Civil Liberties and Canadian Arab Groups Oppose Deportation Order

By Faisal Kutty

"Deportation by clairvoyance." That's what Alan Borovy, General Counsel of the Canadian Civil Liberties Union, calls it. But Canadian Immigration and the Canadian Security Intelligence Service (CSIS) feel that Issam Yamani's association with the Popular Front for the Liberation of Palestine (PFLP) makes him a "potential threat to Canadian security" and wants him, his wife and two children, who are Canadian citizens, deported.

Yamani immigrated into Canada on April 27, 1985 as a permanent resident after passing the routine security clearance. He applied for citizenship on May 3, 1988 but did not hear anything for more than a year. As a result of his application, another security check was conducted. He contacted the Citizenship Board and was informed that his application had been denied and that he was being investigated by CSIS.

Yamani, born in a refugee camp in Lebanon to Palestinian parents on Jan. 23, 1956, has openly supported Palestinian nationalism, but has never engaged in acts of terrorism or broken the law in any way. In fact, even CSIS has acknowledged that "Mr. Yamani has not committed any illegal or subversive acts in Canada."

The 300,000-strong Canadian-Arab community has taken up his cause. The Canadian Arab Federation (CAF) has met with Solicitor General Herb Gray as well as Sergio Marchi, the minister of immigration, and is presently seeking a meeting with the prime minister. In addition, CAF has also approached other organizations to lobby on behalf of Yamani. "We have developed an extensive network of support from a wide range of communities, centers and organizations," says Jehad Al-Iweiwi, the anti-racism officer of CAF.

Anglican Archbishop Michael Peers has appealed to Prime Minister Jean Chretien to halt the deportation proceedings. He wrote, "I hope that the government will be able to respond in a way that more accurately represents both the principles of due process and of natural justice." Numerous other groups including the Canadian Ethnocultural Council, the Canadian Autoworkers, churches, human rights organizations as well as Muslim groups have expressed their outrage and support.

The case has implications beyond Yamani, as many observers point out. The real issues are whether landed immigrants have the same rights—freedom of conscience and association—as other Canadians, and the unrestrained nature of CSIS's powers. Indeed, his lawyer, Barbara Jackman, will be arguing that the particular section of the Immigration Act used to order the deportation is unconstitutional. If a Canadian citizen had engaged in the same activities that Yamani carried out, the government could not have taken any action.

In an interview with the Washington Report, James Kafieh, the former president of CAF, stated that CSIS is acting as a watchdog to determine what sorts of political opinions and viewpoints should be acceptable in Canada. Kafieh says the fundamental principles of a democratic society are being directly undermined by the security institution that was set up to protect such rights. "This is Orwellian in nature and reeks of McCarthyism," he said.

This view is echoed by a number of Canadians, who argue that CSIS is carrying out a political agenda by targeting only those who are aligned with non-Fatah groups of the PLO—those who oppose the accord signed by the PLO. More than 20 PFLP supporters have come forward alleging that they have been interrogated by CSIS. Some leaders of the 150,000-strong Palestinian-Canadian community maintain CSIS is muffling important local discussion and debate on the PLO-Israel accord and dividing the community by using informants and payoffs. "People who oppose the current PLO-Israel accord should be treated fairly, and should be sent a message they can do so in Canada peacefully," says CAF Vice President Nassib Husseini.

Dr. Reg Whittaker, a York University political science professor and an expert on CSIS, suggests that the targeting of non-Fatah groups in Canada is simply a favor initiated by former Prime Minister Brian Mulroney toward the Israelis, "because Israel views the PFLP and the DFLP as hard-liners when it comes to the kind of accommodation that Arafat went for." Whittaker told the Toronto weekly Now: "There are reasonable grounds to suspect that both groups are on some sort of blacklist involving Western countries."

Spokespersons for CSIS and Canadian Immigration said they could not comment on the case because it is pending before the courts.

Jackman, Yamani's lawyer, believes that CSIS concluded he may be a security threat primarily because he received funds from the Palestine National Fund in 1990 or 1991. "They believe the money was sent for military use," says Yamani, a political science student at York University. Yamani told the Washington Report that he has not raised any funds for the PFLP and that the money from the PNF and from concerned individuals was sent to the occupied territories to be used by humanitarian and charitable organizations, including the Palestinian Women's Committee, the Union of Agriculture and Work Committees, a family sponsorship program, the Middle East Children's Alliance and the Union of Popular Committees for Health.

"During the intifada there was no way to raise any funds for a particular faction, only for specific projects in the territories," Yamani explained. He said he introduced many of these Palestinian humanitarian groups to the Canadian International Development Agency (CIDA) and the Department of External Affairs and they received funds from the federal and provincial governments. As a matter of fact, Ontario Premier Bob Rae promised $20,000 to one of these groups in January 1994.

Aside from the transfer of funds into Yamani's account, arranged by Yasser Arafat, other factors which appear to have influenced officials were Yamani's involvement with a number of Arab-Canadian organizations during the intifada and the fact that his father, Ahmad Yamani, known as Abu Mahr, was one of the founders of both the PFLP and the PLO.

The senior Yamani served as a member of the PLO Executive Committee for more than 10 years. He now is retired and lives in Damascus. Issam Yamani also was active with a group called the Committee for a Democratic Palestine, which CSIS alleges is a North American wing of the Damascus-based PFLP.

When Yamani was further interviewed in April of 1991 by CSIS, it became clear that CSIS was using electronic surveillance to tap his phone, monitoring his movements, tampering with his mail and exchanging information about him with intelligence services from other countries.

