Wednesday, March 05, 2008

New Security Certificates Law Escapes Both Public Scrutiny and Democratic Dissent

By Wade Deisman and Mike Larsen
When the Supreme Court last February declared security certificates to be unjust, the mood amongst the five men currently held by such certificates was cautiously optimistic, though a far cry from festive.

Although the high court concurred with the petitioners in finding the then-extant security certificate process unconstitutional, its judgment fell short of fully denouncing the practice.

The decision contained caveats that quashed any hope for the men's immediate release, and placed their fates in a kind of suspended animation.

In fact, the high court suspended applying its judgment for a year to allow lawmakers time to decide how to proceed, and even outlined some ways the process might be modified.

The high court said that a better balance between the state's desire to protect secret information and an individual's right to a fair hearing might be achieved by introducing a special advocate into the security certificate process.

The court reviewed a number of special counsel models, including the amicus curiae format used in the Arar Inquiry, the model associated with the Air India trial, the process used for secret information under the Canada Evidence Act, the British Special Immigration Appeals Commission (SIAC), and the Security Intelligence Review Committee (SIRC) model.

Of these, the court emphasised the last, which attempts to preserve an adversarial process, and was used for security certificate cases until 2002.

In the following weeks, those involved in the challenge called for a full public debate on the court-identified models identified. But the government remained silent, apart from indicating it intended to draft new legislation.

Such public reticence seemed initially understandable—arguably excusable. After all, some argued, the government ought to take time behind closed doors to weigh its options and formulate a strategy aimed at meeting the court-imposed deadline.

As time wore on, however, this allowance wore thin. Some began to suspect that silence itself was a part of the strategy.

The government, critics charged, was not dragging its feet so much as biding its time, waiting until the last possible minute to introduce new legislation and create an eleventh-hour scenario that would deter dissent by creating a situation wherein anyone associated with its expression might run the risk of being seen as sympathizing with the five men being held, or worse still, being responsible for setting them free.

Whether or not this allegation is true, the fact remains that by the time Bill C-3 reached the Senate, the court's grace period had very nearly expired. Faced with a do-or-die situation, those in the upper chamber saw fit to forfeit a full interrogation of the new law in the name of a higher duty.

Normally, this kind of legislation would receive at least four weeks of Senate hearings. Bill C-3 was dealt with in a single 10-hour session. In the end, the Senate's decision contrasted sharply with the submissions made by the hastily-compiled group of witnesses, the vast majority of whom expressed serious misgivings with both the bill's content and the truncated legislative process that produced it.

Indeed, the only submission to the Senate in support of the bill came from the public safety minister himself.

The new security certificates law was so expertly manoeuvred through the system that it largely escaped both Scylla of public scrutiny and the Charybdis of democratic dissent.

So Canada now has a new security certificate process, but at what cost?

One obvious price is confidence in the fairness and probity of the new process. The new approach is based heavily on the British SIAC model despite expert testimony favouring Canada's SIRC system.

It places limits on contact between the advocate and the individual subject to a certificate once the advocate has had access to secret information.

This will make it difficult to seek simple but potentially important clarifications from the named individual.

Additionally, while the SIRC model immediately grants counsel access to the full dossier of government information except cabinet confidences, the new Canadian model merely allows an advocate to ask that certain data be made available.

This means that advocates will have to engage in fishing expeditions to get material that is not introduced by the government but might be of value to the case.

It seems only a matter of time before the special advocate system is challenged before the Supreme Court.

A second cost lies in the missed opportunity for broad participation in both debate and problem solving.

At every stage in the legislative process, the government was presented with detailed and reasoned criticism of its proposal; and, at every stage, meaningful debate and the opportunity to revise and strengthen the bill was short-circuited by assertions that that hesitation would endanger Canada's national security.

Even if the security certificate system is procedurally fair, its intended outcome is still deportation. In each of the five existing cases, this would involve returning an individual to a state known to engage in torture, contravening Canada's international obligations.

What can we learn from the delayed tabling of C-3 and how it was rammed through Parliament? Not much that is particularly novel or even profound.

Canadian democracy is still highly susceptible to the politics of fear. The spectre of complacency in the face of an unspecified terrorist threat can be leveraged to tilt the field in favour of fear and push aside major reservations and misgivings.

