Sunday, November 30, 2008

Proposed External Monitoring (part 1)

My co-blogger previously mentioned how we would implement a new process for the accused if they are actually found guilty.

As noted in a previous post ( ), there is clearly a need for someone to keep a check on the CSIS process and use of security certificates and treatment of evidence. Further, there is a need to ensure the rights and proper treatment of the detained and operations of a fair trial.

In addition to having monitoring of CSIS, the hearing process and ensuring the rights from bodies on ‘the inside’, there should also be external bodies to make sure there are no cracks. There should be a neutral third party. For example, we suggest the Canadian Bar Association (CBA) could take part in monitoring the hearings and ensuring the human rights of detainees are being ensured during detention.

The mandate of the Canadian Bar Association is to improve the law, the administration of justice, improve and promote access to justice and promote equality in the legal profession and in the justice system improve.

The President of the bar has, along with others, spoken out about US detainees in Guantanamo and their invitation for the detainees “to challenge the validity of their detention in US courts”. He has also supported the statement that the “war on terrorism will not and cannot be won by denying those suspected of terrorism the fundamental right of a fair opportunity to test the evidence against them.

The CBA also spoke out on the matter regarding Omar Khadr, the only Western citizen being held in Guantanamo. The CBA wrote to Harper advocating for the release of Khadr into Canada and stated that facilitating Khadr’s detainment is affront to the rule of Canadian law.

Due to The Canadian Bar Associations familiarity and activism regarding other detainees, they would be suited to advocating for the rights and fair trials of Canada’s detained non-citizens.

I leave you on this note as quoted in the Globe and Mail:
"I don't think the Canadian Bar Association has ever shied away from controversy. We are not a shy, retiring organization.” The CBA has a huge amount of credibility nationally and internationally.


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