the people vs george galloway: documents finally on wmtc

Earlier this year - and more than once - I promised to upload the documents submitted by the applicants (our side) in the suit against the federal government for refusing to allow George Galloway into Canada. Finally, for those interested, here they are:

• the brief itself, and

• the timeline of the email chain between CIC and CBSA, which the government sent to the applicants by mistake!, but which the court ruled could not be suppressed.

They open as read-only Word documents. Sorry for the delay, and enjoy.

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george galloway: "à bientôt, canada. we will hold your crooked government to account."

George Galloway, on the close of his 12-city, ban-busting tour of Canada. He'll be back!

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galloway vs. kenney and harper, part three: "what's wrong with this parliament?"

Canadian Press:

Political firebrand George Galloway took his message straight into the heart of Alberta's conservative country Tuesday evening and into the city represented in part by the man who earlier blocked his entry into Canada.

The former British MP -- once a member of the Labour Party and more recently a founder of the left-wing Respect Party -- spoke to more than 750 people who braved the -28 C temperature to take in his speech at the University of Calgary.

His current speaking tour of Canada replaces the one he had planned for last year when he was denied entry into the country over his alleged financial support of the Palestinian group Hamas. Ottawa considers Hamas a terrorist organization.

Immigration officials later let Galloway into the country following a Federal Court ruling that was critical of the government, saying its decision to keep him out was in part politically motivated.

"I'm astounded at this turnout on this bitter winter's evening. I thought I wasn't welcome in Calgary. Practically the only seat vacant in this hall is the one that we kept for the local member of Parliament," he said to loud applause.

Two seats were noticeably empty. They had been set aside for federal Immigration Minister Jason Kenney, the MP for Calgary Southeast, and a guest.

"I visited his constituency office today. He hadn't even cleared the snow and ice from the front of it. I don't know how he gets such a big vote," Galloway joked.

"I went there looking for him. I'm looking for him everywhere. He doesn't answer my calls, he doesn't reply to my letters and today he wasn't there.

"When he banned me 18 months ago, Mr. Kenney's office said `he's not getting in and that is that.' I said it ain't over until the fat lady sings and the fat lady in question is the grand old lady of Canadian justice."

Earlier this year in Toronto, Galloway donned a pair of red mittens as if they were boxing gloves, challenged Kenney to a public debate and promised to sue the minister for slander.

On Tuesday, Galloway didn't limit his barbs to Kenney. He also took shots at Prime Minister Stephen Harper and the opposition leaders over word that Canada was extending its mission to Afghanistan by another three years.

"I see that your government has broken yet another promise," Galloway said. "They've promised they would withdraw your young soldiers from this doomed and disastrous war in Afghanistan.

"What's wrong with this Parliament? You're paying an opposition to be the opposition but actually on such a momentus decision such as this continuing, your opposition doesn't even want a debate, never mind a vote."

Galloway said Canadian taxpayers will lose more of their "tax dollars and the lifesblood of your young men" by continuing to participate in a war that has "gone so disastrously wrong."

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galloway vs. kenney, part two: a visit

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galloway vs. kenney, part one: george galloway arrives in calgary

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george galloway speaks out against canada's new mccarthyism

George Galloway, currently on a cross-country speaking tour in Canada, has pledged the proceeds of his lawsuit against the Canadian government to the Canadian peace movement. He's been announcing this in local and national Canadian media all over the country, and the news has been rocketing through the anti-war movement. Galloway's generosity and strength of commitment is so energizing for all of us who work for peace.

On the tour, Galloway has also been addressing the recent conference of the misnamed "Canadian Parliamentary Coalition to Combat Antisemitism," more properly called The Return of McCarthyism. In an excellent post, Paul S. Graham quoted Galloway:

Well, it’s all very mysterious. That’s the first point. The Canadian taxpayer paid a pretty penny for this conference, even though they were entirely locked out of it. No media were permitted in it. We have no proper record of who was there. The attendance list even has not been published despite the taxpayer funding the whole thing. And it’s all very mysterious – what it’s all about. And when we’ll see its impact on Canadian public life. But it would be a fair inference that its impact will be malign and that the current assault on free expression on this issue in Canada is going to be intensified as a result of these protocols.

