Green Party blasts Conservative immigration Bill

OTTAWA – The Green Party today expressed its concern regarding Bill C-3, An Act to Amend the Immigration and Refugee Protection Act (certificate and special advocate) and called for immigration security procedures that provide rigorous standards of procedural fairness and allow meaningful defences for all detainees.

“Canada’s government is responsible for ensuring our collective security, and the Green Party takes this responsibility very seriously,” said Green Party leader Elizabeth May. “The proposed changes to the Act are fundamentally flawed and will dramatically limit individuals’ ability to respond to government’s secret evidence against them.”

Earlier this year,the Supreme Court unanimously struck down the immigration security certificate system because it failed to meet the Charter’s standard of fundamental justice. The former system was excessively secretive and did not allow individuals subject to certificate proceedings to know the case against them.

“The Green Party is committed to ensuring security for all Canadians and will remain vigilant in our opposition to those who would threaten the safety of our communities,” said Green Party Justice critic Jared Giesbrecht. “However, the Green Party also believes what Canadians believe—true security will be gained from fair procedures that are governed by the rule of law.”

By introducing these amendments, the government is adopting the UK’s system of special advocates without public consultation. Under the new scheme, special advocates would be appointed to represent the interested of those subject to security certificate proceedings. However, after examining the evidence against the accused, the special advocate may not communicate with his or her client during the remainder of the proceeding, except with the approval of the judge. This process severely limits the advocate’s ability to respond to the government’s secret evidence and has been subject to significant criticism in the UK.

“Prime Minister Harper had an opportunity to demonstrate Canada’s commitment to international human rights through our counter-terrorism and security laws,” said Mr. Giesbrecht. “Instead, he chose to sacrifice human rights in the name of security and is actually opening the door for greater injustice and insecurity.”

The Green Party suggested that immigration-based security procedures should not only ensure that detention is a last resort but must contain provisions for a meaningful defence. A special advocate must be able to communicate effectively with the individual held under a security certificate and, for example, find out whether there is an innocent explanation for the accusations against them. In addition, when an individual is detained, this detention must be subject to prompt and fair review by an independent and impartial court.

In August of this year, New Zealand Green MP Keith Locke expressed similar concerns over a proposal for the special advocate system in New Zealand.