak, Suffering From Breathing Problems, Chest Pains

-No Doctor has seen them yet

-Media Access Remains Blocked (Why haven't the media been seeking to bring down the iron curtain that surrounds the detainees?)

THE HUNGER STRIKE

Mahmoud Jaballah and Mohammad Mahjoub have been on hunger strike since May 23, with Hassan Almrei hunger striking an additional ten days. Mahjoub (held since June, 2000), Jaballah (held seven months in 1999, and since August, 2001) and Almrei (held since October 2001) are feeling not only the effects of the hunger strike, but are also sweltering in a retrofitted classroom portable which has no air conditioning. Two nights ago, Mr. Jaballah was removed from his cell at 2 am with breathing problems, and did not see a nurse until almost six hours later. Two simple demands remain at the core of the hunger strike.

1. The men want access to a canteen (which holds snack foods), much as they had access to at Metro West Detention Centre. The government claims concerns over who would handle the detainees' money have prevented them from setting this up. The men have put forward a half dozen workable solutions, but the federal government refuses to budge. Because their daily meals do not provide enough food, the men need the canteen to stave off hunger pangs.

2. Proper phone access. At Metro West, the men could dial out and speak with anyone they chose to from early morning until early evening. Currently, the men are allowed three 20 minute calls per day. However, they must put in a written request an hour before each call is made. If, for example, they call their lawyer, and are informed s/he won't be back for ten minutes, they cannot call ten minutes later. They must put in another phone request, wait an hour, and then hope the lawyer will be there. The limited phone access sharply curtails their ability to maintain contact with their families as well.

Representatives of the Canadian Border Services Agency, which runs Guantanamo North, have assured campaign members that the men's health is their top priority (even though they are trying to deport them to torture). But to allow human beings to go over a month without nutrition is simply heartless. For the federal government to refuse to fix these simple problems, especially after the light that was shone on security certificates over the past month with the Supreme Court hearings, is shameful. Please write and call the appropriate ministers and bureaucrats below and express in polite but strong terms that these men's lives are in danger and they need a solution now.

MEDIA BLOCKADED

The federal government has ordered that the men not have ANY access to the media for the indefinite future. Contact your media representatives and demand that they take action to break through the iron curtain that's been drawn up around the new facility.

WHAT YOU CAN DO:

Letters are urgently needed to the following individuals. Feel free to change the sample letters by adding something that personalizes it for you, but please remain respectful and polite, as our efforts ultimately reflect on the detainees.

2. Write and Call Stockwell Day, Minister responsible for the Canadian Border Services Agency (which runs the KIHC).

Stockwell Day, MP,
House of Commons, Ottawa, ON K1A 0A6
Phone: (613) 995-1702
Fax: (613) 995.1154
Email: day.s@parl.gc.ca
communications@psepc.gc.ca

2. Claudette Deschenes
VP, Enforcement, CBSA
claudette.deschenes@cbsa-asfc.gc.ca
Phone (613) 952-2531
Fax (613) 952-2622

3. Write a support card to the detainees (let us know at tasc@web.ca
if you have so we can monitor if mail is getting through): Mohammad Mahjoub, Mahmoud Jaballah, and Hassan Almrei can be reached:

Kingston Immigration Holding Centre
c/o CSC RHQ Ontario Region
440 King Street West
PO Box 1174
Kingston, Ontario K7L 4Y8
nooneisillegal@yahoogroups.com

[  

28 April 2006

CANADA

einige der insassen des carleton knastes müssen wegen überbelegung seit etwa 6 monaten in duschen schlafen.

Showers used for sleep at packed jail

Ottawa-Carleton Detention Centre inmates have been forced to sleep in shower stalls over the last six months because there weren't enough segregation cells to go around. The shocking revelation was among many deprivations unearthed yesterday at a hearing into whether problems at the jail continue to exist, or if an application by an accused killer seeking redress should be dismissed. "We're doing the best that we can with the resources we have," said jail superintendent Asfia Sultan, when asked if there was much space around mattresses placed on the floor of segregation cells to accommodate three prisoners, instead of the two prisoners the cells are intended to handle.

