Arvay Finlay successful in
obtaining intervenor status for the
British Columbia Civil Liberties Association before the Arar Inquiry
Maher Arar is a Canadian citizen who was detained by American officials and transported to Syria, where he was detained for almost a year. He was beaten and subjected to brutal interrogation tactics. He was finally released on October 5, 2003. On February 5, 2004 an Inquiry was established to investigate and report on the actions of Canadian officials in relation to Maher Arar. The Commission is also mandated to recommend an arm's length review mechanism for the activities of the Royal Canadian Mounted Police with respect to national security.
The British Columbia Civil Liberties Association sought standing to participate in that Inquiry based on its long history and involvement with national security-intelligence, anti-terrorism legislation and police accountability in Canada. In order to be granted standing, it had to demonstrate that it had a "substantial and direct interest" in the subject matter of the Inquiry.
On behalf of the BCCLA, Joe Arvay, Q.C., argued that the Commissioner must take a broad approach to determining not only what happened to Mr. Arar, but why it happened. He argued that the BCCLA represents the civil liberties interests of all Canada and, therefore, has a unique perspective to bring to the Inquiry. The results of the Inquiry will have a direct impact on the BCCLA’s work assisting individuals to make complaints against the police and other security agencies. Further, the BCCLA has expertise in balancing national security issues with the need for openness and transparency in judicial proceedings. It will be able to assist the Inquiry in determining how to proceed with in camera hearings when necessary.
Commissioner O’Connor agreed that the BCCLA has an "acknowledged expertise" in national security, intelligence and policing issues in Canada and that its perspective would be of real assistance to the Inquiry. In addressing the BCCLA’s application for funding, he commented:
"I consider the BCCLA as a prime candidate to receive a grant of funding. I was very impressed with their presentation and their history of protecting civil liberties in a national security context."
Link to full decision: http://www.ararcommission.ca/eng/ruling01.pdf
