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Galloway fights exclusion from Canada: Official documents attached

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Joey Ramone
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Joined: Apr 3 2008

Catchfire wrote:
I don't think jeff house wants to come back, and I doubt that babble will invite him. I miss his input in certain discussions as well but I think that ship has sailed.

Jeff is an immigration lawyer with a stellar reputation as both a lawyer and activist, and he's a consistent supporter of free speech and civil liberties.  If he's been asked I'm sure Jeff will be providing kick-ass legal work for Galloway and those working to overturn his banning. 


quantum
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Joined: Mar 24 2009
The government though is being careful not to characterize this issue as free speech matter,and they are technically right. The avenue they are using are his "terrorist connections" His lawyers will challenge the assertion that his activities qualify him as aiding a terrorist organization.

Joey Ramone
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Joined: Apr 3 2008
Of course they claim it's not a free speech issue, but the argument is lame when all he's done is provide humanitarian aid, particularly as they allow supporters of the violent, racist JDL to operate openly in Canada. 

Cueball
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Joined: Dec 23 2003
Ghislaine wrote:

Slumberjack wrote:
On the issue of defining what constitutes free speech in the public domain, and in determining who may partake in it, my position is that hatemongers should not be included.

 Well don't you see the problem with that? The government is left to determine who is a hate-mongerer. The British government defined Wilders as such. The Canadian human rights commissions were entertaining the idea that Steyn and Levant are. You must likely agree with both of those designations.

But now we have our current Canadian government defining Galloway as someone too hateful and dangerous for Canadians too hear. (I know that the specific "legal" basis for his refusal of entry is the anti-terrorism leg., but the naming of Hamas as a terrorist org was the original basis).

Do you feel comfortable allowing the government to decide who is a hatemongerer? Don't you feel that Canadian citizens should decide this for themselves?

And yes we need the criminal code privisions against incitement to violence and the strict definitions it has about what constitutes hate speech.

As Catchfire points out, this line of freedom of speech and what constitutes hatemongering are completely off topic, and essentially a red herring. Galloway has not been banned from Canada for hate speech, or any such thing. Hate crimes legislation or any such thing.

What has happened is that minister has used his discretionary adminstrative powers to block a person from coming into Canada using a very tendentious interpretation of the statuates regarding support for terrorist organizations.

I am sure Mr. Galloway would love to have an opportunity argue wether or not what he says is hate speech in an official judicial hearing. Mind you if what Mr. Galloway says does indeed constitute hate speech, then this board would be shut down, as well as many others like it, and I and many millions of Canadians would be facing prosecution for hate crimes.


Cueball
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Joined: Dec 23 2003
Joey Ramone wrote:

Catchfire wrote:
I don't think jeff house wants to come back, and I doubt that babble will invite him. I miss his input in certain discussions as well but I think that ship has sailed.

Jeff is an immigration lawyer with a stellar reputation as both a lawyer and activist, and he's a consistent supporter of free speech and civil liberties.  If he's been asked I'm sure Jeff will be providing kick-ass legal work for Galloway and those working to overturn his banning. 

He has a stellar reputation does he? What constitute the substance of this stellar reputation? What high profile civil rights immigrations cases has he won? I can see that he has been active in the issue of US war resisters here, but as far as I can tell his efforts have not ammounted to much, and as far as I can tell he is now "off" cases that he was once on.

I have seen nothing that indicates a reputation for excelence in his field. He might be competent.

Barabra Jackman is on the other hand and excelent lawyer with a great reputation, and numerous succefull cases under her belt.


RevolutionPlease
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Joined: Oct 15 2007

Quote:

Kenney has attacked Galloway for what he called his "odious" support of terrorism and has vowed not to bow to growing pressure to let him into Canada.

"It's not about his opinions, it's about his financial, material support for an illegal terrorist organization," Kenney said earlier this week.

But in the court document, the lawyers — Barbara Jackman and Hadayt Nazami -- dismiss those claims as "frivolous and defamatory.

"His commitment to peace is long-standing. He does not believe in war, violence or oppression in any form and does not advocate for such," the document said.

"The refusal to permit Mr. Galloway (to) enter Canada to speak is politically motivated and not a decision rooted in national security concerns," it states.

Jackman and Nazami are seeking an injunction to set aside the immigration department's decision and allow Galloway into Canada next week for his speeches.

 

http://www.thestar.com/news/canada/article/608935


Cueball
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Joined: Dec 23 2003
See, Jackman makes the good sound bites.

Michelle
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Joined: May 10 2001

Yeah, she's excellent.  I was involved in an immigration case that created a precedent in Federal Court and her firm was the one we used.  Another more junior lawyer did quite a bit of the work, but Jackman mentored her through it, and she also gave oral arguments in court.  She was excellent.  And we won!