'RARELY' 3 TO A CELL

Sultan said prisoners were "rarely" asked to sleep three to a cell -- in segregation, special needs and protective custody units -- and such overcrowding never occurred among the jail's general population. Sultan said the jail is experiencing "count pressure" from mental health patients who can't be accommodated at the Royal Ottawa Hospital, people being held on immigration and extradition warrants, overflow inmates from Nunavut and construction work. The jail, on average, accommodates 475 inmates. When construction work is completed this summer, she said, the jail will handle 595.

LAWYER TIRED OF TALK

Susan Mulligan, the defence lawyer who brought the application on behalf of her client, Wahab Dadshani, remained skeptical. "I heard a lot of 'We'd like to,' and 'We hope to,' and 'we're talking about making things better,' " said Mulligan. "The ministry (of community safety and correctional services) ... has decided these people don't merit having their human rights respected." Dadshani is awaiting trial on a charge of first-degree murder in connection with the 2003 killing of Charbel Chaar at the Midway Family Fun Park on Lancaster Rd. Ministry lawyers have argued the application is moot as Dadshani only spent three months in segregation in 2004.

[  ottsun.canoe.ca

18. 0ktober 2005

um die lehrergewerkschaft dazu zu zwingen einen streik zu beenden, wurde diese von einem zivilgericht zu strafgeldern verurteilt. gleichzeitig wird überprüft ob es auch möglich ist die gewerkschaft mit strafrechtlichen mitteln zur beendigung des streikes zu zwingen.

Court to consider fines, criminal contempt charges
Prosecutor appointed to probe teachers' actions

The B.C. Supreme Court is expected to consider financial penalties against the B.C. Teachers' Federation today while also looking at whether charges of criminal contempt might be needed to persuade the union to end its strike.

Monday, the government appointed an independent special prosecutor -- prominent Vancouver lawyer Len Doust -- to examine whether criminal contempt charges are warranted and, if so, whether it would be in the public interest to proceed. The court has already found the union guilty of civil contempt for continuing its illegal walkout and, last week, Justice Brenda Brown also ordered the union to stop using its assets to finance the strike. Doust made a brief appearance before Brown Monday, saying he had reviewed her earlier rulings and had been monitoring the union's actions. "It has become apparent that some of the [conduct] displayed to date comes perilously close to criminal contempt of court," he noted.

But he said he would proceed only after receiving direction from the court. Brown, who has spoken firmly to the union in the past about the need to obey the law, replied that criminal contempt proceedings have also been on her mind. She adjourned the matter until today, when she will also consider another request from the B.C. Public School Employers Association for hefty fines against the union for its defiance of the court order.

Criminal contempt proceedings, which experts say are highly unusual in labour disputes, are a step beyond civil proceedings and have a higher standard of proof. Criminal proceedings would also allow heavier penalties, including the possibility of jail for union leaders and fines against individual teachers, although labour expert Ken Thornicroft said neither of those are expected soon. The last time a union leader was jailed in B.C. was in 1967.

"This is just the next step on the path," said Thornicroft, a University of Victoria labour relations professor. "They [the government] are just raising the pressure on the union." Doust did not speak to reporters after his brief appearance in court, but Stan Lowe, a spokesman for the attorney-general's ministry, said Doust is not an advocate for either party in the dispute. His role as an independent special prosecutor is to assist the court in ensuring that the rule of law prevails, he added. Asked about the difference between civil contempt and criminal contempt, Lowe said: "Criminal contempt is disobeyance of an order that brings the administration of justice into disrepute, [leaving] the public with an image of scorn towards the justice system. It's a more significant finding." He refused to comment on possible penalties.

Lawyers for the employers association said they had no involvement in Doust's appointment and they expect to continue with the civil proceedings today. Mike Hancock said the association will argue again today for stiff penalties against the union in an effort to re-open schools that have been closed since Oct. 7th. Today marks the seventh day that almost 600,000 students have been out of school.

