Canada held five Arab Muslim men indefinitely on a mere-possibility standard without charge
Evidence
In contrast to non-residents, permanent residents are entitled to a review of the detention order after the first forty-eight hours and subsequently at six-month intervals until a final decision is made by a federal court judge concerning the security certificate. For ‘foreign nationals’ and permanent residents alike, however, there is no appeal with respect to the judge’s decision on the security certificate and the test for the finding of the reasonableness of the certificate is a low one, the ministers needing only to satisfy the court that there is a possibility that the person is a terrorist or a member of a terrorist organization. The five men currently detained under security certificates are all Muslim men of Arab origin each of whom has been detained for three to seven years. The detainees – Hassan Almrei, Mohammed Mahjoub, Mohammed Jaballah, Mohamed Harkat, and Adil Charkaoui12 have served varying periods of time in solitary confinement, and each is detained without charge indefinitely. — Sherene Razack, Casting Out, 74
Categorization
- XREF: Direct empirical payload: exact legal triggers, detention durations, and demographics; usable as evidence that harm operates without any resolution of the definitional debate.