And, perhaps, that the façade of urgency can be fabricated as a matter of stratagem, for there is nothing so unifying as the illusion of exigency and the fiction of a heroic, come-from-behind, saves-the-day effort in the name of securing the country.

Wade Deisman is director of the Ottawa-based National Security Working Group and has taught courses on terrorism, law and policing at the University of Ottawa. Mike Larsen is a PhD candidate in sociology at York University, and a researcher at the York Centre for International and Security Studies.

Thursday, August 16, 2007

The Power of Secrecy

By Wade Deisman
The story of Maher Arar and of his struggle to learn what role Canadian agencies played in his deportation and torture in Syria took one final, treacherous turn last week after originally redacted portions from the O'Connor report were finally made public.

The passages in question were redacted by the federal government on the pretence that ongoing investigations and/or agreements with allied security services might be compromised by their disclosure.

After their publication on Friday, however, it became clear that this was pure pish-posh, a cynical ruse aimed at shielding the already embattled security services from further infamy.

The patent lack of sensitive national security content in any of the declassified passages set pundits seething in indignation and commentators across the spectrum seemed to agree that the government's actions not only breached public interest, but compromised its essential integrity.

It is not hard to see what might have motivated the government to try to keep the passages in question classified. They are doubly damning in so far as they not only put the lie to the air of innocence maintained by the security services in relation to the fate of Arar, but also show that Canadian authorities were in much closer connection with the agency ultimately responsible for Arar's rendition than originally thought.

Indeed, at least one senior CSIS operative strongly suspected very early on in the whole saga that Arar had been targeted under the American transport-to-torture rendition program led by the CIA. Moreover, such suspicions were conveyed to CSIS high command but were not subsequently shared with the agency's political masters. Furthermore, the declassified portions make it clear that the CIA itself directly contacted the RCMP for intelligence on Arar shortly before he was subject to rendition. Finally, the declassified passages show that the RCMP complied with the request for information immediately and in full–sans the mandatory caveats and qualifications intended to safeguard the use of such information.

While Friday's revelations occasioned a great outpouring of outrage, almost no one professed shock or surprise. Aficionados of such affairs have a sense of how things work on the ground, and no one familiar with the intrigues of intelligence found the twin façades of innocence and ignorance donned by the RCMP and CSIS credible. For others, who had hoped the declassified information would bring clarity and closure to one of the most disturbing ordeals endured by a Canadian in recent memory, there was, at last, only disappointment.

The truth had been wrested from forces with a vested interest in concealing it only at great expense and in the end even the government itself had aided and abetted in its concealment.

It seems fairly certain that we have now been told all that we are likely to ever be told about the role that Canadian agencies played in the Maher Arar affair. Whether we will learn all that we can learn from the affair is, of course, another question entirely. For the great majority of Canadians, the ordeal endured by Maher Arar initially seemed like little more than an object lesson in how good intentions can have bad consequences. Today, however, it stands as a saga of bone-chilling proportions, a staggering cautionary tale about the power of secrecy, the evils of overzealous action, and the truly Herculean struggle necessary to wrest the truth from those who believe they are entitled to disguise, discredit or deny it.

Wade Deisman is director of the National Security Working Group and an expert on policing, intelligence, terrorism and national security at the University of Ottawa.

Tuesday, November 14, 2006

They're open, they're vulnerable, they're so-called soft targets..."

June 2006: The Harper government promised 95m for ‘measures that enhance the security for passenger rail and urban transit. At the time, that figure was considered ‘low key’ with RCMP training and the provision of firearms for border guards drawing the most attention. Yesterday 35 million of the promised 80 was ‘awarded’ to Toronto, Vancouver, Calgary, Edmonton, Montreal and the National Capitol Region, in ‘round one’ of Transit-Secure.

The program “allows for the reimbursement of eligible expenses, for the period of June 22, 2006 to March 31, 2008, and is subject to all expenditure controls applicable to contribution programs as per Treasury Board Transfer Payments Policy.”

The funds will support risk assessments, staff, training, equipment, and security audits. The costs will be shared at a ratio of 3:1 and the initial investment divided in this way:

- Montreal: up to $11,411,657

- National Capital Region: up to $1,178,288

- Toronto: up to $11,033,765

- Edmonton: up to $2,250,000

- Calgary : up to $811,875

- Vancouver: up to $9,859,590.

