Late Wednesday evening Federal Court Justice Simon Noël dismissed Fahim Kayani’s application for a stay of his deportation. Kayani argued that expulsion to his native Pakistan, a military dictatorship, would be tantamount to handing him over to bullies and thugs both within and outside the Pakistani government — in short that Kayani would suffer “irreparable harm” after being deported.

Kayani was one of 24 South Asian men detained under the RCMP’s Project Thread “ a terrorism investigation that was so severely deficient in evidence that even the day the majority of the arrests were being carried out, RCMP Commissioner Giuliano Zaccardelli was telling reporters “that to our knowledge there are no terrorist cells in Ontario.”

After two weeks, the allegations of terrorism were dropped and the men were deported for minor visa violations: Kayani’s mistake was that he “submitted fake documents to extend his student visa.”

During this Monday’s hearing Kayani’s counsel, Amina Sherazee, presented a docket: 400 pages of evidence documenting the threat the Pakistani government posed to her client should he be deported to Pakistan.

In November of last year The Star in Toronto reported that upon deportation to Pakistan Khalid Jahinger, one of the other “targets” of Project Thread was attacked by vigilantes “wielding sticks and cricket bats“ and beat him and then delivered “the most devastating blowâe¦’We know you’re a terrorist and if you go to the police, we’ll kill you,’” his attackers warned him according to The Star.

Jahinger also spent hours in the custody of the Pakistani state under intense interrogation while during the whole episode “a letter from the Canadian consulateâe¦ [was] sitting on the table.”

The Star concluded that “in Pakistan, they live under the shadow of suspicion — marked men who are unable to shake the terrorist label.”

Despite these facts, Justice Noël based his decision on a one-page report from the Canadian High Commission in Islamabad that dismissed the suggestion that the victims of Project Thread would face “irreparable harm as a result of his removal from Canada.”

Wednesday’s decision is hardly surprising. Noël was appointed to the federal court by the Liberal government in 2002 and the legislation Kayani was initially detained under was part of the post-9/11 draconian legislation passed by the Liberal government.

In addition, last December Noël ruled that an individual suspected of terrorism could not have access to “secret evidence” implicating him as a member of a “sleeper cell” of al-Qaeda. In the same case Noël argued that the Constitution and international law do not apply to persons suspected of terrorism.

Take action:

  • Take to the streets. March 20 is an international day of action to stop the war at home and abroad, and Kayani’s case should be a central component of the rally.
  • Demand that Kayani’s deportation order be stayed until he can receive a fair trial. Contact the Immigration Minister, Judy Sgro at [email protected]. and Anne McLellan, Minister of Public Safety and Emergency Preparedness at [email protected].
  • Visit Project Threadbare,the organization that is spearheading the fight against Kayani’s deportation.