Apparently she and Nazami are also representing the Canadian Arab Federation - they're suing Jason Kenney for cutting their funding for political reasons.


Cueball
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Joined: Dec 23 2003

The whole thing is ridiculous. I mean what was Galloway to do? Dump the aid on the beach and hand the cheque to the IDF and say: "Make sure this gets to the right people?"


Michelle
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Joined: May 10 2001

I know.  It's fucked up.  Either you give the aid to the structures in place (which is the government, which is Hamas right now) or you let the people starve.

Of course, we know which of those options is preferable to people who are pro-Apartheid.


Brendan Stone
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Joined: Jun 23 2004

We had a protest in Greensville at the office of Conservative M.P. David Sweet. You can see the photos here:

http://hcsw.multiply.com/photos/album/10/Galloway_Protest_for_free_speech_in_Canada

 

 We had about 26 people come out from 3 organizations, Hamilton Coalition to Stop the War, McMaster Muslims for Peace and Justice, and Independent Jewish Voices. Got some press before the event:

http://www.thespec.com/article/537168

as well as a letter to the editor.

As a hillarious aside, check out what the JDL is called in this article:

http://www.thespec.com:80/article/537720


Cueball
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Joined: Dec 23 2003
That is what they should be called, yes.

Benjamin
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Joined: Oct 8 2004
Joey Ramone wrote:

Jeff is an immigration lawyer with a stellar reputation as both a lawyer and activist, and he's a consistent supporter of free speech and civil liberties.  If he's been asked I'm sure Jeff will be providing kick-ass legal work for Galloway and those working to overturn his banning. 

Actually, I was under the impression that he was a criminal lawyer, except for the work that was done on the war resisters issue.  Cueball is correct that Jackman is widely considered to be at the pinnacle of immigration law.  While I don't necessarily fault House for the failure of the war resisters court challenges, it is hard to view unsuccessful hearings at both levels of the federal court, and a failed SCC leave application as ass kicking.  In fact, the Hinzman decision at the federal court of appeal has created a very bad precedent for refugees now trying to claim refugee status.  


Ze
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Joined: Nov 14 2008

You can hardly blame losing the Hinzman case on Hinzman's lawyer. The deck was always stacked against him. 

Sounds pretty distinguished to me. But that's all an aside.

Galloway is clearly a jerk in a lot of ways, but he's no more a criminal for taking aid to Gaza, than Audrey McLaughlin was for loading up a truck with supplies and driving it to Oka during the confrontation there.


Benjamin
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Joined: Oct 8 2004
Ze wrote:

You can hardly blame losing the Hinzman case on Hinzman's lawyer. The deck was always stacked against him. 

 The deck is always stacked against you in immigration law; this is something that experienced immigration lawyers know and have to cope with.  The way justice plays out in the Federal Court system is quite distinct from that of Superior Courts, and consequently those representing immigration clients must understand this difference.

I was not saying that the result in Hinzman was the fault of his lawyer, but I do think that the strategic approach of the litigation campaign had some serious flaws, and has created a precedent that will negatively affect refugees in a much broader scope than just the war resisters.  


aka Mycroft
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Joined: Aug 8 2004
Cueball, Jeffry isn't here to defend himself so I don't think it's fair to take potshots at him.

Michelle
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Joined: May 10 2001
I agree.  Cueball and Benjamin, please don't take advantage of the fact that Jeff can't post here anymore and therefore can't respond to your speculation about his work on those cases.

A_J
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Joined: Aug 12 2008

quantum wrote:
The government though is being careful not to characterize this issue as free speech matter,and they are technically right.

That's true, there's really no freedom of speach issue here, at least not legally.  Galloway is not a Canadian, nor is he not in Canada.  There is nothing in the Charter to protect what he might want to say.

There is of course a broader principle of free exchange of ideas that is at risk.

aka Mycroft wrote:
I'm not a lawyer but my feeling is that the government has quite a lot of discretion . . .

That is correct.  They are completely entitled to bar someone from the country if they are a security threat, and that someone has a right to challenge the evidence the decision might be based on.  But at the end of the day, even if a judge reviewed the evidence they have against Galloway and ordered its disclosure, the government could still refuse to do so on security grounds.

 

On a barely related note - did his lawyers really just cite Wikipedia in their letter?  Ewww.


contrarianna
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Joined: Aug 15 2006
A_J wrote:

That is correct.  They are completely entitled to bar someone from the country if they are a security threat, and that someone has a right to challenge the evidence the decision might be based on.  But at the end of the day, even if a judge reviewed the evidence they have against Galloway and ordered its disclosure, the government could still refuse to do so on security grounds.

