Can the truth emerge if evidence is shown to the judge in secret, if "national security" is used as an excuse for non-disclosure at every crucial stage?

Friday 06 February 2004

Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness Anne McLellan today issued the terms of reference for the upcoming Arar Inquiry:

http://www.news.gc.ca/cfmx/CCP/view/en/index.cfm?articleid=76499&

Despite news headlines in the corporate media suggesting Justice Dennis O'Connor has been given "deep access" and "wide" scope of reference it is clear to this observer that Justice O'Connor's hands will be tied. Take a look at a few of the limitations that he must operate within:

(k) the Commissioner be directed, in conducting the inquiry, to take all steps necessary to prevent disclosure of information that, if it were disclosed to the public, would, in the opinion of the Commissioner, be injurious to international relations, national defence or national security and, where applicable, to conduct the proceedings in accordance with the following procedures, namely,

(i) on the request of the Attorney General of Canada, the Commissioner shall receive information in camera and in the absence of any party and their counsel if, in the opinion of the Commissioner, the disclosure of that information would be injurious to international relations, national defence or national security,

(ii) in order to maximize disclosure to the public of relevant information, the Commissioner may release a part or a summary of the information received in camera and shall provide the Attorney General of Canada with an opportunity to comment prior to its release, and

Also

m) nothing in this Order shall be construed as limiting the application of the provisions of the Canada Evidence Act;

Finally, there is no mention of the intent to clear Mr. Arar's name and reputation which was the primary reason Arar called for this inquiry. This is especially troubling because his innocence is not taken as an established fact.

I hope I am wrong but this may play out to be a trial of Mr. Arar's guilt or innocence instead of an investigation of CSIS and RCMP wrong-doing and systemic racism. And readers of this Web site know all too well how unfair such a trial can be for the defendant when evidence is shown to the judge in secret and "national security" is used as an excuse for non-disclosure at every crucial stage.

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This news item is from Justice For Mohamed Harkat
( http://www.zerra.net/freemohamed/comment.php?118 )