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  • 2007 May : Law Union of Ontario
    an animated rally in support of the long awaited policy was held outside of 5050 Yonge the headquarters of the TDSB Supporters including members of heath centres community agencies legal advocates youth groups parents the Canadian Union of Public Employees the Canadian Auto Workers as well as effected community members rallied to show their continued support for sanctuary schools Albert Koehl from the Education Rights Task Force one of the advocacy groups fighting for similar policies for the past eight years highlighted the importance of this victory and the tremendous efforts mounted by the Don t Ask Don t Tell campaign Kelly O Sullivan from CUPE spoke about the importance of partnerships between trade unions and community groups on such initiatives she stated access to services is fundamentally a workers issue Graduate student and U S immigration advocate Francisco Villegas highlighted the fact that similar DADT policies have already been won through community mobilizations in several US jurisdictions Sima Zerehi from No One is Illegal and Judith Rae from the Immigration Legal Committee spoke about the need to continue community mobilizations beyond the vote in order to insure that the policy passed is also actively implemented and communicated to all TDSB staff administrators students partner agencies and communities Zerehi made links between similar paper policies at the Toronto Catholic School board which are scarcely known and have yet to be fully implemented Grade 10 student Anika Ashraf one of the most passionate voices amongst the group spoke eloquently about the outrage she felt upon hearing stories of fellow students Kimberly and Gerald Lizano Sossa who were brutally targeted by immigration enforcement while in school She spoke about the need to move forward quickly on the implementation of the policy in order to prevent such future incidents Members of the DADT

    Original URL path: http://www.lawunion.ca/2007/05/ (2013-06-03)
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  • 2007 August : Law Union of Ontario
    lawyer questioned the quite unusual security precautions taken by police during the hearings including asking visitors to sign a guest book and to be videotaped before entering the courtroom Many people thought they were being investigated Rosenthal contended Many planned to attend today but didn t In dismissing the complaint Fournier said security is often complex and it s not within my jurisdiction to police the police Then in what is contrary to normal practice for a defence lawyer Rosenthal argued against the Crown s motion of having a publication ban put in place during the inquiry Typically the accused in a case asks for a ban on publicity during preliminary inquiries â a move the judge is required to grant if sought by the defence Crown attorney Robert Morrison said the Brant matter was an emotional type of case and a ban must be enacted in order to protect the integrity of jury selection if the matter is to go to trial Rosenthal meanwhile said the Crown presented all sorts of inflammatory evidence during the two previous bail hearings which didn t have any bans on content To argue for a publication ban now given that is a bit odd he said In handing down his decision to enact a ban Fournier said any informationpresented during a bail review has no consequence I do have a responsibility to protect the integrity of this process Security tight as inquiry opens Mohawk activist Shawn Brant accused of mischief breaching bail Frank Armstrong Local news Tuesday August 28 2007 00 00 http www thewhig com webapp sitepages content asp contentid 671085 catname Local 20news classif A preliminary inquiry for a Mohawk activist accused of mischief and breaching his bail conditions by leading two railway blockades and disrupting traffic on Highway 401 earlier this year began yesterday Shawn Brant 43 faces nine criminal charges in relation to thedisruptions one in April in the Napanee area and three in June in the Deseronto area Mohawks and their supporters ran a 30 hour blockade on the CN Rail tracks in Napanee on April 20 to protest the operation of a gravel quarry on land subject to negotiations between the Mohawks of the Bay of Quinte and the federal government They blocked the CN tracks again on June 28 and 29 as part of a national aboriginal day of action on June 29 to bring attention to problems faced in First Nations communities such as poor water quality poverty and high youth suicide rates They blocked Highway 2 near Deseronto and forced police to close off a stretch of Highway 401 Security was unusually tight at yesterday s hearing in Napanee Court Spectators and witnesses entering the court had their bags searched and about six uniformed OPP officers guarded the stairs and waiting area outside the courtroom The officers also made people turn out their pockets and swept a metal detector over each person Peter Rosenthal Brant s Toronto lawyer pointed out that unlike his client

