BCCLA Renews Calls for Reform after Federal Court Decision
To Refuse Protection to Man at Risk of Torture

The BC Civil Liberties Association is calling upon the federal government to
immediately amend the Immigration and Refugee Protection Act (IRPA) in
light of the decision yesterday of the Federal Court in Jaballah v. Canada.

Mr. Jaballah has been detained since 2001 under the Security Certificate
provisions of the IRPA. These provisions permit the federal government to
detain those it considers a danger to the security of Canada without basic due
process protections. These provisions permit the government to use secret
evidence and deport individuals in spite of a risk of torture.

BCCLA President Jason Gratl: "Our Association is on record calling for major
reform of the Security Certificate process to bring it into compliance with
Charter protections and Canada's obligations to oppose the use of torture in
all contexts. This decision only underscores the urgent need for such reform.
We expect to be at the Supreme Court of Canada in June as intervenors in a
case testing the constitutionality of Security Certificates. In the meantime,
we urge the Canadian government to move to shut the door permanently and
unequivocally to ever deporting prisoners to torture."

In yesterday's decision, Mr. Justice MacKay of the Federal Court ruled that the
decision by the federal government that Mr. Jaballah is not in need of protection
because of evidence that he constitutes a risk to the security of Canada to be
reasonable. Neither Mr. Jaballah's lawyers, nor independent lawyers, have
access to this evidence and are effectively unable to challenge it. Justice
MacKay made his decision in spite of the fact that the federal government
itself has determined that Mr. Jaballah would face torture and death if deported
to his native Egypt.

The BCCLA's position on security certificates