Canada: No excuse to send man to torture, lawyers argue

He'll be tortured in Egypt, they assert, and that seems to be more important than the fact that he hoped to cause the deaths of large numbers of Canadians. From the Toronto Star:

The federal government has failed to justify the drastic step of sending a suspected terrorist back to Egypt given the high likelihood he would be tortured there, his lawyers argued today. In a court challenge to Ottawa's decision to deport Mahmoud Jaballah, 41, his lawyers said the government would be trampling on both his human rights and the fundamental principles of justice without any compelling reason to do so.

"Mr. Jaballah will be subjected to torture if he is returned to Egypt," lawyer Barbara Jackman told Federal Court.

"There is a chance he could be (killed), which would be irreversible torture."

Much of the legal argument centred on a Supreme Court of Canada decision that people facing the risk of torture in their homelands should be deported only under "exceptional circumstances."

There was no indication those special circumstances existed and therefore no reason to send Jaballah back to his homeland, Jackman told Judge Andrew Mackay.

"We are not in a state of emergency," Jackman said. "We are not in a time of war. There is no epidemic. There is no catastrophe."...

Don MacIntosh told Mackay that Jaballah was an integral member of the Egyptian terrorist group al-Jihad with ties to senior members of Osama bin Laden's Al Qaeda.

Everyone in Canada has the right to be protected from "evil terrorist organizations" and "people like Mr. Jaballah," MacIntosh said.

"The continued presence of Mr. Jaballah in Canada threatens the lives of Canadians and their allies."

Co-defence lawyer John Norris argued that not even the war on terrorism could be used as an excuse under international law to justify torture - even if national security was at stake.

"What we know very clearly is that this war may not be fought at any cost," Norris said.

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What proof have they given that he would be tortured in Egypt? Isn't Egypt usually marketed as a "moderate" Islamic state and an ally of the West? And surely, he would only be tortured in Egypt if he were an enemy of the Egyptian state and the only group I can think of who are considered as such are the Muslim Brotherhood, so are they saying he is a Jihadist? And therefore he should be permitted to stay in Canada explicitly because he's Jihadist and therefore a threat to Canadians?

This seems to be a lot like the child, who after killing his parents, pleads for mercy because he is an orphan.

jay

Every time I read an article like this, I think about leaving Canuckistan for the States. Canada is as bad as Europe when it comes to appeasing Muslims.


As a Canadian I've seen the refugee system as a joke and a growth industry for Immigration lawyers. The Prime Minister welcomed back the Al-Qaeda family that returned to get free health care for their son that was injured during a shoot-out in Afghanistan with Nato forces.
One of the sons did a CBC special about how he was recruited to be a suicide bomber,he trained in a Al-Qaeda camp and later said his Islamic values made him turn away form the Al-Qaeda when he saw that Muslims were being killed along with infidels during terrorist bombings.

Now re-run that in your head,he was OK with Jews and Christians be slaughtered,but he drew the line at his people getting killed.
Our prime Minister and Ontario Liberal leader
welcomed these lowlifes back and even a local Mosque said they'll raise funds to support them.
The Canadian Government doesn't give a F**k about the threat to the USA and I understand the sealing up of your borders. CAIR and other groups seem to think they have a right to visit the USA and have bitched about being second-class citizens. Lots of Canadians can't go to the USA because of drug charges and criminal records,screaming racism looks really petty and so Islamic.
Here's a thought for Muslims,start denouncing terror and the Muslims commiting it,start telling Muslims to help the Police to find the Jihadists in the Mosques,stop denmanding others to practise Islam by proxy,understand that the hijackers were all Muslim terrorists but not all Muslims are terrorists.

Suggest you send Canadian Prime Minister in Jaballah's place. That SHOULD satisfy all PC Lefties and wipe the appeasement smile off Paul
Martin's face...

"We are not in a state of emergency," Jackman said. "We are not in a time of war. There is no epidemic. There is no catastrophe."...

And there is no jihad. Islamic ideology is a myth and Osama dustbin Ladin is Father Christmas who has been maligned by Zionist propaganda.

Dhimmis like Mr. Jackman are destined to die in the sleep of their profound ignorance.


Here's a link to a story that relates to my comment above,the Khadr family has no shame and the son has flip flopped on his versions of the truth. One thing that the RCMP have missed about this family is a tax evasion case,Revenue Canada threatened me at my job over a minor back taxes issue that was being cleared up. The Khadr's seem to get kid-glove treatment on this issue,the son stated he earned 5000.00 US per month as a spy in Cuba for the CIA. Well this is undeclared income from other sources and he said it was cash put in a CIA account in his name.
Why is it a Canadian born Christian who has parents that served in WW2 for Canada gets hounded by the Government and threatened with jail over a income-tax mistake,yet a professed Al-Qaeda family Jihadist that vowed to murder westerners gets treated like royalty by the Federal Liberals even though they know about income tax evasion from a CIA cash paid job while out of the Country.
With Shariah Law coming to Canada and Islam being allowed in schools as a anti-racism course,
Canada is on it's way to a Islamic State with beheadings and public shooting of females that sin in the eyes of Allah.

