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Washington Report on Middle East Affairs, January/February 1999, page 46

Pro-Israel McCarthyism

Canadian Security Intelligence Service Treading on Democratic Values

By Faisal Kutty

Canada’s spy agency, the Canadian Security Intelligence Service (CSIS), encouraged by self-proclaimed terrorism experts such as American Muslim-bashing journalist Steven Emerson and, more recently, pro-Israel propagandist Yehudit Barsky, has intensified its campaign to target Muslims and Arabs. Though the greater monitoring has been evident since the Gulf war, the intensity has increased significantly recently, with even non-political activities being suspect.

Testifying this past summer to a Senate committee, CSIS director Ward Elcock stated that “we know that the infrastructure has been established here to support a terrorist act in Canada.” This begs the question, why would Canada be targeted?

Evidence to support such bold statements has been crafted by individuals and organizations having a vested interest in portraying all Muslims and Arabs as threats. In fact, Barsky, senior Mideast research analyst for B’nai B’rith’s Anti-Defamation League, an extremely well-funded U.S.-based Jewish group that has been convicted of spying illegally on Arab Americans, Muslim Americans, and anti-apartheid and peace activists, claims that groups like Hezbollah, Hamas and Islamic Jihad not only operate in Canada but do so freely as social welfare and charity groups, mosques and clubs.

“There are quite a few of these fronts,” she told a group of Jewish leaders at B’nai B’rith Canada headquarters in Toronto in October of this year. “They can go about their business quietly.”

As a journalist with extensive contacts in the Muslim and Arab communities—having written on Middle East and Islamic affairs for national and international publications—I have yet to come across any of these “fronts.” I envy Barsky’s ability to uncover them while sitting in the Anti-Defamation League’s offices in New York.

Unfortunately, CSIS and Immigration Canada have bought these ideologically motivated arguments lock, stock and barrel. Elcock is on record as stating that terrorist groups have begun using Canada as a base of operations, and as a source for financial and material support. He even alleged Canadian ties to the World Trade Center bombing and suicide bombings in Israel.

The dangerous consequences of such generalizations are violations of fundamental rights and restrictions on peaceful activities of targeted communities. Already many Muslims are afraid to exercise the fundamental freedom to express themselves on issues that may get them targeted. In fact, many have felt the need to caution me not to write on controversial issues such as these for fear of being added to the CSIS watch list.

Already many Muslims are afraid to exercise the freedom to express themselves.

In fact, even activities such as fund-raising for non-political and humanitarian operations in the Muslim world have suffered. As a board member of an Ottawa-based international relief organization operating in the Muslim world, I have come across a growing number of people who hesitate to donate for fear of being targeted.

The squeeze is already being felt and it will only get worse if the solicitor general’s proposal, made last month, to strip the charity status of organizations suspected of being fronts for terrorists is accepted by Parliament. Andy Scott, who has since resigned as solicitor general, proposed the creation of a new legal process whereby charity status could be revoked in closed hearings before the Federal Court.

Muslims and Arabs don’t have a problem with ensuring that terrorists and their activities don’t get funded. The concern is the potential for abuse of such rules and the unfair targeting which can follow such measures. Revenue Minister Herb Dhaliwal openly disagreed with Scott, and told reporters that he has not seen any evidence of charities raising funds for terrorists overseas.

Dhaliwal, who hails from a Sikh background, wisely sees the potential for abuse. In fact, a number of cabinet members reportedly were against the idea of closed hearings where even lawyers for suspect organizations would be barred from the courtroom. What happened to the right to know the case against you, the right to counsel and the right to be presumed innocent?

Echoing the arguments of Adolf Hitler’s Nazis as they subverted Germany’s Weimar republic, Barsky’s final advice on how to fight support for terrorism in Canada was “not to give in to the notion that changes to laws will make you less democratic.” She also spoke positively about highly controversial efforts by the Clinton administration in the U.S. to restrict fund-raising by domestic Islamic organizations on the basis of “secret evidence” which neither the accused nor their lawyers are permitted to see.

It appears that Barsky has some well-placed disciples. The unfortunate consequence of following such anti-democratic advice will be the suspension of certain fundamental freedoms cherished in our Canadian democracy and the denial of humanitarian assistance to those in need around the world in times of crisis. A more cautious, open and responsible solution to address the issue must be found, balancing the rights of the suspected with national security concerns. Increasingly, targeted groups such as Muslims, Arabs, Tamils and Sikhs should have a major input into any new such legislation.


Faisal Kutty is a Toronto-based lawyer and free-lance writer.