I don’t think that this kind of secret conclave, coming up with – until now — secret protocols – is going to combat any antisemitism in Canada. As a matter of fact, it’s quite likely to generate greater feelings of enmity, which of course, I would deplore.

Antisemitism exists. It is a racist phenomenon that has long existed in Christian countries for many, many centuries. Like all forms of racism it must be combated, and combated in the correct way which successfully, hopefully, one day, extinguishes it.

But the answer to antisemitism is not to stop beating up the Jews and start beating up the Muslims. Instead, the answer is to conduct oneself in an unrelenting campaign against all forms of racism, bigotry and hatred – and that’s what I have done all of my life.

Insofar as I’ve seen anything from this secret conclave, it attempts something unique in the world – to make Israel the collective Jew. And this, itself, is a racist and therefore antisemitic idea. Israel is not the collective Jew. There is no collective Jew.

There are huge numbers of Jews who don’t want anything to do with Israel either from religious or secular, progressive standpoints. The population of Israel is not Jewish. There are at least 25 per cent of the population which is not Jewish and no one has the right to collectivize them as Jewish – to do what Lieberman is demanding they do themselves – to sign an oath effectively liquidating their place in the state as first class citizens.

And of course there are well over two and a half million – in fact, getting on for three million Christians and Muslims living under illegal occupation within the de facto borders of Israel today. And they too cannot be collectivized as Jews by the whim of a secret conclave in Ottawa. So I think it’s all rather disturbing.

But it raises what we used to call the $64,000 question, which is: Why is Canada doing this? Why has Canada become this monomaniacal supporter of the most extreme forms of support for Israel? Why has Canada allowed itself to become effectively an embassy for Netanyahu in the world?

It’s certainly not in Canada’s interest. I don’t believe it’s in the interests of the Jews of the world. And I don’t even believe it’s in the interests of the State of Israel. And it goes without saying it’s certainly not in the interests of the region as a whole and peace in the world.

Independent Jewish Voices (Canada) also has an excellent response to this dangerous trend.

Newcomers to wmtc may want to read this older post: "a simple lesson: how to tell the difference between hatred of a people and criticism of a nation's policies".

Today, George Galloway's second Toronto appearance is sold out, but you can catch him tomorrow in Hamilton, then in Vancouver, Calgary, Yellowknife, Edmonton, Winnipeg and Ottawa. Calgary is going to be fun. Tour dates and ticket info here.

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george galloway "free palestine - free afghanistan - free speech" canadian tour starts today

George Galloway's "Free Palestine Free Afghanistan Free Speech" cross-Canadian tour kicks off today in Toronto.

Galloway will be appearing in Toronto, Montreal, Halifax, then back to Toronto for a second date, then Hamilton, Vancouver, Calgary (that ought to be fun), Yellowknife, Edmonton, Winnipeg and Ottawa.

If you haven't heard Galloway speak, it's a real treat. The full schedule is here.

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lawrence martin: "countless examples of the intolerant streak that marks this government"

In case you missed it, here's an excellent column by Lawrence Martin in the Globe and Mail from earlier this week. I'm pleased to note it bears a strong resemblance to something I recently wrote. I'm even more pleased to see Martin's prominent reference to US war resisters seeking refuge in Canada.

Canadians have gained a reputation as a fair-minded people. There have been exceptions through our history, but, by and large, we have been seen as a moderate and tolerant country.

We didn’t do guilt by association, for example. But that’s what so distressing about the character of today’s Conservatives. They revel in it. The most recent manifestation is the cancellation of a speech by the head of the Canadian Islamic Congress at the National Defence Headquarters. Many years ago, a former director of the group made some remarks – vile remarks – about Israelis over the age of 18 being legitimate targets for suicide bombers.

By all accounts, new director Imam Zijad Delic repudiates that extremism. By all accounts, he is trying to bridge the divide. But the Conservatives tar him with the same brush and won’t allow him to give a speech at the National Defence Headquarters. Imagine the harm it would have done!