    Original URL path: http://www.lawunion.ca/2007/08/ (2013-06-03)
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  • 2007 September : Law Union of Ontario
    muhajadeen fighting the communist government in Afghanistan The fight against the Russian invaders and later after the Russians left against the Najibullah government was supported by the Saudis many other Arab governments and mainly by the CIA Hassan came down with malaria and after 27 days returned home He made four more trips to Afghanistan in 1991 1992 1994 and 1995 Eventually he left the Middle East and came to Canada where he made a successful refugee claim During the course of our discussions Hassan told me of an on going argument he was having with the nurse in the KIHC She came to see him every day He did not want to see her and had told her and jail officials that if he needed medical help he would ask for her The morning of the day I saw him the argument had been a little more heated After meeting with Hassan and representing him at the cross examination I left to drive to Ottawa for a hearing in the Harkat case The next day when driving back to Toronto I received a call on my cell phone from a friend of Hassan I was told that when Hassan had returned to his cell after the cross examination he was advised that because of the argument with the nurse he was to be locked in his cell Hassan responded to that by announcing that he would stop drinking juice and water Based on the information I had concerning lengthy hunger strikes I thought that likely left Hassan a few days to live When I spoke with senior jail officials it appeared that they thought the same thing They had given Hassan a non resuscitation letter and wanted him to get legal advice from me about signing it I declined to give him legal advice on that issue Hassan discussed the matter with MP Bill Siksay who was visiting him I tried over the phone to resolve the issues but had no success Late that day when I got back to Toronto I sent emails to the government lawyers on the case I proposed some minor changes to the situation in the jail that would stay in place until the court reached a decision on the injunctive relief application The next day the government agreed to my proposals and Hassan ended his hunger strike The motion for the injunction was settled on the first day of the week scheduled for the hearing Settlement was achieved after another mediation session with Chief Justice Lutfy and agreement to terms and conditions set out in a sealed document that was filed with the court In July we commenced the third detention review hearing for Mr Almrei this time before Justice Lemieux Significant reliance was placed on the evidence and findings from the two previous bail hearings The new hearing was done under the new rules set out by the Supreme Court of Canada in its February 23 2007 decision in Charkaoui Almrei and Harkat case We spent a total of six days in Court hearing evidence and adducing argument Justice Lemieux has reserved his decision I am not allowed to give out the details of the settlement I can tell you that the situation in the KIHC is better than it has ever been there or at the Toronto West Still it is outrageous that the unconstitutional security certificate process has kept Mr Almrei in detention in inhumane conditions for 46 months The treatment of Mr Almrei by CBSA and Corrections Canada officials at KIHC would have had the effect of driving most inmates stark raving mad I do not suggest that was their intention but their bureaucratic unthinking unresponsive attitude could well have achieved that result National in Security 2007 09 12 12 Sep 2007 Categories National Security National in Security Law and Issues by Paul Copeland Since the late spring of 2004 an ever increasing amount of my practice has been devoted to representing men being held in security certificate matters under the Immigration and Refugee Protection Act representing Abdullah Almalki who was granted standing at the Arar Inquiry representing Abdullah Almalki at the Iacobucci Inquiry Harkat Case I took over the case involving Mohamed Harkat from Rocco Galati and Bruce Engel in the late spring of 2004 While on the Illegals Motorcycle Club annual ride in June I was talking about the case in a pub with my fellow riders The Illegals Road Captain Phil Campbell put his hand on my shoulder and said Paul this case is perfect for you I asked Why and he said Because there are no rules That in fact is how I have dealt with the case and the two other security certificate cases that I have now worked on In the Harkat case Justice Dawson in the fall of 2004 found that the security certificate issued against him was reasonable At the same time she dismissed our Charter application In May of 2006 Justice Dawson granted release to Mr Harkat on perhaps the most stringent bail terms ever imposed in Canada In June of 2006 we argued the Section 7 fundamental justice Charter issue in the Supreme Court of Canada In July of 2007 the Federal Court of Appeal without calling on us dismissed the governmentâ s appeal of the bail ordered by Justice Dawson In February of this year the Supreme Court of Canada found that the procedure used on the security certificate reasonableness hearings violated section 7 of the Charter and was not saved by section 1 of the Charter The Supreme Court gave the government one year to amend the legislation Once a year is up we can apply to quash the decision that the security certificate was reasonable In the Harkat reasonableness case there was a great deal of argument relating to my clientâ s alleged association with a senior Al Qaeda man named Abu Zubaydah I argued that a three line statement attributed to Abu Zubaydah should not

    Original URL path: http://www.lawunion.ca/2007/09/ (2013-06-03)
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  • 2007 October : Law Union of Ontario
    Law Union Delegation to El Salvador Recent Posts 2013 05 14 14 May EVENT Resistance Continues to Harper s Omnibus Crime Bills May 23 6 30 8 30 2013 04 25 25 Apr Call to Action May Day March on May 1st 2013 03 03 3 Mar 2013 Law Union Conference Receives LSUC CPD Hours Accreditation 2013 02 25 25 Feb ANNUAL CONFERENCE OF THE LAW UNION OF ONTARIO March