The Transit-Secure backgrounder contains more details on how city funds will be distributed by operator, since they will not be administrated by the municipalities. According to the backgrounder this round is the first of several “initial measures” including 24 million over four years to increase transport canada’s capacity, 8 million to allow PSEPC and Transport Canada to run urban transit preparedness exercises with operators and ‘stakeholders’ ranging from table-top to live runs, and a 3m, 2 yr PSEPC Public Safety Portfolio Task Force which will support local efforts to identify and cope with security issues.

Interestingly, the backgrounder mentions Madrid and London, but does not include the Dubai train bombings which were by far more expansive than either of them as cause to consider public transit vulnerable. It also contains a familiar imperative from the Transportation Minister: “Canada is not immune to the threat of terrorism. We must remain vigilant and continue to work with our partners in government and industry to address transit security issues.”

That statement was tellingly rephrased by the Vancouver Transit link representative as:

“I think what we're seeing in this announcement is that it's a kind of wake-up call for commuters that we are not immune [from terrorism], that we live in a global environment now,"

And by Wesley Wark, President of the Canadian Association for Security and Intelligence Studies on CBC.ca as:

"We could easily be a target for terrorist attacks," he said. "We've been named by al-Qaeda as a target nation, so while we might like to think we're not a likely target, you just can't gamble with that."

However, he added, no amount of money can make a transit system invulnerable.

"They're open, they're vulnerable, they're so-called soft targets, in the professional jargon," Wark said.

"You can do some things: You can have closed-circuit TV's that are a help; you can have a bit more visible security measures in terms of armed police and guards and so on.’

As of this afternoon, however, modifications to the spending were already being made. Ottawa announced that the National Capital spending would be decreased to about 900,000 and that CCTV was off the table until a needs assessment could be done. Although the NCR had recently experienced a series of violent events, the need for this spending is far from ‘demonstrable’.

In fact, the entire apparatus is cast in a curious light when spending in the Capitol is compared with that of Montreal’s 11m allocation. Although Montreal in particular has been slated for an extended CCTV program for some time an 11m initial payment seems excessive and will almost certainly draw fire for being political.

With time, we may in fact see the entire plan scaled down; the Ottawa needs assessment is unlikely to bear out funding for live-run disaster training. The second biggest ‘winner’ is Toronto, whose mayor, according to CBC responded by saying that there is ‘no real threat’ to Toronto Transit, but thanked the government for the extra funding anyway.

One thing that Canadians should take from this, is that so far from not being able to ‘gamble’ with the possibility that Canadian transit may be a target, more than a year after the London 7/7 transit bombings, and the subsequent manifestation of armed guards and dogs in Toronto stations, in most cities neither operators nor municipalities have conducted thorough needs assessments.

At the moment, Possibility, Likelihood and Actuality are dots so far removed in the security narrative – at least the public one – that funding allocation notwithstanding, transit security programs have a fair way to go yet.

Saturday, October 07, 2006

Normative Challenges in the Context of Transnational Anti-Terrorism: Some Lessons from the Arar Inquiry

© Mike Larsen, 2006

Contemporary terrorism is perceived as a phenomenon largely unbound by geography, and this has posed challenges for state responses, at both operational and normative levels. Multi-national and multi-sectoral cooperation in anti-terrorism, while demanding collaboration between actors, also gives rise to moral-ethical conflicts and barriers to effective accountability. These two issues – the transgression of norms and the problem of accountability – are fundamentally related, with the latter facilitating the former. I will discuss this through the example of the recently-concluded Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (2006), and discuss the value of transnational criminology as a means to make sense of the Commission findings and to explore ‘conditions of possibility’ that might reduce the potential for future violations of this kind.