[  canada.com

16. November 2005 16:21

Kanadisches Gesetz für TK-Überwachung auf dem Weg

Im kanadischen Unterhaus wurde ein neuer Gesetzesentwurf zur Erleichterung der Telekommunikationsüberwachung im Kampf gegen organisiertes Verbrechen und Terrorismus eingebracht. Der Modernization of Investigative Techniques Act (MITA) sieht vor, Telekommunikations-Provider zur Einrichtung technischer Überwachungsvorrichtungen in neu angeschafften Kommunikationssystemen jeder Art zu verpflichten. Jedoch darf die Überwachung eines Teilnehmers durch die Polizei oder den kanadischen Sicherheits-Geheimdienst CSIS nur auf richterlichen Beschluss erfolgen. Weiterhin sieht der Gesetzesentwurf allerdings vor, Polizei und CSIS auch ohne richterlichen Beschluss Zugriff auf die Kundendaten der Telekommunikations-Provider wie Name, Anschrift, Telefonnummern und IP-Adressen zu ermöglichen.

Die bisherige Gesetzeslage in Kanada verlangt von den Ermittlungsbehörden in der Regel richterliche Beschlüsse beim Zugriff auf Kundendaten und die nur in geringem Umfang vorhandenen technischen Überwachungsvorrichtungen. Sollte das Gesetz unverändert in Kraft treten, dürfte sich durch den leichteren Zugriff auf Kundendaten auch der Weg zu einem Gerichtsbeschluss für weiter gehende Abhörmaßnahmen ebnen. Der MITA ist somit durchaus mit der vor kurzem in Deutschland in Kraft getretene erweiterten Telekommunikationsüberwachungsverordnung vergleichbar. Maßnahmen zur Speicherung sämtlicher Verbindungsdaten, wie sie derzeit in Europa vorangetrieben werden, sind in Kanada bisher jedoch nicht vorgesehen.

15. November 2005

Legislation to modernize investigative techniques introduced today

Ottawa, November 15, 2005 -- Today in the House of Commons, the Honourable Anne McLellan, Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, introduced legislation on the lawful interception of communications. The Modernization of Investigative Techniques Act (MITA) will ensure that the law enforcement community and the Canadian Security Intelligence Service (CSIS) maintain their ability to investigate crime and terrorism in the face of rapidly evolving communications technology.

“Currently, under the law, police and CSIS can only intercept communications with authorization. This Act will not change that,” said the Deputy Prime Minister. “However, that authorization may be of no effect if companies do not have the technical ability to intercept new communications technology. This legislation will ensure that criminals can no longer take advantage of new technologies to hide their illegal activities from the law.”

The proposed legislation will reduce the ability of criminals, organized crime members and child pornographers to use sophisticated technologies to carry out their activities undetected. Under MITA, telephone and Internet service providers will be required to include an interception capability in new technology. Court authorizations will continue to be obtained for interception, as they are today. This legislation will not change this requirement in any way.

MITA will also make subscriber contact information from telecommunications service providers available on request to designated law enforcement and CSIS officials. Under the legislation, these officials will be able to request individuals’ basic contact information such as their name, address, telephone or cell phone number or IP address. The release of this information will be subject to rigorous privacy safeguards which will include requiring that all requests for this information are recorded for audit and review purposes.

“We consulted extensively to ensure this legislation strikes the right balance between the needs of police to maintain their investigative capabilities and the business considerations of the industry, while respecting Canadians’ privacy, rights and freedoms,” said the Deputy Prime Minister.

This legislation is the result of a comprehensive legal review. In 2002, the Government consulted publicly and heard from more than 300 individuals and organizations. In 2005, a second round of consultations was held with stakeholders from the telecommunications industry, police community, privacy advocates and commissioners, and civil liberty groups.

[  psepc.gc.ca

September 2005

in der größten provinz kanadas, ontario, sollen die seit 1991 bestehenden religösen gerichte, die es in katholischen und jüdischen gemeinden gibt, und die familiengerichte sind, aufgelöst werden. dies hat der prmierminister angekündigt nachdem auch moslemische gemeinde diese gerichte einführen wollten und somit die sharia als rechtsgrundlage zugelassen worden wäre.

