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### Viewing cable 05OTTAWA3698, CANADA: 2005 COUNTRY REPORT ON TERRORISM

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05OTTAWA3698 | 2005-12-16 21:40 | 2011-04-28 00:00 | UNCLASSIFIED | Embassy Ottawa

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 06 OTTAWA 003698

    SIPDIS

    FOR S/CT RHONDA SHORE AND ED SALAZAR

    E.O. 12958: N/A
    TAGS: ASEC CA KCRM KHLS PGOV PHUM PINR PTER KPAO
    SUBJECT: CANADA: 2005 COUNTRY REPORT ON TERRORISM

    REF: STATE 193439

    ¶1.  Unclassified entire text.

    GENERAL ASSESSMENT
    ------------------

    ¶2.  The Government of Canada remained steadfast in 2005 in
    partnering with the United States and other like-minded
    states to support the international fight against terror.
    With a 5,200 mile undefended border, Canada is one of the
    most important partners the U.S. has in the war on terror and
    the level of integration and cooperation has a very direct
    impact on U.S. security.  Overall, antiterrorism cooperation
    with Canada remains excellent and may be unique in the world
    for the depth and breadth of contact between our two
    countries.

    ¶3. Canada has contributed steadily to military activities in
    the global war on terror, through participation in coalition
    maritime interdictions in the Arabian Sea and Operation
    Enduring Freedom and NATO's International Security Assistance
    Force (ISAF) in Afghanistan.  As of December 2004,
    approximately 700 CF troops were stationed in Kabul in
    support of the NATO-led ISAF VI. In August 2005, Canada
    augmented its contribution under OEF with a Canadian
    Provincial Reconstruction Team comprised of military,
    civilian and police personnel, in Kandahar.  Approximately
    200 Canadian personnel are located in the United Arab
    Emirates, where they provide airlift and logistics support to
    deployed troops in the Southwest Asia theater. Although
    Canada chose not to join Operation Iraqi Freedom, it has
    pledged USD 280 million to the reconstruction of Iraq and has
    also given USD 18 million to help with the January 2005 Iraq
    transitional elections.  In addition Elections Canada led the
    international monitoring effort for all three rounds of the
    Iraqi elections.

    ¶4.  Canada has been proactive in all international fora which
    deal with terrorism.  It has signed and ratified all 12 UN
    conventions and protocols and has listed all terrorist
    entities designated by the UN.  Canada was instrumental in
    drafting and negotiating the Inter-American Convention
    Against Terrorism in December 2002, and was the first country
    to ratify the treaty.  Canada has been an active participant
    in the Inter-American Committee Against Terrorism (CICTE),
    most recently promoting the international UN conventions and
    protocols on terrorism and working closely with other
    hemispheric partners to develop and provide capacity-building
    assistance and training at the last CICTE meeting in Trinidad
    & Tobago in February 2005.

    ¶5. Canada implements terrorist finance listings in compliance
    with UN requirements and coordinates closely with the United
    States on plans to freeze assets.  Efforts to counter
    terrorist financing include implementing UNSCR 1373,
    promoting the Special Recommendations on Terrorist Financing
    of the Financial Action Task Force, and actively
    participating in the G-7, G-8, G-20, and Egmont Group.  In
    July 2006 Canada will assume the presidency of the Financial
    Action Task Force.  Canada has its own financial intelligence
    unit, FINTRAC, which was created in 2000 to collect, analyze,
    and disclose financial information on money laundering and
    terrorist activities.  FINTRAC has reported some two dozen
    cases but no criminal prosecutions have been undertaken.

    ¶6.  U.S.-Canadian cooperation on counter-terrorism is
    excellent, with extremely close contact from the ministerial
    level all the way down to provincial and state law
    enforcement officials.  There are a number of established
    bilateral fora for coordination, including the Cross Border
    Crime Forum's Terrorist sub-group and the Security and
    Prosperity Partnership of North America, and large-scale
    counter-terrorism exercises such as Topoff 3.  There is also
    extensive cross-border cooperation at the local level between
    state and provincial authorities and between border towns.

