Canadian Civil Liberties Coalition Calls for End to Terrorist Entities Listing Regime

While ostensibly a tool to protect the safety and security of people in Canada and internationally, the terrorist entities list is an arbitrary political tool that undermines freedom of association, freedom of expression and due process in the courts. Its effectiveness as a national security tool has never been demonstrated in a manner that justifies its use.

Due to the deep flaws in the terrorist entity listing process, the International Civil Liberties Monitoring Group (ICLMG) has consistently called for the regime to be abolished since the Canadian coalition’s founding in 2002.

Placing an organization on the list is a secret, discretionary process through which the government can consider any information – including untested intelligence. The listing allows the government to circumvent criminal charges or trial, placing the burden on the listed entity to challenge the supporting information, much of which is kept secret for “security reasons.” Nor is there a coherent process in place to challenge such a listing. The result is an effective violation of due process and the presumption of innocence.

The consequences of listing are severe. Assets are frozen, any use of property owned or controlled by the listed organization is a crime, as is providing any form of financial or in-kind support. Moreover, there is the stigmatization of being listed, tagging the organization, and anyone accused of being associated with it as being a “terrorist,” regardless of their personal actions, without ever laying criminal charges or proving guilt in court.

In the 24 hours since this announcement, there have already been calls on social media to label any individual attending an event, or associating with individuals linked to Samidoun, as terrorists or terrorism supporters.

Because it is illegal to support a listed entity in any way, including financially, it means that the organization cannot fundraise or pay a lawyer to mount a defense and challenge the terrorist listing in court. This renders it incredibly difficult, if not impossible, to be removed from the list, once again violating the right to a fair trial.

The terrorist entities list is a political instrument, often used in discretionary ways to further the geopolitical interests of Canada and its allies.

Historically, the listing serves to deflect from state-enacted violence by governments on their own populations, and on people in other countries, through military action and repression by national security forces and police, as has been the recurring experience during the long “War on Terror.” The list reinforces a double standard of allowing violence and the repression of civil liberties, in the name of fighting terrorism, on the part of Canada and its allies, while criminalizing reaction to that violence, or even peaceful criticism of that violence.

If the Canadian government believes organizations and individuals pose a threat to the public, that evidence should be presented in open court, where the accused can appropriately defend themselves against the accusations.

ICLMG reiterates its call for the abolition of Canada’s terrorist entities list regime. The use of secretive listing processes needs to end.

The ICLMG is a national coalition of 44 Canadian NGOs, unions, professional associations, faith groups, environmental organizations, human rights and civil liberties advocates, as well as groups representing immigrant and refugee communities in Canada. Our mandate is to defend civil liberties and human rights in the context of the so-called “War on Terror.”