Seal your borders and stop giving a F**k about the Muslims that whine over having their feelings hurt during spotcheck at your airports.
You already know that CAIR is on the side of the terrorists so just assume they'll harp about Islam being peace even after another Muslim attack on non-Muslims.


http://www.canada.com/national/nationalpost/news/story.html?id=a7265c81-d71a-4c37-8a49-7b041d29156d

Sorry, should be Ms. Jackman.

Even if the pussy-ass maggot was looking at getting tortured if they sent him back to Egypt;so what? What the hell does that have to do with the Canadian authorities, the torture is taking place in Egypt, by Egyptians on (by golly) an Egyptian.
If the piece of shit was never caught he would be still plotting terrorism against Canada or the US, but seen as he has been, at the very least the bastard should be deported, torture being much less than he and scum like him deserve.
But no, even if national security is at stakethey won't do it, so whats to be done with the rat, give him a nice little house, a new identity, and a bank account full of money and just hope that he's seen the error of his ways.He isn't even a damn Canadian citizen.
Canada is sinking fast, and it's own crew are sinking it.

So he gets his just desserts from his fellow Muslims in Egypt, who cares??

"What we know very clearly is that this war may not be fought at any cost," Norris said.

If it were his children who were going to be blown apart, this idiot lawyer would soon change his mind.

idontslam, ala-sux, HULEGU

As I've said before. This is a war that is being waged on us, the non-muslims by muslims, who are engaged in their holy jihad. We just happen to be the prey. In this war, our governments in the West, are of no use.

Make no mistake about it. We have to fight this war on our own. The only thing at issue, is the manner. In the meantime, we must fight in our own individual way that suits us the best.

This is just typical Canada. This is what it does. It harbours and shelters the worst scum in the world if need be, to protect the poor dears from their deserved judgement in their home countries. Naively thinking this is the good, the just, the honourable thing to do. Bah!

About a dozen years ago they refused to return a psycopathic sicko by the name of Ng to the US because he would have faced the death penalty. This guy was evil incarnate. He tortured and murdered people, videoing his deeds. Fled across the border to Canada (obviously knowing the system), and nope, Canada wouldn't return him until the US assured Canada he wouldn't be executed. What business it was of Canada's to protect this vile puke, I have no idea. He was an American who committed crimes in America against Americans. But Canada had to stick its stupid goody-two-shoes nose into this business. Same thing with another case, a couple of young men who slaughtered one of the men's family - dad, mum and retarded sister. Fled to Canada. Of course. Same bullsh**. Years of legal wrangling, oh you can't execute the poor dears. Human rights and all that, doncha know!

And here it's at it again. Only even worse. Protecting the "rights" of a terrorist. Somebody who wouldn't think twice about mass murdering Canadians, Americans, anybody.

Jesus H. Christ! Canada is so frustrating. Thank God I don't live there anymore.

Islam will never become dominant in Canada. It is true that Canada is more tolerant than the US and I think this is due to Canada's view of herself as more a European culture than a North American one. This European influence can be seen in Canada's dedication to pc, socialism, an appeasement oriented foreign policy (including to the point of not defending its own citizenry or sovreignty), and elitist attitude toward their richer but less sophisticated southern neighbor.

Oh, and the reason Islam will never become dominate in Canada? Simple, the US will never allow it. Think about that. The US will endure Canadian rudeness, socialism, and even outright animosity, but Canadians must realize that there is a limit to US tolerance, and allowing a hostile neighbor is beyond that limit. Canadians are now our friends, not allies anymore really, but friends and within the historical framework of this friendship they may be dangerously overestimating the strength of their position and influence. Because let me assure you that if it ever becomes a decision between honoring Canada's sovereignty and the US tolerating a belligerent unhelpful northern neighbor undermining US national security and endangering its citizens Canada's sovereignty will be of passing concern, of very little passing concern. Because the US, unlike Canada, will protect itself and its citizens. Canadians may accept dhimmitude as the price for not being bothered by defending themselves, but Americans will not. Harsh, yes but true.

And as far as US fugitives going to Canada I think it's a great idea. If Scott Peterson had been smart enough he would have fled to Canada and then Canadian taxpayers would be footing the bill for his incarceration or they just could release him and let him apply for residency because either way he would no longer be able to come back to the states. And if Canada incarcerates him for 20 years on their dime instead of sending him back to the US to possibly face the death penalty, well, I'm perfectly alright with that. But if Canadians instead release him and then can live with the idea that a possible murderer freely walks among them benefiting from their generosity and lagresse, well, I guess I'm okay with that too. Hmmm, this might be a way to alleviate crowed court dockets; just have Canadian taxpayers subsidize US prison systems.

What?? Tourtered?? Who is this lawyer trying to fool...we have all been told by govt officials that islam is the religion of PEACE...where does torture fit into peace? The govt is losing points quickly...first muslims are our friends, islam is peace...then we cant send this CRIMINAL back to his country of origin because MUSLIMS will torture him in the name of ISALM...I have to wonder if they realized how stupid they sound...or maybe they are just hoping that we are all just too stupid to realize what they are saying.