    ¶7. Amidst this close cooperation there is one area that
    requires attention.  Since the removal of Canadian terrorist
    suspect Maher Arar to Syria after his interception by U.S.
    authorities in New York in 2002, Canadian sharing of
    information with the United States has been restricted.  Some
    Canadian authorities were blamed for facilitating Arar's
    deportation and subsequent torture in Syria and officials at
    all levels have since been reluctant to proactively share
    information, especially on Canadian citizens, that was
    previously part of a routine background exchange.  The U.S.
    and Canada need to develop a mechanism to ensure Canadian
    concerns are satisfied in such a way that information can
    continue to be freely shared and disseminated.

    INFORMATION ON TERRORIST GROUPS/SAFE HAVEN
    ------------------------------------------
    ¶8. An August 2002 report by the Canadian Security
    Intelligence Service states that "with the possible exception
    of the United States, there are more international terrorist
    organizations active in Canada than anywhere in the world."
    It divides terrorist threats in Canada into four categories:
    1) religious extremists, "with various Sunni Islamic groups
    being the most serious threat at present"; 2) state-sponsored
    terrorism; 3) secessionist violence, "which encompasses Sikh
    extremism, and separatist movements in Sri Lanka, Turkey,
    Ireland and the Middle East; and 4) domestic extremism,
    including some anti-abortion, animal rights,
    anti-globalization, and environmental groups, "a small but
    receptive audience for militia messages from the U.S., and
    white supremacists."

    ¶9. The report suggests that the reasons for the plethora of
    terrorist groups in Canada are "Canada's proximity to the
    United States which currently is the principal target of
    terrorist groups operating internationally; and the fact that
    Canada, a country built upon immigration, represents a
    microcosm of the world."  It goes on to say that "terrorist
    groups are present here whose origins lie in regional,
    ethnic, and nationalist conflicts, including the
    Israeli-Palestinian dispute, as well as those in Egypt,
    Algeria, Sudan, Afghanistan, Lebanon, Northern Ireland, the
    Punjab, Sri Lanka, Turkey, and the former Yugoslavia."

    ¶10. According to CSIS, among the specific groups that have
    front organizations acting on their behalf or have active
    supporters in Canada, are: "Hizbollah and other Shite Islamic
    terrorist organizations; Hamas; the Egyptian Al Jihad and
    various other Sunni Islamic extremist groups from across the
    Middle East and Maghreb; the Provisional Irish Republican
    Army (PIRA); the Tamil Tigers (LTTE); the Kurdistan Workers
    Party (PKK); and all the world's major Sikh terrorist
    groups."  Finally, the CSIS report states that "some
    supporters of the international Islamic Jihad cause are also
    present in Canada, with a few of them possibly linked to Al
    Qaida."

    ¶11. CSIS points out that most terrorist activities in Canada
    are "in support of actions elsewhere linked to homeland
    conflicts," and that Canada is primarily a base for terrorist
    supporters, many of whom "use the refugee stream to enter
    Canada, or immigrant smuggling."  Their activities include
    "fund-raising, lobbying through front organizations,
    procuring weapons and material, coercing and manipulating
    immigrant communities, and facilitating transit to and from
    the United States and other countries."

    ¶12. Some 38 terrorist groups are officially banned in Canada
    (full list at www.PSEPC.gc.ca), including prominent Middle
    Eastern organizations, Latin American groups, and Sikh
    movements, among others.  Prominently missing from the list
    is the Tamil Tigers (LTTE).  This has been a matter of
    considerable debate in the government of Canada, and appears
    to some analysts to be based on political considerations, as
    the 200,000 person Tamil community in Canada is one of the
    largest in the world, and is centered around Toronto in
    ridings currently held by the Liberal Party.  While the GOC
    does not allow known LTTE members to enter Canada, and the
    LTTE has been officially listed in Canada in support of UN
    Security Council Resolution 1373 since 2001, the Government
    of Canada has not banned the group under Canada's
    Anti-Terrorism Act.

    FOREIGN GOVERNMENT COOPERATION
    ------------------------------

    ¶13. The Government of Canada actively seeks to improve its
    own counter-terrorism capabilities and its cooperation with
    the United States through a series of policy, legislative,
    judicial, and operational measures.