To begin, it is important to note a few salient features of the contemporary (post-September 11) national security context, as influenced by the US-led ‘war on terror’. Western responses to the perceived imperatives of the ‘new normalcy’ (Serfatay, 2002) have been characterized by broad expansions in the powers of policing and intelligence agencies, in the transmission of intelligence between states and between state and non-state actors, and in the general expansion of security portfolios. At a rhetorical level, these expansions have been couched in a state narrative that emphasizes themes of urgency, exceptionality, pervasive threat, and novelty; terrorism, in other words, is described as the most pressing threat to western states (CSIS, 2004), and one that demands us to ‘do something’ serious in response. At the same time, we are time and again told that the context in which this action must take place is essentially new and exceptional – the Canadian government prefers the term ‘new reality’ (PCO, 2004; PSEPC, 2005) – and that our responses must be equally novel and exceptional.

In Canada, one of the products of the post-September 11 state mobilization has been the drafting and implementation of the country’s first ever formal national security policy, ‘Securing an Open Society’ (PCO, 2004). One of the key themes of this policy document is the need to build an integrated security system (ibid, p.p. 9-14), whereby ‘key partners’ work in close collaboration, and share resources and information. This is a common characteristic of post-September 11 security policies, partly due to the perception that the September 11 attacks were the result of a ‘failure of intelligence’ caused by ineffective communication.

The emphasis on collaborative national security efforts has translated into a re-blurring of the operational boundaries between policing and intelligence gathering that were created following the 1981 McDonald Commission’s investigation into the practices of the RCMP (Friedland, 2001). Criminologists have described this blurring as a post-September 11 intensification of the relationships between ‘high policing’ and ‘low policing’ (ex. Brodeur & Leman-Langlois, 2006). At the same time, the common understanding of terrorism as a threat with “transboundary implications” (PCO, 2004, p. 16) has meant that intelligence-collection and sharing has an increasingly transnational quality. Information flows are multi-directional, fluid, complex, and governed by an array of agreements ranging from informal arrangements to contractual partnerships (Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, 2004). Of critical importance, both national and transnational security intelligence practices are governed by an increasingly robust regime of secrecy, such that important mechanisms and arrangements are ‘protected’ from public scrutiny under national security confidentiality privileges.

The final report of Justice O’Connor in the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (2006) points to serious problems with the mechanisms through which security intelligence is gathered, evaluated, and transmitted – both internally and to other agencies – by the RCMP. Mr. Arar’s detention by US officials, rendition to Syria, and year-long torture and interrogation in that country provides a case study in the consequences of an approach to security intelligence that fails to pair the transnational flow of information with effective commitments to oversight and individual rights.

The Commission has found that the RCMP knowingly passed poorly-screened (and therefore inaccurate) information about Mr. Arar to American authorities, with the insinuation that he was a suspected member of the terrorist organization al Qaeda. In the immediate post-September 11 context, given the climate in the United States, this set off a chain of events that resulted in the decision to render Mr. Arar to Syria, and prolonged period of torture and interrogation there, during which time Canadian officials not only failed to take strong action to secure his release but availed themselves of intelligence products produced by his torture, and then attempted to cover up their actions (Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, 2006, p. 14). The decision to render (extra-judicial transportation for purposes of national security or state-sanctioned kidnapping) Mr. Arar to Syria – as opposed to a Western country – was a deliberate one, designed to take advantage of the lack of restraints surrounding detention, interrogation, and prisoner treatment practices in that country. This reputation was well-known to the officials who made the decision, and to international human rights groups and governments. What was done to Mr. Arar in Syria could not have been done legitimately in Canada or the United States, due to established norms of conduct, standards of due process, and mechanisms of oversight. In the context of a transnational ‘war on terror’, however, it was possible for American (and Canadian) officials to circumvent these norms by outsourcing this particular aspect of the intelligence-gathering process.

In addition to the troubling findings of the Commission report, testimony from Canadian intelligence officials during the Commission hearings provides further illustration of the problems associated with ‘new’ (and pre-existing) forms of intelligence-gathering and sharing. Ward Elcock, former director of the Canadian Security Intelligence Service (CSIS) testified that “ all [security intelligence] services now increasingly, even larger ones, would recognize that they cannot secure their own security if you will by themselves; that the necessity is to have relationships with other organizations in the international sphere” (Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, 2004, p. 90). Upon further questioning about the nature of these relationships, Elcock acknowledged that CSIS has a great deal of leeway in the development of information-sharing policies, both in terms of giving and receiving intelligence. Critically, CSIS enters into reciprocal intelligence-sharing relationships with states in the knowledge that the other party may have a dubious human rights reputation. Moreover, on the subject of the value placed on information that comes from torture, Mr. Elcock’s testimony indicates that not only is such intelligence not automatically discounted, but that CSIS as an agency does not have an official definition of torture, and therefore does not have an official legal basis for determining whether or not it is making use of the products of torture (Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, 2004, pp. 213-216).

