Toronto Star

Goodale must investigat­e allegation­s of racism against CSIS, RCMP

- FAISAL KUTTY Faisal Kutty is counsel to KSM Law, an associate professor at Valparaiso University Law School in Indiana and an adjunct professor at Osgoode Hall Law School. Kutty provided pro bono legal support to RCMP cadet Ali Tahmourpou­r in his human ri

By now, many people have heard about the $35-million lawsuit against the Canadian Security Intelligen­ce Service (CSIS) filed earlier this month. The 54-page statement of claim on behalf of five intelligen­ce officers and analysts allege a toxic workplace where some managers and supervisor­s discrimina­te against Muslim, Black and gay employees. The pleadings (yet to be tested in court) also accuse the spy agency of Islamophob­ia, racism and homophobia.

While conceding that there are bad apples in every bunch and that it must be dealt with if the allegation­s are proven, national security analyst and former CSIS agent Mubin Shaikh says, “We should not judge all of CSIS by the actions of a few.”

I can’t argue with that, but here are a few critical points to note in addressing the concerns raised.

First, this is not just any bunch. As Ihsan Gardee of the National Council on Canadian Muslims points out, the allegation­s should be even more concerning given that “in the context of intelligen­ce gathering, Canadian Muslims already face disproport­ionate scrutiny.”

Indeed, there is a history of overreach, abuse and excessive targeting when it comes to the Muslims and Arabs (contrary to popular perception, they are not synonymous).

The most infamous example being the spy agency’s role in Maher Arar’s rendition and torture.

Other problemati­c practices include: showing up at homes and workplaces unannounce­d at odd hours; speaking with family, friends, colleagues and even employers (who may be ordered to keep it secret); offering incentives for “informatio­n:” intimidati­ng newcomers; questionin­g people about specific institutio­ns; inquiring about one’s religiosit­y; and discouragi­ng legal counsel. Some of the lawsuit allegation­s are consistent with such conduct. The government and senior CSIS officials must remind themselves that trust and respect only work if they flow both ways.

Second, the insistence on accountabi­lity and transparen­cy should not be interprete­d as an indictment of the whole institutio­n, though the “old boys club” culture and the fact that superiors and managers are alleged to have been at the forefront or complicit in the discrim- ination suggests that this is more than just about a few rotten outliers. Just as sunlight is a great disinfecta­nt, exposing the culture and conduct may be a necessary part of houseclean­ing within one of the country’s most secretive organizati­ons.

Third, with the limited oversight and the expanded powers granted to CSIS under anti-terrorist laws passed in 2015 by the outgoing Conservati­ves (yet to be amended or repealed by the Liberals), it becomes even more important that CSIS be expected to perform above reproach. Indeed, these powers are ripe for abuse including guilty by associatio­n, profiling and restrictio­ns on religious rights.

Fourth, this lawsuit and the protests from the affected communitie­s must be viewed through the lens of two previous employment equity audits conducted by the Canadian Human Rights Commission in 2011 and 2014.

Both reports chastised CSIS for its lack of visible minorities, people with disabiliti­es and Indigenous Canadians, especially in upper management. The audits also highlighte­d the “attitudina­l barriers” imposed on minorities and “inappropri­ate comments and behaviour” aimed at them. Some of these allegation­s have also been confirmed by other former employees not party to the lawsuit.

Lastly, the government ought to sit up and take notice when we start noticing its agencies and department­s coming under fire for violating laws. In Tahmourpou­r v. Canada (AG), the RCMP was found to have discrimina­ted against a Muslim cadet “based in part on his race, religion and/or ethnic or national background.”

The Human Rights Tribunal decision was upheld by the Federal Court of Appeal in 2010. In fact, even prior to Sept. 11, a number of insiders from within CSIS and the RCMP contacted me about such incidents.

Most never had the courage or resources to challenge their treatment. That said such instances are not restricted to CSIS or the RCMP.

Indeed, the government is also facing flak for harassment and discrimina­tion within the military.

It is well past time for Public Safety Minister Ralph Goodale to investigat­e such allegation­s, especially when they emanate from the military, the RCMP and CSIS because of the potential detrimenta­l impact on our national security.

This is one instance where we don’t want to take a chance with a few bad apples spoiling it for the rest of us.

It is well past time for Public Safety Minister Ralph Goodale to investigat­e such allegation­s, especially when they emanate from the military, the RCMP and CSIS because of the potential detrimenta­l impact on our national security

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