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Tuesday, March 9, 2010
George W. Bush gets his day in court! STS vs. Bush trial goes forward
Judge Manfred Delong Meets Splitting the Sky
by
Joshua Blakeney
Media Coordinator of Globalization Studies
University of Lethbridge
Today the trial of Splitting the Sky commenced. Splitting the Sky attempted a citizens' arrest on credibly accused war criminal George W. Bush on March 17, 2009, and was arrested and jailed for doing so by police. Try as its representatives might to disguise their motivations with the kind PR spin doctoring we witnessed in the court today, the Calgary Police, the RCMP and its contractors were under the Harper government's strict political orders to protect the Alberta home turf of the current minority government that came to power as the holder of the Bushite franchise in Canada. Some have termed this historic proceeding as "The Trial of Splitting the Sky versus George W. Bush." From what I witnessed firsthand on day one, the government attempt to manage this highly volatile convergence of law and politics was an exciting affair.
The morning's proceedings were mostly filled with the testaments of the policemen involved in protecting Bush and arresting STS. Amazingly, when one of the policeman was asked why he had arrested the Mohawk activist, the official contended that he "was protecting STS" from Bush's henchmen. He went on to say that Bush's protectors carry "lethal weapons" and that they would in all have used them to kill the accused man. Rather than seek further information on Bush's private-Blackwater-style militia, the lawyers on both sides of the case passed over this startling revelation.
The presiding magistrate, Judge Manfred Delong, initially appeared, in my view, to be siding with the Crown prosecutor against STS's lawyer, Charles Davison. Davison's initial submission asked the court to allow for a distinction between "Obstructing a Police Officer" and "Preventing a Police Officer from Performing his Duty." Davison's argument was disallowed by Judge Delong. From that point on, Mr. Davison appeared to be improvising in a defence on which the hopes of many in the anti-war activists are riding.
Certainly the turning point of the day came when STS took the stand to testify in his usual flamboyant, surprising and erudite manner. STS reminded the court that it was the same laws which the minority government eschewed vis-a-vis Bush which were invoked to keep British peace activist George Galloway MP out of Canada last March. STS opined: "All Galloway had been doing was bringing medical aide to Palestinians in Gaza, 2000 of whom Israel had massacred, but they barred Galloway from Canada using the same laws which they should have used to ban George W. Bush."
My perception was that until STS testified, Judge Delong was more inclined to the Crown's side of the argument, namely that the police were "keeping the peace" in a law-abiding manner by arresting STS. Once STS had outlined his justifications for seeking the arrest of Bush, the judge perked up markedly. Charles Davison's main contentions revolved around the characterization of STS's understanding at the moment he attempted the citizen's arrest. STS informed the court that three documents most influenced his decision to arrest Bush. The first was a statement disseminated prior to Bush's lecture date by Lawyers Against the War. It was directed to a number of law enforcement officials right up to Prime Minister Stephen Harper. In a concise yet rich and detailed intervention, LAW detailed why George W. Bush was inadmissible to Canada under the Immigration and Refugee Protection Act and Canada's Crimes Against Humanity and War Crimes Act (see: http://www.globalresearch.ca/index.php?context=va&aid=12668).
The second document submitted to the court was a letter of solidarity written by former US Attorney-General Ramsay Clark. Over three decades Clark and STS have developed a deep and fruitful collaboration going back to the days when the latter was charged with killing a jail guard in the Attica prison debacle of 1971. The third document to be placed before the Court is entitled "Bush League Justice: Should George W. Bush be Arrested in Calgary, AB, and Tried for International Crimes." It was authored by STS's friend and colleague, Anthony J. Hall. I noticed that Judge DeLong, who had been particularly statue-like and expressionless prior to reading Hall's essay, suddenly metamorphosed into an engaged human being apparently interested in this highly significant case in Canada's history.
Not long after the period when Judge Delong had listened to STS's impassioned oratory and viewed Professor Hall's essay, the court was adjourned. The judge concluded by stating he was willing to stay until Thursday (i.e. for the full four days allotted for the trial) plus an extra day if necessary. The Judge's looking ahead to a week-long trial can be deemed a victory for STS and his supporters as a five day event should allow for more evidence to be brought to light in a legal proceeding which is certainly one of the most significant trials ever to take place in Calgary. Judge Delong has been presented with a chance to create a beacon of a hope in a world afflicted with the prospect of never ending military strife as set in motion by the Cheney-Bush regime's fraudulent Global War on Terror.
Tomorrow is the second day of the trial and STS's lawyer may be calling Professor Anthony J. Hall to the stand to testify. Cynthia McKinney will arrive in Calgary on Tuesday evening. It is hoped the the court will give this indefatigable freedom fighter the green light to testify on Wednesday.
http://truthjihad.blogspot.com/2010/03/george-w-bush-gets-his-day-i...
LAW sent the attached letter today to the RCMP War Crimes Program requesting them to:11 March 2009
begin an investigation of George W. Bush for aiding, abetting and counseling torture between November 13, 2001 and November 2008 at Guantánamo Bay prison in Cuba, Abu Ghraib prison in Iraq, Bagram prison in Afghanistan and other places; and, advise the Prime Minister, Attorney General of Canada and Ministers of Immigration and Public Safety that the George W. Bush administration is a " government that has engaged in torture and other war crimes and crimes against humanity and therefore G.W. Bush, as former President, is also inadmissible under section 35(1)(b) of the IRPA.
Lawyers Against the War
Tel: +1 604 738-0338
Fax: +1 604 736-1175 Email: law@...