There are countless examples of the intolerant streak that marks this government. Canada opposed the Iraq war, yet we won’t allow a haven to Americans who opposed fighting in that war, as we did with Vietnam. We’re probably the only G20 country that tried to bar George Galloway, at the time a British MP, from coming to speak. Minister of State Diane Ablonczy was stripped of some of her responsibilities for her support of Gay Pride week. Those criticizing aspects of our Afghanistan policy are berated for not supporting our troops. If a bank executive like Ed Clark criticizes government economic policy, he’s pilloried for supposedly being motivated by politics rather than economic expertise.

The tolerant Canada of old would have allowed Omar Khadr his basic Charter rights. The tolerant Canada of the past would have allowed our federal scientists to express their views, not have them vetted by political operatives. It would allow sophisticated research at the Justice Department to see the light of day even if it contradicted government sentencing policy, and it would give full wing to data collection by Statistics Canada. . . . [Read more here.]

I'm sure most Canadian wmtc readers are planning to read Martin's new book, Harperland, if you haven't read it already. It's the first book on my winter-break non-school reading list.

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galloway in toronto: decision was "the soundest judicial caning of a government minister" we've ever seen

I wish I could tell you everything George Galloway said in Toronto yesterday, because I'm sure it was an inspiring, energizing, truth-telling and sobering talk. I wasn't able to stay for most of it, because Sunday is a work day for me. But by rearranging all my break time for the weekend, I was able to run up to Trinity St. Paul's United Church, spend an hour with my resister-campaign family, be part of the triumphant scene to cheer Galloway on, hear some important words, and run back to work.

You'll be able to see Galloway's talk on Rabble TV, but I'll share a few cool things I did catch.

The church was packed to the rafters. War resisters and Galloway's legal team held places of honour on the stage. An organizer began a chant of "Kenney out! Galloway in!" but when Galloway - and his volunteer bodyguards - entered, we all jumped up and broke into wild cheers and applause.

James Clark, a lead organizer with Toronto Coalition to Stop the War and Defend Free Speech, and one of the applicants in the lawsuit, chaired the event. James was interrupted over and over by jubilant applause and cheering, as he outlined how the Harper Government and Jason Kenney tried to stop George Galloway's appearance in Canada - but how they couldn't stop us, how thousands of us watched Galloway address us by video - how Kenney attacked Galloway, smeared him, slandered him - then gloated and bragged about keeping Galloway out of Canada.

But, James said, our side won "a massive victory in the Federal Court of Canada," and now we must use that victory as a new beginning, to turn the tide against the Tories, to push back against their attacks on free speech, democracy and all our struggles: "Today is a victory, but it is only a first step. Jason Kenney must pay for lying to the public" and for making Canada look like a banana republic!

Next the two lawyers who defended the Galloway case in Federal Court spoke. They made it very clear just how big a victory this was for our side. Jason Kenney lost throughout: George Galloway was cleared of any wrongdoing, the court found that Kenney acted in bad faith, that the government declared Galloway inadmissible to Canada because they disagree with his political views, and that humanitarian aid is not equivalent to terrorism.

Immigration and refugee lawyer Barbara Jackman spoke briefly and eloquently on a few points that I want to share.

One, the Federal Court is the most conservative judicial body in Canada. For that court to rule against the government shows just how far this government went.

Two, we were able to win this case in large part because of the overwhelming display of community support. "Decisions are not made in a vacuum," Jackman said. The government's banning of Galloway sparked outrage and condemnation - and that made a huge difference.

Three - and most importantly - Jackman reminded us of the larger context behind this case. The "membership clause" - section 34 of IRPA, the anti-terrorism clause - is used to criminalize dissent. Anyone who is a member of a terrorist organization is inadmissible to Canada, but the government defines "membership" with a broad, sweeping brush, and through its own ideological lens. Jackman said, "Huge numbers of refugees have been deported back to torture" because they support popular movements in their countries of origins, and these movements have been labelled terrorist organizations by Canada.

The membership clause was brought in under a previous Liberal government, and used in a sweeping and abusive way by this Conservative government. Jackman and others have been trying - so far unsuccessfully - to get the clause struck down. But when the government used this clause against George Galloway, they went too far. This decision was the first ever to narrow section 34.