    Original URL path: http://www.lawunion.ca/2007/10/ (2013-06-03)
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  • 2006 : Law Union of Ontario
    Corporations and Environmental Crimes and released a background paper written by Sarah Dover titled Fighting Canadian Corporations and Environmental Crimes Human Rights Violations and Environmental Harms by Canadian Mining Companies A Call for Law Reform The Law Union then organized a working group to provide law reform ideas and momentum this group has been resting over the summer Simon Archer and Sarah Dover are currently working on a written submission to the roundtable due November 17th Next steps will involve looking to the law union membership and the mining working group for ideas and involvement in law reform efforts Further Resources The Halifax Initiative Extractive Industries and Corporate Social Responsibility http www halifaxinitiative org index php Issues CNCA National Roundtables on Corporate Social Responsibility and the Canadian Extractive Sector in Developing Countries http geo international gc ca cip pic library CSRDiscussion 20Paper pdf The Standing Committee on Foreign Affairs and International Trade Fourteenth Report http cmte parl gc ca cmte CommitteePublication aspx COM 8979 Lang 1 SourceId 122762 Save the Court Challenges Program 2006 10 18 18 Oct 2006 Categories Access to Justice News The federal government announced on Sept 25 2006 that it was abolishing the Court Challenges Program a small program that provided modest contributions to the cost of important test cases dealing with language and equality rights Without this Program Canada s constitutional rights are real only for the wealthy A website is now online to coordinate national efforts to save it http www savecourtchallenges ca Examples of cases supported by the Court Challenges Program Equality Rights Canadian Newspapers Co v Canada Attorney General 1988 2 S C R 122 A man was charged with sexually assaulting his wife The woman applied for an order banning publication of any information that would identify her Canadian Newspapers Co took the position that the Criminal Code contravened the guarantee of freedom of the press in the Charter The Supreme Court of Canada ruled that the the Criminal code section is justifiable since ito encourages victims of sexual assault to come forward by protecting them from the trauma of publication resulting in embarrassment R v Butler 1992 1 S C R 452 The Supreme Court of Canada articulated a harms based test for determining when material should be considered obscene the community standard of tolerance test i e what Canadians would not tolerate other Canadians being exposed to Material which may be said to exploit sex in a degrading or dehumanizing manner will fail the community standards test because it is perceived to be harmful to society particularly women R v Prosper 1994 3 S C R 236 In this case the Supreme Court of Canada held that where an impoverished arrested person requests counsel the police must desist from attempting to obtain a statement until counsel has been provided The poor are not constitutional castaways Egan v Canada 1995 2 S C R 513 A gay couple from British Columbia challenged the definition of spouse in the Old Age

    Original URL path: http://www.lawunion.ca/2006/ (2013-06-03)
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  • 2006 January : Law Union of Ontario
    by the Director of CSIS or people that are his superiors whether it is appropriate or not JUSTICE LEMIEUX I am going to overrule that objection He is in crossï examination He is entitled to probe the Witness THE WITNESS I am sorry could you repeat the question BY MR COPELAND Q Probably not What I want to know is whether or not the issue of how the Americans or their proxies were treating alï Qaeda prisoners wherever they were in the world whether or not that should have been something brought to your knowledge as the Senior Analyst for CSIS in matters relating to alï Qaeda A As I have stated I am not aware of any discussions that took place within the Service in that regard and since I am not aware that there are or are not or rather were or were not discussions then I cannot see how I could actually be included in those discussions Q Let me suggest to you that CSIS does not care in the least whether or not people are tortured as long as they get the information A I believe I have already answered that I believe that not to be true Q Can you tell me what steps you took personally to ascertain whether or not information that was coming to you was obtained by torture or may have been obtained by torture A As I have stated as an analyst whether senior analyst or junior does not matter when we do our analyses and write our papers we ensure to the best of our ability and knowledge that the information has been corroborated and is in fact accurate information Q And do you check to find out whether or not it came from torture Do you make inquiries about that A Again as an analyst I seek to find out if the information is correct Q And you do not care whether or not the original source of it came from torture MR MATHIESON This question has been asked now My Lord about three or four times I think it may be crossï examination but it is time for my friend to move on JUSTICE LEMIEUX I will overrule that I am not satisfied that the Witness has answered appropriately I was going to ask him a question and may still ask him a question THE WITNESS I can state that I have never personally asked any individual whether or not specific information was obtained under torture no JUSTICE LEMIEUX May I ask a question Mr Copeland MR COPELAND Pardon JUSTICE LEMIEUX May I ask a question MR COPELAND Sure JUSTICE LEMIEUX If you did not as the Senior Analyst if you did not ask under what conditions the information which you received was obtained how can you be satisfied that the information is reliable because you yourself have said it affects the reliability If you do not even inquire and the person has been tortured then the information is unreliable how can you rely on it THE WITNESS That is a very good question My Lord The key to analysis the key to using information and judging the reliability or veracity of the information rests on corroboration If you receive the same information from a variety of sources of variant degrees and the information is consistent then as an analyst you make the judgment that that information is in fact true and therefore it can be used in your analysis BY MR COPELAND Q So let me understand this You get some information from Abu Zubaydah who may or may not have been tortured It is corroborated by somebody else whether it is corroborated by one of the other 11 detainees listed in the Human Rights Watch Ghost Detainees paper A Yes Q And you do not inquire whether or not that person has been tortured then it is corroborated A No In fact as I am trying to establish we receive information we corroborate it from a number of different sources and in fact if it was determined that all of the information and all the corroboration came from the same type of sources under the same conditions then we would have to seek other corroboration that verified or did not verify that information Q But you just told me before you did not ask anything or so far as you know the Service did not ask anything about the conditions that Abu Zubaydah was being held in So you are not going to ask anything about the conditions that somebody else is being held in So you are going to have two sources of information you know nothing about how the information was produced One corroborates the other and then you put it in the report A No I have stated that we seek as many sources of information as possible and if the information comes from similar types of sources about which perhaps we do not have information as to how it was obtained under what conditions we would seek other forms of corroborated information Q So let me try this CIA says to you we got information from Abu Zubaydah We got information ï ï if I could find the name here I can pronounce ï ï Ramzi bin alï Shibh that say for example my client was in Afghanistan And you have done nothing to make any inquires about where the CIA got the information or how they extracted the information one is corroborating the other Would it go into a report A Not necessarily Again corroboration comes from looking at a variety of sources I as an analyst would consider a CIA source if this is the one we want to use here as a source of information I would also seek corroboration from information that did not come from the CIA Q But assuming you have two sources there are two pieces of information from the CIA CIA is your

