CLAIHR » Past Projects

Past Projects

Global Generations Conference: Human Rights and the Earth at a Crossroads

On February 19, 2008, the University of Ottawa Student Chapter of CLAIHR presented the 4th Annual Global Generations conference: Human Rights and the Earth at a Crossroads. The Global Generations Conference provides a unique forum for students from coast to coast to present their innovative research on contemporary human rights issues.

The Conference added a new dimension in 2008 by collaborating with the Environmental Law Students Association, to explore the intersection between human rights and environmental protection. Topics included the right to a clean environment, the impact of climate change on Inuit communities, and the growing problem of environmental refugees.

Student presentations were made in front of a diverse audience, including a panel of judges, composed of leading human rights and environmental law academics and activists. The keynote speaker was Anil Naidoo, Coordinator of the Blue Planet Project and expert advisor to the United Nations High Commissioner for Human Rights, Louise Arbour. Mr. Naidoo discussed water scarcity and the universal right to water.

RECAPPING RECENT CLAIHR INITIATIVES

Counsel for CLAIHR prepared motions to intervene in two high-profile appeals to the Supreme Court of Canada, Charkaoui and Almrei. Both cases pertained to the constitutionality and proper interpretation of the security certificate provisions of the Immigration and Refugee Protection Act (IRPA). These provisions create a regime whereby a person may be detained and deported from Canada on national security grounds even in cases where that person faces a serious risk of torture if returned to his or her home country. CLAIHR’s counsel for these intervention applications was Gib van Ert of Hunter Voith in Vancouver. Hunter Voith is a well-known litigation practice specializing in public law cases. Gib is a CLAIHR member and frequent commentator on the application of international law in Canadian legal proceedings.

CHARKAOUI INTERVENTION:

This appeal concerns Adil Charkaoui, a Moroccan national who was held in a Montreal jail for 21 months under a security certificate on claims that he was a terrorist with links to the al-Qaeda network. CLAIHR sought leave to intervene in the appeal to explain the relevance of international human rights law to the constitutional and interpretive issues presented by this appeal. In particular, CLAIHR sought to argue that the IRPA must be seen in the light of Canada’s international legal obligation not to return persons to torture (refoulement), and that the Supreme Court of Canada’s consideration of this issue in the Suresh case is inconsistent with that obligation.

ALMREI INTERVENTION:

CLAIHR also sought leave to intervene in a companion appeal to Charkaoui, the Almrei case. Hassan Almrei, a Syrian refugee, was detained on a government security certificate and imprisoned for nearly four years. He was accused of participating in an international forgery operation with connections to al-Qaida. Almrei brought constitutional challenges to two provisions of the IRPA on the basis of their infringement of s. 12 of the Canadian Charter of Rights and Freedoms, which protects against “cruel and unusual treatment or punishment”. CLAIHR sought leave to intervene to address the relationship of Charter s. 12 to Canada’s obligations under international human rights law to prevent cruel, inhuman or degrading treatment or punishment.

CLAIHR’s interest in the above-noted appeals arises from its ongoing concern to protect and promote internationally recognized human rights. In particular, the IRPA provisions at issue engage the right, expressed in article 3(1) of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, not to be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. Other recognized or developing norms of international human rights law may also be engaged by the IRPA provisions. As a Canadian charity devoted to the protection and promotion of international human rights, CLAIHR feels especially well-placed to advance arguments on the relevance and application of international human rights law to constitutional and statutory interpretation in Canada. CLAIHR has played this role once before as intervener in the 2004 Bouzari v. Islamic Republic of Iran appeal before the Court of Appeal for Ontario.

Unfortunately, CLAIHR’s applications for leave to intervene in the above-noted appeals were dismissed by the Supreme Court of Canada in May 2006. Notably, CLAIHR’s intervention applications in both cases were opposed by the Government of Canada. CLAIHR remains extremely concerned with the international human rights issues that have arisen from both cases and intends to monitor them closely.

SENATE SPECIAL COMMITTEE ON THE ANTI-TERRORISM ACT:

CLAIHR requested standing to appear before the Senate Special Committee on the Anti-Terrorism Act. The Anti-terrorism legislation represents an unprecedented response by the Government of Canada to the threat of terrorism brought about by the events of September 11, 2001. These events have prompted governments throughout the world to take extraordinary legal measures to combat the threat of terrorism. In enacting Bill C-36, the Anti-terrorism legislation, the Government of Canada has made sweeping legislative changes that affect and impact upon many civil liberties that Canadians have considered inviolable. The legislation has created extraordinary new powers for law enforcement agencies, which would have been unheard of prior to September 11. Canadians need to be vigilant in ensuring that basic civil liberties are not compromised by the legislation.

On May 2nd, 2005, Mr. David Morris, a CLAIHR member and lawyer affiliated with Bell, Unger, Morris appeared before the Senate Special Committee on the Anti-Terrorism Act. Consistent with CLAIHR’s mandate, David drew to the Committee’s attention a number of issues raised by the legislation that may significantly impact upon human rights including, but not limited to:

there are significant concerns that the legislation may not be sanctioned by international human rights law;
the legislation impacts significantly or exclusively on specific religious and ethnic minorities;
the legislation unreasonably results in breaches of the Charter, including the right to counsel and the right to silence during investigative hearings.

CLAIHR’s Executive and Board of Directors are especially grateful to David for his worthy efforts in ensuring that the submission was a great success. Without a doubt, David effectively demonstrated that CLAIHR endeavours to address how the legislation may affect the perception of Canada’s human rights record abroad, which could potentially undermine Canada’s reputation as a leading nation in the advancement of human rights globally. CLAIHR has a unique perspective to bring to the issues under review by the Special Senate Committee. CLAIHR’s experience and profile in the legal community will contribute significantly to the Committee’s understanding of the importance of the issues not only in Canada, but also throughout the world.

CLAIHR is continuing to expand its knowledge and expertise in the issues raised by the Anti-terrorism Act. If you are interested in assisting further with any research or writing on this subject, please contact Reem Bahdi, Faculty of Law, University of Windsor (rbahdi@uwindsor.ca).