Toronto Star

Manning case seen as test of Canada’s morals

Tribunal to rule on CBSA’s decision to bar whistleblo­wer from entry

-

A hearing to determine whether “one of the most well-known whistleblo­wers in modern history” should be allowed into Canada is a test of this country’s moral compass, one observer is arguing, as the case unfolds.

Chelsea Manning appeared via video conference Friday for the second day of a tribunal hearing that will decide whether the Canada Border Services Agency’s decision to bar the former U.S. soldier from entering this country should stand.

Manning was sentenced to 35 years in prison in 2013 by courtmarti­al under the U.S. Espionage Act for revealing thousands of U.S. government documents, including an infamous video depicting brutality by U.S. military against Iraqi civilians.

Her revelation of the documents to WikiLeaks prompted some to brand her a traitor. Others lauded her for an act of conscience that exposed the conduct of U.S. forces on the ground, which contribute­d to changing the public discourse about the U.S.-led wars and counterter­rorism measures.

Then-U.S. president Barack Obama commuted her sentence “in the interests of justice.” She was released in 2017.

In September of that same year, Manning, who is now a network security consultant and advocate, tried to enter Canada at the St-Bernard-deLacolle port of entry to visit friends in Montreal and organize a series of speaking engagement­s here. She was turned away for her record of “serious criminalit­y.”

In declaring her inadmissib­le, Canada Border Services Agency argued the offence Manning was convicted of, if committed in Canada, would equate to treason under the Canadian Criminal Code, for which a 14year imprisonme­nt would be imposed.

Toronto lawyer Hadayt Nazami says much is at stake in what unfolds in the appeal now underway.

“This is not about whether she can come to Canada or not. It’s about the moral standards by which Canada holds itself,” said Nazami, who practises national security, constituti­onal and human rights law but is not involved in the Manning admissibil­ity case.

“It’s entirely possible that could happen to our own Canadian army and the police. Depending on the consequenc­es, if people see horrible things and events that are morally reprehensi­ble and shock our conscience, they would be afraid to say anything about it.”

After pushing border officials for four years to complete their inadmissib­ility report and refer the case to the independen­t tribunal, Manning’s lawyers, Joshua Blum and Lex Gill, argued those offences were not equivalent and that Canadian statutes have provisions for whistleblo­wer protection their client is entitled to. In addition, her lawyers said, Manning’s disclosure of U.S. government documents was justified due to public interest.

On Friday, Osgoode Hall law professor Heidi Matthews testified before the tribunal as an expert witness to the role Manning’s disclosure played in the U.S. and its allies’ military activity from the perspectiv­e of internatio­nal law and public discourse.

In a report she submitted to the tribunal, Matthews said the informatio­n Manning disclosed details evidence of violations of internatio­nal human rights law, as well as domestic military and civilian law, that “put truth to the lie about the humanitari­an commitment­s of counter-insurgency doctrine.”

“Ms. Manning’s leaks unveil the fundamenta­l inhumanity of the War on Terror. In revealing the actual extent of the civilian cost of the wars in Iraq and Afghanista­n, Ms. Manning’s leaks upended the humanitari­an story told,” Matthews said.

Among the documentat­ion Manning revealed was a video dubbed “Collateral Murder” by WikiLeaks, which shows an Apache attack helicopter firing on a group of men in Baghdad, killing 11, including two Reuters journalist­s, Namir Noor-Eldeen and Saeed Chmagh.

This incident, according to Matthews, occurred during the troop “surge” that was supposed to give effect to the heavy resource demands of the “kinder, gentler” counterins­urgent approach to the Iraq War.

For years, said the report, Reuters had tried to obtain video footage of the incident through Freedom of Informatio­n Act requests, which had been denied by the U.S. government in an effort to ensure secrecy around the concrete operationa­l details of the Iraq War.

“The Collateral Murder video was a key moment in unmasking the ‘brutal reality’” of counter insurgency doctrine deployed in Iraq, Matthews said in her report.

Calling their client “one of the most well-known whistleblo­wers in modern history,” Manning’s lawyers did not dispute the act of her disclosure but argued the records disclosed by the former U.S. intelligen­ce analyst was key in transformi­ng the public’s understand­ing of the so-called “War on Terror.”

Her actions, they argued in their submission, are part of a long tradition of public interest whistle-blowing, without which many crimes and abuses carried out by states and other authoritie­s would never see the light of day.

Watching Manning’s case from the sideline, Nazami said the admissibil­ity provision of Canada’s immigratio­n law does allow room for exemption if the inadmissib­le person can show the conviction was the result of “political prosecutio­n.”

“Someone convicted in Turkey for insulting the president can argue that the conviction outside of Canada was not a real crime in this country,” explained Nazami. “In other words, they went after her because of politics, because of her freedom of expression.”

The Canadian border agency, he said, is obliged to demonstrat­e Manning’s intent to commit a crime.

“She intended to actually do something that she thought in her conscience is noble,” added Nazami. “She didn’t believe it was a crime. According to her, the U.S. army was committing crimes and she opposed that based on her conscience.”

Nazami believes the action taken by Ottawa against Manning is to send a signal that Canada would take the same harsh position like the U.S. did on anyone who does what Manning did.

“So the message is even in our own country, we wouldn’t allow this,” he said.

The tribunal hearing was adjourned. Lawyers for the government have until Nov. 8 to file their final written submission. Counsel for Manning will have 30 days to respond.

 ?? ERIC BARADAT AFP/GETTY IMAGES FILE PHOTO ?? Former military analyst Chelsea Manning was sentenced to 35 years in prison in 2013 for revealing U.S. government documents. Border officials here declared her inadmissib­le, saying her actions equate to treason under the Criminal Code.
ERIC BARADAT AFP/GETTY IMAGES FILE PHOTO Former military analyst Chelsea Manning was sentenced to 35 years in prison in 2013 for revealing U.S. government documents. Border officials here declared her inadmissib­le, saying her actions equate to treason under the Criminal Code.

Newspapers in English

Newspapers from Canada