Saturday, June 20, 2009

Committee on Public Safety and National Security report urges government to create independent national security review body

This month, the Standing Committee on Public Safety and National Security issued its "Review of the Findings and Recommendations Arising From the Iacobucci and O'Connor Inquiries." These inquiries exposed that Mahar Arar, Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Narreddin were victims of "inaccurate intelligence sharing practices by Canadian security agencies..." The inquiries also "...exposed the glaring lack of civilian oversight of our national security activities." The report begins with the recognition that in the wake of 9/11, anti-terrorism efforts have "resulted in the racial profiling of members of the Muslim and Arab communities ..."

In its report, the Committee expressed strong concerns that all of the O'Connor recommendations had not been implemented, particularly, those concerning oversight. It issued the following five recommendations:

RECOMMENDATION 1:
The Committee reiterates the recommendation made in its report presented to the House of Commons on January 30, 20071 and recommends that the Government of Canada recognize the urgency of the situation by immediately implementing all the recommendations from the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar.

RECOMMENDATION 2:
The Committee recommends that the Government of Canada immediately issue regular public reports on the progress made in implementing the findings and recommendations arising from the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar and the Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki,
Ahmad Abou-Elmaati and Muayyed Nureddin.

RECOMMENDATION 3:
In consideration of the harm done to Mr. Almalki, Mr. Abou-Elmaati and Mr. Nureddin, the Committee recommends:

• That the Government of Canada apologize officially to Mr. Abdullah Almalki, Mr. Ahmad Abbou-Elmaati and Mr. Muayyed Nureddin.

• That the Government of Canada allow for compensation to be paid to Mr. Almalki, Mr. Abou-Elmaati and Mr. Nureddin as reparation for the suffering they endured and the difficulties
they encountered.

• That the Government of Canada do everything necessary to correct misinformation that may exist in records administered by national security agencies in Canada or abroad with respect to Mr. Almalki, Mr. Abou-Elmaati and Mr. Nureddin and members of their families.

RECOMMENDATION 4:
The Committee recommends that the Government of Canada issue a clear ministerial directive against torture and the use of information obtained from torture for all departments and agencies responsible for national security. The ministerial directive must clearly state that
the exchange of information with countries is prohibited when there is a credible risk that it could lead, or contribute, to the use of torture.

RECOMMENDATION 5:
The Committee recommends, once again, that Bill C-81, introduced in the 38th Parliament, An Act to Establish the National Security Committee of Parliamentarians, or a variation of it, be introduced in Parliament at the earliest opportunity.

Posted by Ashley Paterson (Law II) (LEAP Summer Intern)

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