Clearly, the Arar Commission points to a number of very serious problems associated with the practices of ‘high policing’, intelligence gathering, and intelligence sharing in Canada and abroad – many of them the result of decisions to deliberately transgress or wilfully ignore norms through the mechanism of transnational cooperation. It also points to fundamental problems with the accountability and oversight of policing and security-intelligence actors in the contemporary context. The commission itself suffered from a severely-restricted mandate. It was empowered to conduct a fact-finding mission, and to offer recommendations in relation to the oversight of the RCMP. Members of other stakeholder agencies, such as Mr. Elcock, offered testimony, but the commission was not empowered to make recommendations about the governance of these agencies. Key parties in the affair – notably the American authorities and the Syrians – could not be compelled to provide information or indeed to participate, and Commissioner O’Connor notes that “In a few instances, however, I have been hampered by the lack of evidence of officials of these other countries” (Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, 2006, p. 11). This is perhaps an over-generous statement; in point of fact, the Commission’s terms of reference reflect the absence of an empowered, transnational mechanism to provide accountability and oversight in such complex situations.

The relations of policing and intelligence-gathering that gave rise to the ‘Arar affair’ transcend the boundaries of traditional criminology in a way that is well-understood by scholars with a transnational focus. Wood & Kempa’s (2005, p. 297) discussion of ‘nodal governance’ captures this well, in that it recognizes the plurality of ‘auspices and providers’ that take part in the governance of new forms of policing. Rather than focusing on public-private dichotomies, a ‘nodal’ approach makes it possible to theorize the practice of policing as one that takes place at the nation-state level, above the nation-state level (Sheptycki, 1998, cited in Wood & Kempa, 2005), and at a ‘glocal’ level. It seems that just such an approach is needed to make sense of the new dimensions of policing and intelligence-gathering. The ‘Arar affair’ is perhaps best understood as the product of a set of relations between a loosely-governed (ad-hoc, even) network of policing and intelligence nodes. A proper study of these relationships would probably find that the experience of Mr. Arar was not an aberration, but rather an inevitable result of post-September 11 policy.

I propose that one of the reasons for this inevitability is the absence of effective oversight and accountability mechanisms for transnational security intelligence practices. In a complex and transnational system of relationships where the normative (and legal) constraints of one actor can be overcome through collaboration with other actors, where key arrangements take place under the veil of secrecy, and where the outcomes of decision-making processes have direct consequences for social control, transgressions of this nature are essentially built-in. Moreover, attempts to overcome this inherent complexity that remain bounded by traditional concepts and categories fail to address crucial underlying problems. In the case of the Arar Commission, this manifests in the possibility of a limited-mandate inquiry, with a strictly national focus that deals primarily with one actor (the RCMP). Actions taken to increase the oversight of the RCMP may have ripple effects on the other ‘nodes’ of the security-intelligence relationship, but this is altogether different that a reflexive, transparent, and democratic governance process.

Transnational criminological approaches can offer opportunities for expanded ‘governmental reflexivity’ – particularly through democratic accountability – in relation to security intelligence. This sort of intervention has produced successes in the field of public policing, notably in conflict areas such as South Africa and Northern Ireland (Wood & Kempa, 2005). As important as the success stories is the fact that the discipline of criminology is equipping itself to engage in and take ownership of such challenging problems of governance in the first place, as noted by Hardie-Bick, Sheptycki, and Wardak (2005), and Chan (2005). Exactly what forms effective security-intelligence accountability mechanisms might take is unclear, although the current problems suggest that a transnational, arms-length governing body able to contend with the plurality of actors and jurisdictions would be ideal. Viewed as a form of globalized inquiry that is attempting to move past the debate of relativism vs. positivism by acknowledging and adhering to commitments to human rights, transnational criminology seems well-equipped to explore the challenges of new security-intelligence relationships. This reflexive but post-relativistic commitment, expressed by Sheptycki (2005) through the recognition of the universality of harm, is particularly appropriate as a tool to challenge the deliberate normative transgressions that characterized the experiences of Maher Arar.

