The BCCLA was successful in lifting a publication ban imposed in the case of a private prosecution of George Bush for allegedly counseling, aiding and abetting the commission of torture in connection with Abu Ghraib prision in Iraq and Guantanamo Bay, Cuba. The private prosecution was brought by Gail Davidson of Lawyers Against the War.

The BCCLA was granted intervenor status to argue against the publication ban. The Association made preliminary arguments that the ban stifled public debate without advancing the public interest. The Provincial Crown subsequently withdrew its application for the ban and the ban was lifted on October 17, 2005 by Madam Justice Satanove.

Although the publication ban is lifted, the case is not at an end. The BCCLA will attempt to overturn the current practice in British Columbia of closing courtrooms to the public in relation to private prosecutions when courts are considering whether there are sufficient grounds for charges to be laid.

In January of this year, the BCCLA Board approved a position paper that denounced the lack of procedural safeguards in the security certificate process. Security certificates allow for the deportation of permanent residents, refugees and visitors who are deemed security threats. The Board has now refined its original position to highlight our absolute opposition to indefinite detentions and deportations that subject persons to the risk of death or torture. The Board passed several recommendations for legislative reform which, if passed, would provide a minimum level of due process and fairness and prevent indefinite detentions and deportations to torture.

The BCCLA has long been a critic of the Anti-Terrorism Act, the legislation that was passed in late 2001 to respond to the attacks in New York. As a result of a three year review of the law, BCCLA President Jason Gratl and Executive Director Murray Mollard traveled to Ottawa in October to meet with both the House Subcommittee on Public Safety and National Security and the Senate Special Committee on the Anti-Terrorism Act to submit our brief.

Our brief emphasizes, if the ATA is not repealed in its entirety, that the definitions of "terrorist act" and "national security" need to be narrowed significantly, that secrecy rules in the Canada Evidence Act need to be rewritten to permit more openess and that there needs to be a complete overhaul for the accountability mechanisms for our national security agencies including better civilian review. Finally, the BCCLA urges immediate reform to the security certificate process that has permitted Canada to indefinitely imprison non-citizens without charge, a situation akin to torture. The BCCLA's brief can be viewed at: www.bccla.org/othercontent/curbing%20excess.pdf

The BCCLA is set to meet with Justice Dennis O'Connor, Commissioner of the Arar Inquiry, in November in Ottawa to discuss an appropriate mechanism for the RCMP's national security work. Our submission can be found at: www.bccla.org/othercontent/05ararpolicy.htm

The BCCLA relies heavily on the support of people like you who believe in freedom, civil liberties and our work to protect it. Without your support the Association will not be able to continue this work so choose to become an active participant in preserving these freedoms and join us today.

Be a part of an organization that believes in and protects the rights of all Canadians. If you are already a member, help us to enlist others and encourage participation in your communities. Join today if you are not already a member and discover the privileges that come with being a BCCLA member. As a member, you will automatically receive copies of some of our most popular publications such as the Citizenship Handbook and the Privacy Handbook. For more information on becoming a member or to help someone else become a member please email sarah@bccla.org for a copy of our new membership brochure or sign up online.

Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work.
The Association publishes a newsletter, The Democratic Commitment, three times a year and posts its positions, submissions, legal arguments and press releases at www.bccla.org.