Momin Khawaja: Torturing Canadian Justice

by C. L. Cook

The computer programmer arrested under Canada's newly coined "Terrorism Laws," replete with Homeland Security-like abuses of the Charter of Rights and Freedoms so hard fought for may, rumour has it, get a chance after four years of incarceration to have his legally determined day in court next June.

 

CanWest Global's Ottawa Citizen, not known for its sympathies with Muslims or the concept of fair and balanced journalism, reports Khawaja tossed into solitary confinement due to "medical" reasons coinciding with the announcement his case would finally see the light of open court (sorta maybe). 

 

 

Warranted or not, Momin Khawaja's treatment under the draconian laws "justified" in the hysterical reaction to 9/11 is what any declared enemy of the State can now expect in Canada: Government lies, secrecy, and churlish abuse right down the line. Perhaps Mr. Khawaja can expect next to be "de-loused" and made to dig his own grave to the strains of violin played by his damned fellows?

 

Four years in stir, and this further degradation as prelude to his (maybe) trial. What a triumph of freedom, justice, and all that other crap Canadian soldiers kill and die to bring to far off places.

 

Greenspon is philosophical about the announced (maybe) hearing, saying;

 

 

The "Mr. Shore" referred to is Ottawa lawyer, Leonard Shore, brought into the case as a kind of mediator meant to stand between the government's newly "legitimized" contravention of habeas corpus, that right of the accused to hear charges and face her accusers as mandated in English Common Law in the thirteenth century to curb the excesses of kingly powers in the form of the Magna Carta, (remember Robin Hood and his legendary Merry Men?) and the defendant.

 

Cobb describes an "increasingly impatient" Justice Douglas Rutherford, made to endure after this indefensibly long delay of due course further time-wasting by prosecutors, waving aside arcane points of law brought up in hopes of keeping still secret details of the "case" against Khawaja on "national security" grounds.

 

Justice Rutherford was finally heard to ponder the wisdom of the proceedings in his provincial courtroom, considering the point of law the Crown was arguing was something under "Terror Law" that could only be settled in a Federal court weighing federal statute Section 38 of the Canada Evidence Act.

 

Momin Khawaja is reported to have "sat passively" during the hour-long hearing. Perhaps he knows not to be too hopeful of a release anytime soon. Thursday, Canada's Supreme Court refused Khawaja's second attempt to have terror charges against him thrown out.

 

In fact, the feds brought additional charges, totalling twelve pages of secret "evidence" against Khawaja during the hearing, a development that surprised defense lawyer Greenspon, who said;

 

In the meantime, it is up to Momin Khawaja and his family to bear with the system and wait for justice. Speaking of his client's state of mind after four years of incarceration with little hope his case will ever be heard, Lawrence Greenspon says;

• "He's coping. He's never been in prison before. It's been a long wait. It's not easy. He's managing."