    Original URL path: http://www.lawunion.ca/2006/01/ (2013-06-03)
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  • 2006 February : Law Union of Ontario
    two and a half years ago See the court pics demo in front read about the victory Go Here Photo The victorious defence lawyers Yavar Hameed l of Ottawa with Denis Barette and Pascal Lescarbeau of Montreal Recent Posts 2013 05 14 14 May EVENT Resistance Continues to Harper s Omnibus Crime Bills May 23 6 30 8 30 2013 04 25 25 Apr Call to Action May Day March

    Original URL path: http://www.lawunion.ca/2006/02/ (2013-06-03)
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  • 2006 March : Law Union of Ontario
    there They also said they may be persecuted if returned to the United States But the board refused to consider the legality of the invasion dealing a blow to their case It s just very convenient that of all the things in the world the one thing the refugee board can t decide upon is whether the U S invaded Iraq illegally lawyer Jeffry House said outside the courtroom We re asking that this court state that we would have a right to litigate that question and provide evidence on that question If the Federal Court agrees to overturn the ruling the case will go back before the refugee tribunal If the court declines it must decide whether to let the cases proceed to the Federal Court of Appeal The soldiers who face court martial and up to five years in prison in the United States may remain in Canada while their case is under appeal Full Story Sharing Info on an Infiltrator Solidarity with Arrested Enviros 2006 03 22 22 Mar 2006 Categories Criminal News Three enviros doing actions associated with Earth Liberation Front ELF in the U S were nabbed by cops thanks to two years of work by Anna the infiltrating snitch Now the word s out and folks are tracing her movements courting activist trust all her emails signed off with solidarity or resist For the full expose of a lying snitch infiltrator click here Forgive a wee rant here â the lesson is NOT that we should respond by treating each other with suspicion The lesson is that there is RISK associated with planning SOME actions â autonomy is good So is legal support â œWeâ are prone to internalize the criminalization of dissent by becoming our own police dividing ourselves into â œcoolâ and â œnot coolâ when in reality it is RARE that we need to actually plan in private and as â œAnnaâ proves we will NOT know who the undercover is I was part of an action that included an anarchist block â one of the key organizers turned out later to be a cop arrived at a demo in uniform He was involved in the organizing of the action as long as any of us and was as involved in the stupid corporate security culture discussions about who was cool and not cool as anyone He seemed more cagey and suspicious than average less open and outreach y than average and totally a part of planning proposing edgy actions face piercings native had all the lingo I could go on WE WILL NOT KNOW THE UNDERCOVER tho we successfully picked off a few fifty buck a day informants We need to stop â œblaming the victimâ stop spreading corporate security toxins within our community and get on with the business of building for better days ACTION ALERT Free Leonard Peltier 2006 03 22 22 Mar 2006 Categories Criminal News Political Prisoner held for 30 years by U S government A

    Original URL path: http://www.lawunion.ca/2006/03/ (2013-06-03)
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