Jackman reminded us that the people this clause usually affects are from immigrant communities that have been racialized and marginalized. They can't vote. They need good people of conscience who can vote to speak for them.

* * * *

Next, Jamine Aponte, the partner of war resister Phil McDowell, spoke briefly about the C-440 vote, appealing to the crowd to support war resisters, to contact Michael Ignatieff and other Liberal MPs, and to help her and all the war resisters stay in Canada. Galloway greeted and thanked some of the war resisters.

Then, after a few more brief remarks by organizers, Galloway addressed the cheering crowd. He thanked all the key people in this fight and all the good people of Canada. He thanked Justice Richard Mosley for issuing "the soundest judicial caning of a government minister" ever to be handed down from the bench.

And now, when we get to the really good stuff, I have to leave you in the good hands of Rabble TV.

* * * *

When I wrote about the Galloway court hearing (parts one, two and three), I mentioned that I have copies of the documents that were submitted by our side, including the appendix outlining the e-mail exchange begun by CIC flak Alykhan Velshi - evidence that the government first concealed, then accidentally released to our side, then tried to have excluded from the proceedings. At that time, I said I would upload those documents for anyone who wanted to read them, then I never followed up. Should I post them? Anyone interested?

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canada for the people, not the conservative party

This was originally supposed to appear at The Mark, as part of a series called "Who Owns Canada?" I ran into a few editorial snags, so I'm posting it here instead.

The Mark asked for short pieces answering the question, "Who Owns Canada? Which person, organization, or idea wields more influence than any other?"

Here's my answer.

* * * *

When The Mark asked "Who owns Canada?" I immediately considered the question in reverse: "Who doesn't own Canada?" The answer: Canadians.

A democracy should reflect the will of the people, but current Canadian policy reflects only the will of the Conservative government and its supporters. A majority of Canadians did not vote for Stephen Harper's Conservatives. Yet we are held hostage to his anti-democratic agenda because he has so successfully exploited an antiquated, first-past-the-post electoral system and a pitifully weak opposition.

The majority of Canadians do not support the war in Afghanistan, but the Harper government extended Canada's military involvement past its original deadline and hints at continuing it even after next year's planned withdrawal date.

The majority of Canadians want to protect our magnificent environment, but the Harper government continues to stand with climate-change deniers and industrial polluters. This is, after all, a government that tried to let polluters reclassify tar-sands tailing ponds as "lakes". (What is it about the Conservatives and fake lakes?)

Canadians want fairness in all things, including the treatment of immigrants, war resisters and refugee claimants. The Harper government continues to defy two motions passed in Parliament by harassing and deporting US war resisters. It has interfered in the process of the supposedly independent Immigration and Refugee Board and demanded that immigration officials conform to government ideology.

Fairness is, at bottom, the reason Canadians want to retain the long-form census – so this country’s policies reflect reality, not ideology. Fairness is why Canadians want a fully funded court-challenges program, so that all Canadians can defend their Charter rights. Fairness is why Canadians want the government to repatriate and defend all Canadians – including those accused of terrorism and those on death row in every country. And while it's not a life-or-death issue, the government denying a Member of the British Parliament entry into Canada because of his political opinions is not only unfair – it's downright embarrassing.

Canadians care about their country's standing abroad. By aligning Canada with US military policies, and by putting corporate oil interests ahead of action on climate change, the Harper government has sullied Canada's international reputation and tainted the country's moral authority. And it could be much worse: if Stephen Harper had been Prime Minister in 2003, Canadian soldiers would have been dying in Iraq for the last seven years.

Canadians want to live in a democracy – a real democracy. They don't want the Prime Minister to shut down Parliament to avoid losing power, to fire civil servants whose politics he doesn't like, to instruct MPs on how to disrupt Parliament, and to refuse to open the military record to the highest elected body in the land. They don't want dissent criminalized by pre-emptive arrests, jailing of peaceful protesters and tactics more suited to a police state than "the True North strong and free".

Stephen Harper’s Conservatives have hijacked this country and we want it back.