Following the investigations a report was issued by Bernard Valcourt, the minister of employment and immigration, and Solicitor General Doug Lewis (both from the previous government), to the Security Intelligence Review Committee (SIRC), indicating that Yamani "has engaged in or is instigating by force the subversion of the State of Israel and will continue to do so while in Canada." They concluded that in their view Yamani posed "a threat to the security of Canada."

"Mr. Yamani has been doing nonviolent work for the PFLP organization in Canada on a daily basis since at least 1988," states the report. "Nothing precludes the PFLP from having him perform other functions in Canada."

Jackman has filed papers in the Federal Court of Canada to review this latter report, but Yamani could be deported even while the appeal is pending. The situation is exacerbated by the fact that because he has been labeled a security threat, Lebanon, the country of his birth, will not accept him.

CAF, established in October 1967, is investigating the possibility of seeking intervenor status in the court case, and funds have started coming in to its Legal Defense Fund.

In essence, the tenuous argument put forth by CSIS is that "the PFLP might revert to its international terrorist tactics, might take action in Canada, and as a result Mr. Yamani might be called on to engage in unlawful activities," says Jackman.

It appears that CSIS has become a political institution in its own right and it is trying to justify its existence in the wake of the Cold War. "It will keep looking until it knocks on every last door and taps every last phone in Canada," argues Kafieh. "Unless it is brought under control and is made to respect Canadian laws, then it will be a growing menace to the rights and freedoms of Canadians."

Ottawa Muslims Contemplate Discrimination Lawsuit

The Ottawa Board of Education (OBE) Trustees voted to delay the beginning of school by two days to Sept. 8 to accommodate the Jewish New Year, but ignored a proposal by the city's Muslims for recognition of their holy days. The community is in the process of initiating legal action on a charge of discrimination.

"For the board to say no means we've been marginalized. Muslims feel discriminated against," Quasom Mahmud told the Washington Report. Mahmud and Sattar Bhatti, then president of the Ottawa Muslim Association, argued on behalf of the city's Muslims, estimated to be between 20,000 and 30,000, at an April OBE Board of Trustees meeting that in fairness their two most holy days—Eid al-Adha and Eid al-Fib—and those of other religious groups also should be recognized. In essence, the Muslim position is that equality dictates that other non-Christian holidays also be recognized. According to Mahmud more than 2,300 Muslim students attend OBE schools as opposed to about 2,000 Jewish students claimed by the OBE.

"The Ottawa Board ignored us completely," Mahmud told the Washington Report. Brian Mogarry, chair of the Board of Trustees, sees the issue differently. "We don't automatically put a motion on the floor unless at least one out of the 18 trustees feels that the idea should be voted upon."

Mahmud, who has attended meetings regularly for the past three years as the vice chairman and chairman of the OBE's Multiculturalism Advisory Committee, said that once the OBE has rescheduled the educational calendar, there is no reason why it cannot be done for another group.

Mogarry told the Washington Report that the Jewish request was unique for three reasons: the time off was requested at the start of the school year; the holiday would only fall at the beginning of the school year "once every 30 or 40 years"; and a significant group of students would miss their orientation. He added that if the Muslims or any other significant group were to ask for a shifting of the beginning of school due to some religious observances, then "we will shift, because of the significance of the opening of the school year."

Meanwhile, the nearby Carleton Board of Education (CBE) voted 10-5 not to delay the school year as proposed by the Jewish Community Council on behalf of the city's estimated 12,000 Jews. "If we change the calendar on religious grounds, I do not see how we can refuse any other requests," said CBE trustee Vivian Mahoney.

Most Canadians are of the view that no exceptions should have been made. Mustafa Kamal, head of the Muslim Youth of Ottawa, believes "this is a real test for the education system." He contends it was easy for the board to put the policy of multiculturalism down on paper but now it's time for implementation.

In metropolitan Toronto, home to 200,000 Muslims, six public school boards have agreed to delay the opening of school until after the Jewish holiday. The lone exception was the Scarborough Board of Education. No challenges were made in Toronto. In fact, the Muslim community in Scarborough had advised the board not to make an exception for any group unless they wanted to see the floodgates opened.

The Muslims are taking a stand on this matter to ensure that Muslim children and those of other minorities can see themselves as equal partners in Canadian society, says Bhatti, the Ottawa Muslim Association president.

Twentieth Annual ISNA-Canada Convention

Imam Warith Deen Muhammad told the 20th annual Islamic Society of North America (ISNA-Canada Zone) conference at the University of Toronto that indigenous and immigrant Muslims must unite and set an example for the larger North American society. The head of the Chicago-based community of African-American Muslims, who is the son of the late Elijah Muhammad of the Nation of Islam, was a keynote speaker at the conference that took place in Toronto from May 28 to 29.

Imam Muhammad urged Muslims to work together. "We should be the model community for Christians, Jews, Buddhists, Hindus, as well as atheists," he told the diverse audience. "We should be a community that stands for all people."

More than 2,000 people from across Canada and some border states participated in the weekend gathering. The conference featured a number of respected Islamic activists and scholars, including ISNA President Abdallah Idris Ali, Dr. Syed Imtiaz Ahmed, Shaikh Muzammil Siddiqui, Shaikh Ibrahim Hussain Malabari, Dr. Arafat El-Ashi, Khatija Haffajee, Hamza Yusuf and Dawood Zwink. Most of the topics revolved around the theme "The Muslim Family: Enhancing the Islamic Identity."

There also was an informative session on "Islamic Action in North America." Dr. Syed Imtiaz Ahmed, a former president of ISNA, and Dawood Zwink of the American Muslim Council spoke on the importance of an umbrella organization and the need for open discussion and grassroots involvement. A parallel youth program was conducted by the Muslim Youth of North America (MYNA).