Ontario bans religious tribunals

Canadian Jews, Muslims vow to fight for faith-based tribunals Jews and Muslims in Ontario pledged Wednesday to fight for faith-based tribunals to settle family disputes after its premier stunned their communities by announcing he would ban religious arbitration in Canada's largest province.

Ontario appeared well on its way to becoming the first Western jurisdiction to allow the use of sharia -- a code of laws drawn largely from the Islamic holy book, the Quran -- to settle some Muslim family and civil disputes. The province has allowed Catholic and Jewish tribunals to settle family law matters since 1991. The practice got little attention until Muslim leaders demanded the same rights. Frank Dimant, executive vice president of B'nai Brith Canada, said Wednesday that Premier Dalton McGuinty's surprise announcement on Sunday to scrap the tribunals was unfair, and B'nai Brith is considering a constitutional challenge if Jews are forbidden from using rabbinical courts to grant divorces and other family matters.

"In the case of the rabbinical courts, they have functioned for hundreds of years in Ontario, and there have been no issues, no complaints," Dimant said. "And now to merely outlaw them as having any standing before the law because of internal differences of opinion in the Muslim community is simply unfair." Ontario's government has been reviewing a report by the former provincial attorney general that recommends sharia be allowed. Officials had been debating whether to exclude one religion, or scrap the religious family courts altogether.

On Sunday, McGuinty stunned supporters and opponents alike by choosing the latter. "I've come to the conclusion that the debate has gone on long enough," he told The Canadian Press. "There will be no sharia law in Ontario. There will be no religious arbitration in Ontario. There will be one law for all Ontarians." McGuinty said religious arbitrations "threaten our common ground," and promised his Liberal Party government would soon introduce legislation to outlaw them in Ontario. "Ontarians will always have the right to seek advice from anyone in matters of family law, including religious advice," he said. "But no longer will religious arbitration be deciding matters of family law."

McGuinty has not clarified his statement -- which has caused an outpouring of joy, confusion and anger -- and did not return calls to his office. Opponents of sharia were thrilled, however, claiming McGuinty's decision as a victory. "I think our voice got heard loud and clear," said Homa Arjomand, a women's rights activist who organized a series of anti-sharia protests worldwide Sept. 8. Opponents of sharia law have said the country's 750,000 Muslims come from different backgrounds and strains of Islam and that women are not treated equally under the system, which runs counter to the Charter of Rights and Freedom, Canada's bill of rights.

Under most interpretations of Islamic law, women's rights to seek divorce are strictly limited and they only receive half the inheritance of men. Sharia also allows for polygamy and often permits marriage of girls at a younger age than does secular law. The McGuinty government for seven months had been sitting on a report by former Ontario Attorney-General Marion Boyd, which concluded that Muslims should have the same rights as other religions that use faith-based arbitration to settle family disputes. Boyd concluded in her report that there was no evidence women were being discriminated against in faith-based arbitration by Jews and Catholics and recommended the province's existing arbitration system be strengthened.

The Toronto-based Canadian Islamic Congress has accused opponents of sharia of fear-mongering tactics. They said Sharia was cheaper, faster and introduced a "healing factor into many family disputes." Mohamed Elmasry, the group's president, said Muslims were seeking equality with Jews to have their arbitration process formally recognized by the courts. "It is ignorance which has given sharia a bad name, especially in the treatment of women," his organization said. "It is time to reclaim the truth of such terms instead of using them as blunt weapons to manipulate people."