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george galloway in toronto today and tomorrow!

Today, join a welcome rally for international peace activist George Galloway at Toronto's Pearson Airport.

Tomorrow, hear Galloway speak at Trinity St. Paul's church. Galloway's talk will be "From Gaza to Afghanistan - Resisting war, occupation and censorship". He'll also meet and honour US Iraq War resisters on stage.

Saturday, October 2, 5:00 p.m.

Terminal One International Arrivals Gate
Lester B. Pearson International Airport

Rally 5:00
Media conference 5:15

Sunday, October 3, 3:00 p.m.

Trinity St. Paul's United Church
427 Bloor Street (just west of Spadina)

Doors open 2:30 p.m.
Event begins 3:00 p.m.

Admission $10, cash only, at door only

Seating will be very limited!

Event on Facebook

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george galloway to speak in toronto this weekend

The Globe and Mail headline put it best: "‘I'm coming to get you,’ George Galloway tells Jason Kenney".

Galloway arrives in Toronto Saturday, and will speak at Trinity St Paul's United Church the following day, Sunday, October 3, at 3:00 p.m.

It will be quite a triumphant scene! We sure could use that right now.

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(updated) victory for free speech and sanity: federal court slams government interference in galloway ban

See update below.

The media is trying to sell this as a defeat for Galloway and his supporters. It is anything but.

Subject: Federal Court slams government interference in Galloway ban
FOR IMMEDIATE RELEASE – Monday, September 27, 2010

Federal Court slams government interference in Galloway ban
Former British MP to announce plans to return to Canada

Toronto – Federal Court Judge Richard Mosley issued a 60-page ruling today that slams the federal government for attempting to ban former British MP George Galloway from entering Canada. The ruling vindicates Galloway and his Canadian supporters who argued that Minister of Citizenship and Immigration Jason Kenney made a political decision to try to keep Galloway out of Canada, not one based on national security claims.

According to Justice Mosley, “the main reason why the respondents [the Federal government] sought to prevent Mr. Galloway from entering Canada was that they disagreed with his political views.”

The ruling also refutes government claims that Galloway’s humanitarian aid convoy to Gaza made him a national security risk: “From the evidence on the record, the question of Galloway’s admissibility was never an issue of national security… CSIS was consulted prior to the writing of the CBSA assessment and had no national security concerns about his visit.”

The ruling exposes how staff in Jason Kenney’s office attempted to ban Galloway from Canada, although no final decision had been made: “It is also clear that the preliminary assessment was prepared with the intention that it be used to justify a CBSA officer’s determination that Mr. Galloway was inadmissible should he appear at the border.”

Galloway’s Canadian supporters are claiming victory.

“This ruling confirms what we have been saying from the beginning: Jason Kenney attempted to ban Galloway because he disagreed with his views,” says James Clark, a member of the Toronto Coalition to Stop the War and an applicant in the case. “This kind of behaviour is completely unacceptable in a democratic society, and represents a serious attack on Canadians’ free speech rights. We are pleased that the Court agrees with us.”

Galloway and his supporters will announce in the coming days the details of an upcoming speaking tour that will bring Galloway back to Canada.

* * * *

Update.

I was involved in a discussion on Facebook about whether or not this ruling can be considered a full or partial victory for our side. James Clark said:

The fact the judge dismissed the application actually works in our favour, because he also argued that any negative decision at the border to bar Galloway (then or in the future) could only be seen as biased and the result of obvious and documented political interference - what we've been saying all along. This means the path is clear for Galloway to come to Canada. Stay tuned for dates...

The bulk on the 60-page ruling, by the way, is a sharp criticism of the government's role in trying to ban Galloway. The judge agreed with us that the ONLY motivation to keep Galloway out was a political one: the government tried to ban someone it disagreed with. Welcome to free speech, Harper-style.

The decision also vindicates Galloway by stating in no uncertain terms that the government went too far in trying to label Galloway a terror support. The court said definitively: humanitarian aid is NOT support for terror. Galloway's aid to Gaza is just, fair and legal.

This case will have lots of legal repercussions on many fronts, all good for the movement.

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