Beyond the strictly Canadian Gov. claim of "security threat". If the designation of "security threat" came by way of the Ministry of Public Security of the State of Israel
(which is a very distinct possiblility given the nature of Galloway's "crimes"), by the very terms of the Canada-Israel public security Declaration such a dislosure could be be a violation of the signed agreement.  

Pertaining to that see:

Quote:

The Department of Public Safety and Emergency Preparedness of Canada and the Ministry of Public Security of the Government of the State of Israel, declare their intent:

1. To prioritize and manage cooperation in the following areas within the responsibility of the Ministries:

1. Border management and security, including biometric applications;
....
5. To ensure the appropriate protection of all information, knowledge, expertise, etc. that is exchanged between them against any unauthorized access, alteration, publication, or dissemination; and

6. To protect any information, knowledge, expertise, etc. that is exchanged between them against disclosure to any third party with the same degree of care as they each exercise with their own information, knowledge, expertise, etc. of a similar nature...

Full government document at the end of this article


http://www.globalresearch.ca/index.php?context=va&aid=12913

Cueball
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Joined: Dec 23 2003
All I can say, is that if Galloway is aiding and abetting "terrorist" organizations, then they should let him in and charge him with such.

contrarianna
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Joined: Aug 15 2006

Cueball wrote:
All I can say, is that if Galloway is aiding and abetting "terrorist" organizations, then they should let him in and charge him with such.

Unfortunately, in Harper's Canada, that would likely mean yet another secret trial.


G. Muffin
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Joined: Sep 28 2008

Way back, M. Spector said:  "Reminds me of a certain troll named "punch drunk" who was also a big Terry Glavin fan. He was  banned last New Year's Eve."

I'm bored tonight so I went to see what happened on New Year's.  I have no idea if these two posters are one and the same but Punch Drunk was certainly vile.  I really have to say, though, that encouraging someone to commit suicide, even in jest, is an awful thing to do.

Sorry about the thread drift. 


Fidel
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Joined: Apr 29 2004

British MP George Galloway barred from Canada under the Canada Israel "Public Security" Agreement

Quote:
British MP George Galloway was refused entry to Canada on the pretext that he supported Hamas, which is categorized by the Canadian government as a "terrorist organization." 

Contrary to what has been reported in the media, this was not a unilateral decision by the government of Canada

In all likelihood, the decision was taken in close consultation with Israel under the terms of a farreaching agreement on "public security" signed in Tel Aviv on March 23 2008. The "Declaration of Intent" establishes a framework of bilateral cooperation between Canada and Israel in the area of "Public Security". The agreement has not been the object of debate in the Canadian parliament, nor has it received media coverage.  

Under the proposed agreement, the Deputy Minister of Public Safety and Emergency Preparedness of Canada is in liason with his Israeli counterpart the Director General of Public Security for the Government of the State of Israel. Together they chair a joint Management Committee.

Are stooges are like dead fish. It makes it easier to go with the flow


Frustrated Mess
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Joined: Feb 23 2005

And now the Conservative attack on free speech, moves to the courts:

Gov’t will attempt to ban pro-Galloway submissions from court: supporters

 

Quote:
Supporters of British MP and outspoken antiwar crusader George Galloway say federal lawyers are now attempting to have their submissions in his case excluded from a federal court hearing in Toronto Sunday.


Loretta
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Joined: Apr 22 2001
I hope someone who has access to timely weekend reporting will post the decision here...please.

contrarianna
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Joined: Aug 15 2006

 Not the decision--but a good article here:

 Galloway Ban Mocks Canadian Justice
Written by William A. Cook   
Saturday, 28 March 2009 16:56


http://www.pacificfreepress.com/news/1/3941-galloway-ban-mocks-canadian-...


Benjamin
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Joined: Oct 8 2004

Decision to be released Monday according to CTV.

 

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090329/galloway_ba...


RevolutionPlease
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Joined: Oct 15 2007
Eliezer Zusken
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Joined: Mar 14 2009

I have read much about Mr. Galloway in the last while and certainly one cannot describe him as progressive. He has supported the banning of Gert Wilders and Jean Marie LePenmfrom the UK (two facists that are hatemongers nonetheless have not supported terrorist groups), he appeared on a bizarre UK reality tv show and acted like a complete lunatic, the list is endless.

 

All that said he most certainly should not have been banned but no one who calls himself progressive should have a thing to do with this clown!!


Cueball
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Joined: Dec 23 2003
Apparently the judge asked the lawyer for the government to produce evidence that Galloway was a terrorist. The lawyer said no.

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