Website: www.lawyersagainstthewar.org
LAWY E R S AGA IN S T THE WA R
Canada 1 877 662 7344
law@portal .ca
www.lawyersagainstthewar.org
Wednesday, March 11, 2009
Officer in charge, RCMP War Crimes Section
110 Place d'Orléans, Room 2200,
Ottawa, Ontario, K1A 0R2
VIA FACSIMILE: (613) 590-2130
Attention Officer in Charge of RCMP War Crimes Section;
George W. Bush is reported to be planning to visit Calgary Alberta on or before March 17, 2009 as a guest of the Calgary Chamber of Commerce.
We are writing to report that:
-George W. Bush, former President of the United States and Commander is Chief of the Armed Forces, is inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA), section 35(1)(a) because of overwhelming evidence that he has `committed, outside Canada, torture and other offences referred to in sections 4 to 7 of the Crimes against Humanity and War Crimes Act (CAHWC); and,
- the George W. Bush Administration has engaged in "systematic or gross human rights violations, or a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the CAHWC. We request that the RCMP War Crimes Section immediately take the following steps:
- begin an investigation of George W. Bush for aiding, abetting and counseling torture between November 13, 2001 and November 2008 at Guantánamo Bay prison in Cuba, Abu Ghraib prison in Iraq, Bagram prison in Afghanistan and other places; and,
- advise the Prime Minister, Attorney General of Canada and Ministers of Immigration and Public Safety that the George W. Bush administration is a " government that has engaged in torture and other war crimes and crimes against humanity and therefore G.W. Bush, as former President, is also inadmissible under section 35(1)(b) of the IRPA.
Overwhelming evidence of these allegations against both G.W. Bush and the Bush Administration is widely available. These allegations have triggered Canada's duty to act to use all legal means to ensure the appropriate investigations, remedies and responses. Canada's international legal duties specifically prohibit treating these acts as legal, as ignoring the IRPA and allowing Bush into Canada would do.
Under sections 4 to 7 of the Crimes Against Humanity and War Crimes Act, "crimes against humanity" include murder, enforced disappearance, deportation, imprisonment, torture and imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, committed against any civilian population or any identifiable group. War crimes include willful killing, torture and inhuman treatment, unlawful confinement and willfully depriving a prisoner of war or other protected person of fair trial rights.
If there are reasonable grounds to believe a person has been complicit in any of these crimes, entry to Canada must be denied. Reasonable grounds, according to the Supreme Court of Canada are "something more than suspicion but less than…proof on the balance of probabilities."
Many have concluded that the available evidence establishes conclusively that Bush and the Bush Administration committed torture and other war crimes and crimes against humanity and that Canada and other states now have a duty to condemn, investigate, prosecute and punish those crimes.
U.N. General Assembly President Miguel d'Escoto Brockmann, on March 4, 2009 concluded, "The [Bush Administration] aggressions against Iraq and Afghanistan and their occupations constitute atrocities that must be condemned and repudiated by all who believe in the rule of law in international relations,"
U. N. Special Rapporteur Martin Scheinin, in February 2009 concluded, "…the United States has created a comprehensive system of extraordinary renditions, prolonged and secret detention, and practices that violate the prohibition against torture and other forms of illtreatment… States must not aid or assist in the commission of acts of torture, or recognize such practices as lawful, …Under international human rights law, States are under a positive obligation to conduct independent investigations into alleged violations of the right to life, freedom from torture or other inhuman treatment, enforced disappearances or arbitrary detention, to bring to justice those responsible for such acts, and to provide reparations where they have participated in such violations."1 (underlining added)
The RCMP has a duty to investigate and prevent such crimes at common law2 and also under the War Crimes Program. This program, as you know, was established specifically to meet the challenge of investigating crimes committed outside Canadian territory. The mandate of the War Crimes Program to, "…ensure that the Government of Canada has properly addressed all allegations of war crimes…" is achieved by, "…the RCMP, with the support of DOJ [Department of Justice], investigating allegations involving reprehensible acts that could lead to a possible criminal prosecution."3
Lawyers Against the War is ready, on request, to provide references to evidence of torture. We are confident that other organizations such as the European Center for Constitutional and Human Rights, National Lawyers Guild, American Civil Liberties Association and the Center for Constitutional Rights would also be ready to assist by providing references to evidence.
We request a reply before March 17, 2009
Respectfully,
Gail Davidson,
Lawyers Against the War
Copied to:
Prime Minster Stephen Harper; Attorney General Rob Nicholson; Peter Van Loan, Minister of Public Safety; Jason Kenney, Minister of Immigration; Lawrence Cannon, Minister of Foreign Affairs;
Jack Layton-Leader of NDP; Joe Comartin, NDP Justice Critic; Paul Dewar, NDP Foreign Affairs Critic; NDP Don Davies, Critic on Immigration;
Liberal Leader Michael Ignatieff; Bob Rae, Liberal Foreign Affairs Critic; Dominic Leblanc, Liberal Justic Critic; Maurizio Bevilacqua, Liberal Immigration Critic;
Leader of the Bloc Quebecois Gilles Duceppe; Real Menard, BQ Justice critic; Serge Menard, BQ Public Security critic; Thierry St-Cyr, Bloc Immigration critic ; Paul Crete, Bloc Foreign Affairs critic.
1 Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, A/HRC/10/3,4 February 2009.
2 RCMP Act, R.S. 1985, c. R-10, s. 18 and Royal Canadian Mounted Police Regulations, 1988, SOR/88-361, s. 17. See also "[common law] recognizes the existence of a broad conventional or customary duty in the established constabulary as an arm of the State to protect the life, limb and property of the subject." Shacht v. R. [1973] 1 O.R. 221 at pp. 231-32.
3 Overview of Operations, mandates and Structure, Canada's Crimes Against Humanity and War Crimes Program:http://www.justice.gc.ca/en/ps/wc/oms-ams.html |