February 2008
Latimer Wins Decision for Day Parole BCCLA to Intervene in Kadhr Case

The BCCLA is applauding a decision of the Appeal Division of the National Parole Board to grant day parole to Robert Latimer. In its view of the evidence, the Appeal Division found that Mr. Latimer did not pose an undue risk to society if released on day parole.

Taking into consideration a wide variety of factors including the sentencing decisions of the courts, recommendations of juries, Mr. Latimer's history in prison, Corrections Canada opinions and the unique circumstances of his crime, the Appeal Division overruled the NPB's prior decision that had focused on Mr. Latimer's lack of remorse.

BCCLA President Jason Gratl independently represented Mr. Latimer.

Read the decision of the Appeal Division

Read the submission of Jason Gratl
on behalf of Mr. Latimer.

 


 

The BCCLA will intervene before the Supreme Court of Canada in March in the case of Minister of Justice et al v. Omar Ahmed Khadr. The Respondent, Mr. Khadr, was captured by American forces when he was 15 years old and has been in detention in U.S. Naval Station Guantánamo Bay since October 2002. He now faces a proceeding before a Military Commission that is a blatant violation of international law. While he was in detention in Guantánamo, Canadian officials interviewed Mr. Khadr about matters that were the subject of the subsequent charges. Canadian authorities passed on summaries of the information collected to the American government.

The question raised by the appeal is what constitutional duties Canada owes Mr. Khadr under the Charter in light of the flagrantly illegal conduct of the American government. The BCCLA will argue that by gathering evidence from Mr. Khadr and sharing it with American military authorities for use against him in the proceedings in Guantánamo Bay, Canada has become “constitutionally complicit” in those proceedings.

Canada’s complicity violates s. 7 of the Charter.The BCCLA will also argue that s. 7 of the Charter places Canada under a duty to protect its citizens from being subjected to proceedings in foreign countries that may deprive them of their liberty, and do so by virtue of procedures that are not in accordance with the principles of fundamental justice because they “shock the conscience.” Many highly regarded public interest organizations sought leave to intervene before the Supreme Court in this case, however, only the BCCLA and two other public interest organizations, the Criminal Lawyers Association and the University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch, were granted leave. The BCCLA is represented by Joe Arvay of Arvay Finlay and Professor Sujit Choudhry of the University of Toronto, Faculty of Law.

Opposition to Private,
For-Profit Prisons

The Association has adopted a position paper written by Gordon Mitchell. The paper sets out the BCCLA's opposition to prison privatization on the grounds that the profit-motive is incompatible with ensuring prisoners' residual liberties. 

Read the paper >>


BCCLA Calls For RCMP Participation in Dziekanski Inquiry

The BCCLA has called for revision of the Terms of Reference for the “study” Commission of Inquiry into the death of Robert Dziekanski to include participation by the RCMP’s ‘E’ Division. ‘E’ Division has the contract for provincial policing in British Columbia until 2012.

According to Wally Oppal, Attorney General for British Columbia, the RCMP declined to participate in the Commission of Inquiry because the RCMP is conducting “its own review”.

“The implicit message in the RCMP’s refusal to participate is that it answers to its people in Ottawa and not to the people of British Columbia”, said Jason Gratl, president of the BCCLA. “The people of B.C. pay for policing in this Province, but do not direct or oversee policing in British Columbia. If our Attorney General can’t bring the RCMP to heel, then this police force is not our own”. If the RCMP refuses to answer to the elected leaders of this Province, then British Columbia should establish its own provincial police force as exists in Ontario and Quebec.


Freedom Flyers
During the month of March, the BCCLA is accepting donations of frequent flyer miles under a new program offered by Aeroplan. Donated Aeroplan Miles will be used to reduce the cost of travel for BCCLA Board members, staff and guest speakers in carrying out work on behalf of the BCCLA, or redeemed as prizes for fundraising events. So if you have any Aeroplan Miles to share, please download the pledge form here. Thank you!

Prisoners of Conscience in the 21st Century
Vancouver Opera presents a special series of events that explores the plight of prisoners of conscience around the world. A panel of passionate experts will explore this subject on Wed., March 12, 2008, 7:30 - 9:30 pm at the Alice MacKay Room, Vancouver Public Library, Central Branch. Panelists include BCCLA Board Member Michael Byers, who is the Canadian Research Chair in International Law and Politics at UBC, Micheal Vonn, Policy Director of the BCCLA, and Derek Evans, former Deputy Secretary General of Amnesty International. 

Voices of Liberty
Friday, March 7, 2008, 8:00 pm
Christ Church Cathedral
690 Burrard Street, Vancouver

Felix Culpa theatre company presents readings of works by political prisoners and victims of torture, followed by a performance of Revenge, David Bloom's new adaptation of the Jacobean classic The Revenger's Tragedy.

This is a fundraiser for the B.C. Civil Liberties Association. Tickets and information: Click here.


Lily of the Valley
Visiting Banff this spring? The Walter Phillips Gallery at The Banff Centre is currently exhibiting works by Attila Richard Lukacs until May 11, 2008. This exhibition presents rarely seen still life paintings by Attila Richard Lukacs and also features an oil painting, IFART, which Lukacs has donated to the BCCLA. If you are interested in acquiring this original artwork, please contact Sarah Sandusky. Appraised value: $10,000. For more information on the exhibit, click here.

Fundraisers & Team Challenges
The BCCLA welcomes help from the community to fundraise for its civil liberties and human rights programs. We would be pleased to support your fundraising event by providing a speaker, brochures, donation forms or other available materials. Visit our new third party event webpage for ideas.

For help with donations and memberships, please contact our Director of Development, Sarah Sandusky, at sarah@bccla.org or 604-630-9750. As well, please contact Sarah to keep your address and contact information up to date so we can keep you informed of BCCLA activities.


Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work and upcoming events. The Association also publishes a newsletter, The Democratic Commitment, an annual report and posts its positions, submissions, legal arguments and news releases at www.bccla.org.

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