What’s Wrong with Canada’s Extradition Law

Hassan_Diab_Rally_20140515

Please help us reform Canada’s extradition law!

Canada’s extradition law is unjust:

  • In extradition, Canadian standards of evidence do not apply. The standard for extradition is so low that Canada hands people over to other countries more or less for the asking, based on the flimsiest of evidence that would not be accepted in a Canadian trial.
  • Evidence submitted by the foreign country is presumed reliable, and the ability of the person sought to challenge the case against him or her is severely curtailed.
  • The foreign country can cherry-pick its evidence and conceal exculpatory evidence. The person sought has no right to disclosure of evidence beyond what the foreign country chooses to place in the Record of the Case.
  • Canada’s extradition law places the burden of proof on the person sought to show that the evidence against him or her is “manifestly unreliable”. The test for unreliability is so high that it is virtually impossible to meet.
  • Canada extradites its citizens to countries that use secret intelligence as evidence, including intelligence obtained from torture.
  • There is a great divide among the provinces across Canada in how they interpret and apply the federal extradition law, and this is contrary to the fundamental principle that all Canadians should be treated equally before the law.
  • Canada’s extradition law is unbalanced. Canada extradites its citizens to countries that do not extradite their own citizens (France, for example).

In Dr. Diab’s case:

  • The Canadian extradition judge described the evidence against Hassan as “very problematic,” “suspect,” and “weak”. He said that “the prospects of conviction in the context of a fair trial seem unlikely”, but stated that his interpretation of Canada’s extradition law left him no choice but to commit Hassan to extradition.
  • The case was allowed to go forward despite numerous serious contradictions and misrepresentations in the Record of the Case, and despite the reliance on secret intelligence.
  • Evidence showing that Hassan’s finger and palm prints do not match those of the suspect has been suppressed and not allowed in the extradition hearing.
  • Hassan would be a free man if he was living in Vancouver instead of Ottawa, as the province of British Columbia interprets the extradition law differently from Ontario.
  • French authorities revealed that Dr. Diab is not charged, and that he is wanted for investigation purposes only. Despite this revelation, and despite the fact that extradition must be for trial only, the Canadian Minister of Justice signed an order surrendering Hassan for extradition.
  • If extradited, Hassan will be torn from his home and family to languish in jail, possibly for years without trial, while France continues its 33-year investigation.

If it can happen to Hassan, it can happen to any one of us!

Despite Setback, Hassan Determined to
Continue Fight for Justice

The Court of Appeal for Ontario upheld Dr. Hassan Diab’s extradition. A disappointing decision from the Court for Hassan, as well as for the rights of Canadians. But we will fight on! Hassan’s lawyers are seeking leave to appeal to the Supreme Court of Canada.

In reaction to the decision, Hassan gave the following statement.

Court of Appeal Will Release Its Decision on Thursday May 15

The Court of Appeal for Ontario will release its decision regarding Dr. Hassan Diab’s extradition on Thursday May 15, 2014.

We are planning a press conference and RALLY on Parliament Hill in Ottawa on the same day.

What:   Rally in Support of Dr. Hassan Diab
Date:   Thursday May 15, 2014
Time:   11:30 AM – 1:00 PM
Place:   Outside Centre Block, Parliament Hill, Ottawa
  (look for group with “Justice for Hassan Diab” signs and banners)
   

 
No matter what the outcome is, your presence at the rally will demonstrate that we care about justice, and we oppose extradition based on anonymous and unreliable intelligence and on a single handwriting analysis report that has been discredited and condemned in Court.

We will have signs and banners. Please, also bring your own signs or banners!

Hassan and his family are extremely grateful for your continued support in our struggle against an unfair extradition law and legal proceedings based on totally flawed “evidence”.

For more information, contact:
Hassan Diab Support Committee
http://www.justiceforhassandiab.org
diabsupport@gmail.com

Background

Hassan’s appeal to overturn his extradition was heard by the Court of Appeal for Ontario on November 4 and 5, 2013. Amnesty International, the British Columbia Civil Liberties Association (BCCLA), and the Canadian Civil Liberties Association (CCLA) filed interventions with the Court in support of Dr. Diab.

Five internationally-recognized handwriting experts had testified that the handwriting analysis report by a French analyst is totally flawed and does not follow recognized methodology in the field. The extradition judge who committed Hassan to extradition described the report as “very problematic”, “convoluted”, “very confusing”, and “with conclusions that are suspect”. However, the judge held that, since this is an extradition hearing, he cannot apply Canadian standards of evidence to exclude this report.

Hassan has steadfastly declared his innocence. His fingerprints and palm prints do not match those of the presumed bomber. He has repeatedly affirmed that he is willing to answer questions from French authorities here in Canada and take a lie detector test, but there has been no response to either offer.

“My life has been turned upside down because of unfounded allegations and suspicions.
I am innocent of the accusations against me. I have never engaged in terrorism.
I am not an anti-Semite. I have always been opposed to bigotry and violence.”
Dr. Hassan Diab, Ottawa, Canada

Join the Hundred for Hassan Campaign

Dr. Hassan Diab has not been charged with any crime, yet he must pay $2,000 per month for the cost of his own surveillance—a GPS device he is required to wear—or be imprisoned. Join the HUNDRED FOR HASSAN Campaign and be one of an increasing number of conscientious people who are making a statement of support for Hassan by contributing $20 a month to cover the cost of his GPS monitoring. This is our way of taking a public stand and saying, “This is just wrong”.

Add yourself to the Photo Wall! Join the HUNDRED FOR HASSAN Campaign and send your picture and quote to diabsupport@gmail.com.

Hundred for Hassan Photo Wall

Add yourself to the Photo Wall! Join the HUNDRED FOR HASSAN Campaign and send your picture and quote to diabsupport@gmail.com.

See: Background Information

Thank You

A huge THANK YOU for everyone who came to the Social Evening and Fundraiser for Hassan Diab on April 11. Great food, music, speakers and more! Participants had a terrific time while supporting justice for Hassan Diab.