New information surfaces on Minister of Citizenship and Immigration's involvement in George Galloway banning

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kim elliott kim elliott's picture
New information surfaces on Minister of Citizenship and Immigration's involvement in George Galloway banning

Some of rabble's staff spent the week-end poring through federal court documents in the upcoming court date on the George Galloway ban from Canada (The court date is April 26th)

Two stories - that we think are big stories - have come out of the review. In the first, despite Minister of Citizenship and Immigration, Jason Kenney's comments that his office was not involved in the banning of the British MP from Canada, the emails presented to the court show his staff's direct involvement, and point to the Minister's awareness of this. We've included all of the emails as attachments in the articles so you can read yourself - but there is some pretty intense stuff in there, including the Minister's communications director madly searching for George Galloway's whereabouts to ensure that he would not be mistakingly allowed to cross the border. A big question revealed in these emails is that the news of Galloway's banning was leaked to the British media before Galloway was informed. This could be a violation of Canada's Privacy Act - and the documents and testimony reveal some serious questions about where the source of the leak came from.

The second story follows another intrigue: how these emails that make up the first story were mistakingly released to Galloway's lawyers in the first place. The Canadian government attempted to have the documents returned, unopened and unread, in order to redact what they described as large parts of the documents for issues of national security. This claim that was rejected by the court (with the minor exceptions related to revealing direct contact info of some individuals).

Have a look. We're curious to know what you think of the information.

 

Cueball Cueball's picture

Thanks Kim. I was looking at that. We are counting on you to publish all the information, if you can.

kim elliott kim elliott's picture

Hi Cueball, the public court documents that we reviewed are available as pdfs here.  [edited to add] Just to be clear, these include the documents that the government claims needed to be return and redacted as a matter of national security.

skdadl

Excellent reports, kim -- very well done, all staff who worked on them.

 

I still have to read the second report -- I'm especially interested in Judge Mosley's reasons for refusing to accede to the government's request to have the docs back for redaction. Mosley is turning out to be such a good guy -- he's the judge who went through the docs the government had on Omar Khadr, eg, and decided (after the Supreme Court ruling) which could be released, among them the video of CSIS agents fumbling at GTMO and some important emails, and he's made other decisions that suggest he's pretty sceptical of the government's arguments about the need for secrecy. Given that he was the civil servant who drafted the anti-terrorism act in 2001, I was a little surprised at the spine he's shown as a judge, but I'm now a fan.

kim elliott kim elliott's picture

Hi skdadl, the judge's order's re: the request to have the documents returned for redaction is very minimal in terms of explanation.  What is key is to read are the arguments made by the government, that outline the many reasons related to national security for which the documents need to be returned, and argue that large portions of the document require redaction.  The judge refuses that request, with the exception of some very specific and minimal information - mostly direct contact info of government staff. 

skdadl

Hmmn. Well, I'm at the point now where I need to be pointed at the government docs that actually "outline the many reasons related to national security for which the documents need to be returned, and argue that large portions of the document require redaction." I think I've skimmed them all, and I see very little in the way of reasons -- ie, anything beyond the mere claim -- although Barbara Jackman's summaries are, as one would expect, very helpful. (The CBSA claim that other agencies need consulting is amusing.) But maybe I'm missing something. It would be helpful if the pdf/s in the main list could come with explanatory labels.

 

Anyway, I think that the very terseness of Judge Mosley's ruling is telling. He gave the government the back of his hand. That is precisely what we need in our judges, something approaching the scepticism of the UK High Court about claims of national security/damage to international relations/jurisdictional claims -- ie, judicial assertiveness that we haven't quite seen yet from our Supremes, although one has the feeling that they are inching towards it. In their Khadr decision, they did say that no such claim can justify a constitutional violation, although they backed into that and haven't done much about it since. I'm hoping that Mosley is getting ready to tell government lawyers that "national security" does not mean CYA, and if they try that again in his court, they should bring a toothbrush. (I don't actually know whether Canadian judges can do that; I believe that American judges can if they get annoyed enough.)

 

I note also from Jackman's summaries that there are many relevant docs still missing?

 

This case is so important for a whole host of reasons. The ban on Galloway should be lifted. The patent misbehaviour of Alykhan "Infandous" Velshi, if not also of the minister, needs some kind of censure probably beyond what the court can do. A lot of other civil servants (eg, at CBSA) need some re-edumacation in resisting the politicization of their work. And beyond all that, we have the problem of living in an era of "strong" executives, here, in the UK, in the U.S., and elsewhere, who are not being checked in their abuse of secrecy claims by their legislatures and against whom our last defence is either the courts or citizens rising in the streets.

 

And to the detective work: Just a guess, but it's always been my suspicion that the "journalist" who first alerted Velshi to Galloway's visit is Meir Weinstein of the JDL. Weinstein appeared on UK television at the time; I wouldn't be surprised if he was also the source of the leak to the Sun, and I wouldn't be surprised either to learn that he and Velshi (given Velshi's improper granting of an interview with the Sun) colluded on that leak. I raise these points only as speculation -- if they are legally problematic for babble, please feel free to edit.

 

 

 

 

RosaL

Ha! Very interesting. Well done. 

contrarianna

At least the British press has picked up the the story (with a hat tip to the work of rabble reporters).
http://www.guardian.co.uk/world/2010/apr/21/george-galloway-canada-ban-h...

Too bad the oft repeated use of Immigration dept. and the Canadian Border Services Agency as the private police enforcers for the Ruling Party in Canada its only gets a ho-hum from Canada's own complicit media.

Democracy? Free exchange of ideas? Who cares, eh?

NDPP

'It's All Nonsense': Goerge Galloway on Canada's Cold Shoulder

http://www.theglobeandmail.com/news/politics/its-all-nonsense-george-gal...

"If you want my honest opinion, I think the Canadian government is more afraid of my views on Afghanistan than they were on my views on Palestine. The Canadian people know that the blood of their soldiers is being spent and the treasury of their treasure is being spent on a doomed enterprise. And I'm far from not being taken seriously.."

British MP to Appeal Ban from Canada

http://www.cbc.ca/canada/story/2010/04/26/galloway-entry-ban-appeal.html

"If I can be called a terrorist, the word terrorism has no meaning...If the ban is overturned, he would pause only to pack a toothbrush and a clean shirt before returning to Canada, he said.."

Frmrsldr

NoDifferencePartyPooper wrote:

'It's All Nonsense': Goerge Galloway on Canada's Cold Shoulder

http://www.theglobeandmail.com/news/politics/its-all-nonsense-george-gal...

"If you want my honest opinion, I think the Canadian government is more afraid of my views on Afghanistan than they were on my views on Palestine. The Canadian people know that the blood of their soldiers is being spent and the treasury of their treasure is being spent on a doomed enterprise. And I'm far from not being taken seriously.."

British MP to Appeal Ban from Canada

http://www.cbc.ca/canada/story/2010/04/26/galloway-entry-ban-appeal.html

"If I can be called a terrorist, the word terrorism has no meaning...If the ban is overturned, he would pause only to pack a toothbrush and a clean shirt before returning to Canada, he said.."

Mr. George Galloway is a man of whit and intelligence and unquestionably has my admiration.

Keep up the good work, George!