    Policy
    ------

    ¶14. In December 2003, the Government of Canada established
    the Department of Public Safety and Emergency Preparedness
    (PSEPC), Canada's closest equivalent to the US Department of
    Homeland Security, and gave it the mandate of protecting
    Canadians from criminals and terrorists.  This was followed
    in April 2004 with the release of the federal government's
    national security statement -- "Securing an Open Society:
    Canada's National Security Policy."  This policy statement
    identified three key goals and the means to support them: 1)
    Protecting Canada and Canadians at home and abroad; 2)
    Ensuring Canada is not a base for threats to allies; and 3)
    Contributing to international security.  The security policy
    statement also allowed for consultative mechanisms to be
    established to allow for a permanent, high-level
    provincial-federal forum on emergencies with a regular
    strategic discussion on emergency management issues among key
    players; a National Security Advisory Council; and a
    Cross-Cultural Roundtable on Security, to better engage
    Canada's ethnic minorities and religious communities on
    security-related issues.  The latter was strengthened and
    utilized in the wake of the London bombings.  In general,
    Canada's program for integrating minorities and new
    immigrants socially and economically is one of the best in
    the world, which is why the country does not appear to have
    the large numbers of potentially disaffected youth and
    radicalized communities that are common elsewhere.
    Legislative
    -----------

    ¶15. In the wake of the September 11 attacks, Canada passed on
    December 18, 2001, an Anti-Terrorism Act, which strengthened
    its ability to identify, deter, disable, prosecute, convict,
    and punish terrorist groups.  It also provided investigative
    tools for Canadian law enforcement agencies while building in
    substantial safeguards to privacy and due process.  Because
    of the rapid passage of the bill in the wake of the 9/11
    attacks, certain sunset clauses were built in (e.g. a
    five-year limit on the clause regarding preventative arrest
    and investigative hearing powers in section 83.32).  A
    requirement for review after three years was also part of the
    legislation.  The House of Commons adopted a motion on
    December 9, 2004 authorizing the subcommittee on Public
    Safety and Public Security (SNSN) to undertake a review of
    the legislation, and the Senate on December 13, 2004 set up a
    Special Committee to review the law.  These committees have
    started their work, which will take over a year to complete.
    Additionally, the Minister of Public Safety and Emergency
    Preparedness (PSEPC) is required under subsection 83.31 (3)
    of the Criminal Code to prepare and submit to Parliament an
    annual report on its power under the Anti-Terrorism
    legislation to engage in preventative arrest.  This power has
    not yet been used.

    ¶16. Only one person has been arrested under the
    Anti-Terrorism legislation to date -- Mohammed Momin Khawaja
    -- who was charged on March 30, 2004 of terrorist activity in
    Canada and England.  The investigative hearing provisions of
    the Act have been used once -- in the Air India case -- but
    the witness in that case challenged the requirement to
    provide compelled testimony.  Because of the sparse
    application of the bill its supporters contend that it is not
    being used as effectively as it might and believe it should
    be made retroactive in order to cover offenses committed
    before the Act was passed.  Critics, especially in the Arab
    and Muslim communities, believe it could be used to target
    certain groups based on ethnicity or background and seek its
    repeal.  At the heart of the debate are questions about the
    definition of terrorism, and how to define "intent," in a way
    which does not clash with Canada's Charter of Rights and
    Freedom, which aggressively defends political and religious
    expression.

    ¶17. An additional piece of legislation that deals with
    aspects of terrorism is the Public Safety Act of 2002, which
    received Royal Assent on May 6, 2004.  This act has raised
    some privacy concerns and Canada's federal Privacy
    Commissioner has charged that the government has used the
    issue of terrorism to intrude on the lives of Canadian
    citizens by gathering information such as flight passenger
    data and electronic surveillance.  The government introduced
    new legislation in the fall of 2005 that would require
    advanced communications companies to build into their
    commercial systems the means to tap and record conversations
    and transmissions.  The measure also raised privacy concerns
    and was not passed before the Parliament dissolved in
    November 2005 for national elections.

    ¶18. The government was successful, however, in passing
    Trafficking in Persons legislation, which received Royal
    Assent on November 25, 2005.  The amendment makes trafficking
    in persons a specific criminal offense and prohibits global
    trafficking in persons, benefiting economically from
    trafficking, and withholding or destroying documents to
    facilitate trafficking in persons.