Canada grapples with Islamic sharia law

7. september 2005

Protests are planned in 12 cities in Canada and Europe over a Canadian province`s bid to allow Islamic Shariah law to be used to arbitrate marital disputes. In Toronto, Ontario Premier Dalton McGuinty`s government appears poised to accept recommendations to allow such tribunals, in use by Christians and Jews in the province since 1991. McGuinty, a Liberal, said the government is in the process of reviewing a 9-month-old report by former provincial Attorney-General Marion Boyd, which concluded that Muslims in Ontario should have the same rights as other religious groups, the Globe and Mail reported. Protesters are planning to convene at the provincial parliament building midday Thursday, to coincide with marches in 11 other cities in Canada and Europe, including Victoria, British Columbia; Ottawa; Montreal; London; Paris and Stockholm. Even McGuinty`s opponent, Progressive Conservative Leader John Tory acknowledged the government is grappling with a difficult issue, one that is 'hugely emotional' for both sides, the report said.

[  monstersandcritics.com

April 2005

CALL FOR SUBMISSIONS

Political Prisoner and Prisoner of War Calendar 2006

We are looking for written submissions and artwork for our 2006 Freedom for Political Prisoners and Prisoners of War calendar.

Submissions can be up to 800 words, and may include poetry, satire, statements, or interviews. We are particularly looking for submissions by ex or current P.P.'s and P.O.W.'s, their families and supporters.

This year, as much as possible, we are seeking submissions that fit into the theme suggested by white anti-imperialist Political Prisoner and calendar contributor David Gilbert. We hope this year's calendar will present an internationalist perspective, with an emphasis on the leadership of progressive movements in the global south. We want to highlight the links between movements occuring in all our local communities, and larger movements for global social change. As David explains:

"There are overlapping potential movements [in the U.S. and Canada] that have failed to achieve the potential and needed synergy: antiglobalization, antiwar, and antiracism. They need to go together because the progressive alternative to the "war on terror" is "global justice," and because the only reason Bush et. al. get away with their big lies and wholesale slaughter is the legacy of white supremacy. So the question is in what ways can we promote synergy? And additionally for white anti-imperialists, how can anti-racist consciousness be fostered among activist white youth?"

"As we know, the antiglobalization movement didn't start with Seattle. The leadership has come from the global South, which makes sense because that's where the contradictions are the sharpest. As we know, the Zapatistas and some women-led community struggles in India are prime examples. But there's also a lot happening throughout Latin America: Argentina, Ecuador, Bolivia, Brazil. So, my proposed theme for '06: highlight anti-glob. struggles of the South, to educate folks, to bring some of their political leadership to us, to promote anti-racist consciousness."

Submissions on this theme will be prioritised, but please feel free to submit on other topics. Due to space constraints, we may not be able to print all submissions. Please include a short bio of 2-4 sentences with your submission.

Artwork will be printed in full colour. It does not have to fit directly into the theme.

We need all written submissions and artwork by JUNE 1ST, 2005.

Thank you very much for your support of the 2006 calendar project.

Who We Are

We are a group of people who are committed to doing work grounded in an anti-imperialist and anti-racist perspective. We work in solidarity with anti-colonial struggles, Political Prisoners and the rights of undocumented citizens and immigrants. We are queer and trans positive. Two outside groups, one based in Montreal, and one based in New York City work together with three New York State Political Prisoners: Robert Seth Hayes, Herman Bell and David Gilbert to create the calendar each year. Proceeds from the 2006 calendar will be used for direct support work for Political Prisoners and anti-colonialist and anti-imperialist struggles in the U.S. and Canada.

What Our Goals Are

We hope to raise awareness of Political Prisoners and Prisoners of War in the United States, many of whom are now in or approaching their 30th year of imprisonment. We feel it is extremely important that people on the streets recognize the history of today?s social justice movements, and how that ties in with solidarity for PPs/POWs. We want to emphasis the ongoing involvement and continued commitment of PPs/POWs in these same movements.

Or other principle goal is to raise funds for groups doing direct support work for Political Prisoners and Prisoners of War in Canada and the U.S.A., or for groups engaged in the anti-imperialist struggles.

Contact Info

Please contact us with any questions, comments or submissions, at:

Calendar Committee
c/o QPIRG Concordia
1455 de Maisonneuve Blvd. O.,
Montreal, QC
H3G 1M8 Canada