CIMM Committee Report

Dissenting Report from Ed Komarnicki (Souris—Moose Mountain)

To say the security certificate process is based largely on unproven allegations without setting such a statement in the context of what actually happens in the process is in our view overstating the case.

It is important to take many of the statements made in the report in context, and to realize that they may not necessarily be statements of fact accepted or adopted by this committee.  These include statements prefaced by remarks such as: opponents argue; opponents also assert; interveners in the case argued; it was argued; the appellants asserted; the appellants claimed; that in its view; and the like.

Without indicating whether the alleged events occurred specifically in the Metro West Detention Centre or KIHC, Messrs. Almrei, Jaballah, and Mahjoub in a November 16, 2006 brief made reference to what we would view as unproven allegations as follows:  “We also have endured humiliation, taunting, beatings, and that’s because of the terrorism label.”  The committee did not have the benefit of testing, investigating, or anyone countering these allegations yet made mention of them in the report.  At the very least these statements need to be prefaced by saying they were either unsubstantiated or unproven allegations.

Although some of the reports recommendations receive varying levels of support, specifically the following recommendations are not agreed to:

• That the government institute a policy stating that charges under the Criminal Code are the preferred method of dealing with permanent residents or foreign nationals who are suspected of participating in, contributing to or facilitating terrorist activities;
• That the government introduce legislation to provide for a maximum length of detention for those whose security certificates have been upheld by the Federal Courts as reasonable, after which time they must either be charged and prosecuted under the Criminal Code or released from detention without conditions.

With respect to the Conditions of Detention

Page 37 of the report, in reference to the detainees, states:

“They seemed particularly concerned about their relationship with some of the guards at the KIHC, some of whom they alleged were subjecting them to threats of psychological harassment.  They said that their treatment at the hands of the guards became worse when they made attempts to use the grievance process.”

Again the committee did not have the benefit of testing or properly investigating these allegations.

After complaining of institutional culture at KIHC it is of interest that one of the recommendations of the majority report provides:

• That the government of Canada mandate the Office of the Correctional Investigator, which has jurisdiction over all federal inmates except for those held at the Kingston Immigration Holding Centre, to assume jurisdiction over the KIHC, and investigate current and ongoing complaints of those detained at the KIHC. 

Although some of the reports recommendations to do with conditions of detention receive varying levels of support, specifically the following recommendations are not wholly agreed to:

• That solitary confinement is never appropriate for immigration detainees and other arrangements be made should there be only one person detained at KIHC.

Depending upon the specific circumstances there may be instances and periods of time where solitary confinement may be appropriate or necessary. 

• That medical visits be limited to instances where the detainees request such visits, or in medical emergencies.

There may also be instances where medical visits may be required even if not requested by detainees.

• That until such a time as a correctional investigator is appointed and can investigate alleged mistreatment by guards, the detainees be escorted, on request, by a supervisor when travelling within the KIHC facility.

Matters of detainee escort would be better left to those responsible for security. 

• That the KIHC eliminate the formal daily head count.

Where practical and where security is not compromised consideration be given to the daily head count being eliminated. 

Dated March 29, 2007                                                        

Ed Komarnicki, M.P.                                                Nina Grewal, M.P.

Souris-Moose Mountain                                           Fleetwood–Port Kells

Rahim Jaffer, M.P.                .                                   Barry Devolin, M.P.

Edmonton–Strathcona                                             Haliburton–Kawartha Lakes–Brock