    Judicial
    --------

    ¶19. The most significant terrorist act in Canadian history
    was the June 23, 1985 bombing of Toronto origin Air India
    Flight 182 off the Irish coast.  The attack resulted in 329
    deaths and was blamed on Sikh terrorists fighting for an
    independent homeland.  The Air India case dragged on for
    years, a victim of bureaucratic squabbles and investigative
    missteps.  On March 16, 2005, a British Columbia Supreme
    Court Justice found Sikh separatists Ripudaman Singh Malik,
    and Ajaib Singh Bagri not guilty of planting the bomb,
    largely because of credibility problems with witnesses.  The
    outrage from families of the victims led to calls for a
    commission of inquiry into the bombing, which will be led by
    former Ontario Premier Bob Rae.  He will have until March 31,
    2007 to submit his final report.  Rae has been directed not
    to look into the misconduct of individual officials, but
    rather the systemic issues that need to be addressed, among
    them: was the pre-1985 assessment of Sikh terrorism adequate;
    was the response of Canadian agencies to the bombing well
    coordinated; are terrorist financing laws adequate; are there
    problems in RCMP and CSIS coordination; and how should the
    government manage the issue of security intelligence that is
    also criminal evidence?  The issue of coordination and
    information-sharing between the RCMP and CSIS had largely to
    do with how to utilize information gathered in an
    intelligence case as evidence in a criminal prosecution.
    This remains an unresolved issue for Canadian law enforcement
    and counter-terrorism officials.

    ¶20. Another high-profile judicial terrorism case in 2005 was
    that of Ahmed Ressam, the "millennium bomber," who was caught
    by an astute American border guard in December 1999
    attempting to bring bomb-making materials into the U.S. from
    Canada.  The Algerian-born immigrant had been denied asylum
    in Canada but had been living in Montreal for seven years and
    used false identification to obtain a Canadian passport under
    an assumed name.  Ressam was identified as a member of the
    Algerian Armed Islamic Group (GIA), and convicted in 2001 on
    nine counts associated with the bomb plot.  Sentencing was
    repeatedly delayed because he provided information against
    other suspects, notably Samir Ait Mohamed.  On July 27, 2005,
    he was sentenced to 22 years in jail.

    ¶21.  Many suspected terrorists who do not possess full
    Canadian citizenship, have been dealt with by the issuance of
    security certificates issued under the Immigration and
    Refugee Protection Act (IRPA), which has been a part of
    immigration policy since 1978.  Since 1991, 27 certificates
    have been issued, of which five were issued since September
    11, 2001.  These five are:

    --    Mohammed Mahjoub, member of Vanguards of Conquest
    (VOC), a radical wing of the Egyptian Islamic Jihad.
    --    Mahmud Jaballah, senior member of the Egyptian Islamic
    terrorist organization al-Jihad and Al Qaeda.
    --    Hassan Al Merei, suspected Al Qaeda member.
    --    Mohammed Harkat, suspected Al Qaeda member.
    --    Adil Charkaoui, suspected Al Qaeda member.  Charkaoui
    was released in February 2005 on C$50,000 bail, and is
    fighting deportation to his native Morocco.  Charkaoui denies
    ties to terrorists, but al-Qaeda members Abu Zubaida and
    Ahmed Ressam claim they met him at an Afghan training camp in
    ¶1998.  Charkaoui's claim that the security certificate
    violates the Charter of Rights and international law was
    dismissed by a Federal Court judge but the Canadian Supreme
    Court agreed in August to hear the case.

    ¶22. Canada's most prominent terrorist family is the Khadrs,
    whose father Ahmed Said indoctrinated his children to be
    jihadis, taking them to Afghanistan to train with and
    ultimately fight with, the Taliban.  Ahmed Said was killed by
    Pakistani security forces in South Waziristan in 2003.  His
    youngest son Omar was detained after a shoot-out with U.S.
    forces in Afghanistan in July 2002 in which a U.S. soldier
    was killed and another soldier seriously wounded.  He is
    currently being held in Guantanamo.  Khadr's second son
    Abdurahman, 22, was detained by U.S. security forces in 2001
    in Afghanistan and was held in Guantanamo before being
    returned to Canada in 2003.  He is currently living in
    Scarsborough, and was denied the issuance of a Canadian
    passport on national security grounds, which he is in the
    process of appealing.  The eldest son, Abdullah, 24, recently
    returned from Pakistan where he was being held by Pakistani
    security forces.  He is suspected of once running a training
    camp in Afghanistan.

    Operational
    -----------

    ¶23. Day-to-day cooperation between the US and Canadian law
    enforcement and intelligence agencies on counterterrorism is
    close and continuous, and plays out in joint planning,
    exercises, and operations.  Canada cooperates closely with
    the United States on investigations, and there is a heavy
    volume of extradition requests between the two countries.
    Canadian privacy laws, limited resources, and criminal
    procedures are more favorable to the defendant than in the
    United States, however, which could occasionally inhibit a
    more full and timely exchange of information and may benefit
    supporters of terrorism.

    ¶24.  Canada and the United States engage in a wide range of
    ongoing planning discussions on counterterrorism.  The US
    Attorney General and Canada's Minister for Public Safety and
    Emergency Preparedness and Minister of Justice coordinate key
    policy initiatives through the Cross Border Crime Forum,
    whose Terrorist sub-group met in June 2005 in Ottawa and
    December 2005 in Washington.  There are also ongoing efforts
    to improve implementation of provisions of the Smart Border
    Accord.  Finally, there are discussions at multiple levels
    through the Security and Prosperity Partnership of North
    America, which provided an extensive report to leaders in
    June 2005 that outlined a detailed work plan for all aspects
    of hemispheric security and has led to the establishment of a
    series of working groups to manage individual issues.

    ¶25. As part of the Ridge-Manley 30 point "Action Plan for
    Creating a Secure and Smart Border," the U.S. and Canada
    agreed to expand pre-existing Integrated Border Enforcement
    Teams (IBETs) to more fully cover the length of the border.
    By 2005 there were 15 IBETs in operation on both sides of the
    border, which included participants on the Canadian side from
    the RCMP and Customs and Border Security Agency, and on the
    U.S. side from Customs and Border Patrol, Immigration and
    Customs Enforcement, and the U.S. Coast Guard.  The
    capabilities of the IBETs are progressing, but are hampered
    by lack of adequate funding, integrated communications, and a
    legal framework that solves the problem of cross-border
    weapons carriage by enforcement officers.   Resolution of
    these issues would allow these units to move beyond a
    platform for information exchange to fully functional joint
    operations.

    ¶26. There were a number of exercises in 2005 to test our
    joint response to terrorist attack.  In April 2005, Canada,
    the U.S. and the U.K. held a large-scale exercise -- Topoff 3
    -- which brought together 10,000 participants from more than
    200 federal, state, local, and private sector agencies and
    organizations to review policies and procedures for managing
    a large-scale, multipoint bio-terrorist attack.  Other small
    exercises, such as a cross-border drill between Quebec and
    Vermont in October 2005, revealed communications problems and
    provided local and state/provincial officials the opportunity
    to improve their ability to respond jointly to an emergency.
    There is also extensive cross-border cooperation at the local
    level between state and provincial authorities and between
    border communities.

    ¶27. Canada has also been active in international efforts to
    improve the capacity of key countries to respond to
    terrorism.  In the fall of 2005 it began the
    Counter-Terrorism Capacity Building (CTCB) program under
    Foreign Affairs Canada.  This program will bring together 19
    federal departments and agencies to share Canadian expertise
    in areas such as border security, transportation security,
    anti-terrorism financing, legislative drafting, legal policy
    and human rights, and counter-terrorism and intelligence
    training.

    ¶28. To better coordinate its own efforts to monitor and
    control terrorist activity, the GOC in October 2004
    inaugurated the Integrated Threat Assessment Centre (ITAC).
    ITAC's primary objective is to produce comprehensive threat
    assessments which are distributed within the intelligence and
    law enforcement communities and to first responders.  These
    assessments are based on intelligence and trend analysis, and
    evaluate both the probability and the potential consequences
    of threats.  ITAC is housed within CSIS headquarters in
    Ottawa and includes representatives from PSEPC, CSIS, CBSA,
    Foreign Affairs, DND, and the RCMP.  ITAC has liaison
    arrangements with the U.S., UK, Australia, and New Zealand.

    ¶29.  Embassy POC is Keith Mines, Political Officer,
    telephone: 613-688-5242,
    e-mail: Mineskw@state.sgov.gov.

    Visit Canada's Classified Web Site at
    http://www.state.sgov.gov/p/wha/ottawa

    WILKINS

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