Thursday, September 21, 2006

Opacity in Cross-Border Security Politics

I'll revise this to add some analysis and additional material tomorrow, but I think it's important to get the basic information posted now.

This article, from the CBC, discusses an extremely high-level, closed-door conference that took place in Banff earlier this month. The subject of the conference was national security - particularly as regards the integration of Canada and US interests (energy policy was also discussed). Public Safety Minister Day was on hand, and it is reported that US Secretary of Defense Donald Rumsfeld provided the keynote address. The media was not informed of the event.

Maude Barlow, writing for the Toronto Star, provides a good analysis of the event, its implications, and exactly what is at stake here.

The importance of this event, considered in relation to our current security context, must be recognized. With the O'Connor report fresh off the presses, and ongoing legal battles and heated debates around issues such as Guantanamo Bay, detainee rights (in both countries), rendition, and information sharing, the need to bring deliberations about national security into the public sphere has never been more apparent. Bearing this in mind, and noting the series of problems (atrocities, constitutional violations) that have emerged in relation to secretive anti-terror practices, the decision to exclude the media (and public) from such a high level policy conference speaks volumes about the menality of our governments.

When 'national security confidentiality' is invoked to restrict access to information in the context of hearings such as the Arar Commission of Inquiry or the Security Certificate cases, we should be concerned, and more than concerned, about the status of our democratic values; but when the entire process of shaping the future of our security policy appears to be an 'invitation only affair' (with both the public and the free press having been left off the guest list), alarm bells should be ringing.

Decisions made in the near future will shape the future of Canada-US relations, border governance, privacy, information sharing, civil liberties, intelligence-gathering, and the nature of 'national security accountability'. Clearly, there are many stakeholders in these debates, including the citizens of both Canada and the USA. If we, as democratic publics, want our national security policies (policy?) to reflect our interests, it is incumbent upon us to engage in a real, open, and inclusive dialogue about security - as citizens, and not as consumers or subjects.

More to follow. Comments welcome.

Monday, September 18, 2006

"We're in a different world today than we were then. ... " - A Weeklong Daily Digest of Arar Commission Coverage

Three years in assembly, the Arar Report was released this afternoon. The NSWG is tracking the news coverage and will endeavor to provide a brief digest of some of the more interesting reports and commentary.

The NSWG is also maintaining a mailing list of updates for this week only. If you are interested in joining this list, email mlarsen@yorku.ca

Maher Arar’s long road to learning how and why he became a victim of torture in Syria culminated in an 855-page report (not yet available on the commission website, but promised shortly). In it he received the categorical exoneration he had been hoping for since he was detained by US officials. CTV has video of O’Connor and more coverage.

Early reports suggest, however that not all the expectations of Arar, and his interveners were met. O’Connor sharply criticized the RCMP for negligently sharing information from a database that had not been adequately scrutinized for accuracy and also failing to follow sharing restrictions that would have prevented his rendition.

Specifically, Mr. Arar was placed on a border ‘lookout’ list as early as October 2001 as part of an Islamic Extremist group thought to be linked to Al-Qaeda. O’Connor called this ‘extremely inflammatory’ in the days following September 11th and judged that the RCMP had ‘no basis’ for this assertion. The CP article reports that while he found that the RCMP did not aid or acquiesce in Arar’s removal, it ‘very likely’ supplied the information on which the US officials based their decision to remove him.

That finding in particular runs contrary to long held suspicions by some interveners in the proceedings including Alex Neve of Amnesty International Canada who were concerned about what they saw as a broader pattern of cooperation between Canadian, American and Syrian agencies to out-source intelligence extraction by torture. Specifically they cite a glaring lack of Syrian interests in the detention of Arar and fellow detainees Abdullah Al-Malki, Amahad El-Maadi and Muayyed Nureddin, and that the nature of the questions they say they were asked could only come from, or have been of interest to, Canadian intelligence officials.

For it’s part, the Toronto Star has reported that the RCMP has been preparing for the decision and is expected to say that the processes and standards have changed greatly since 2001 when Arar’s name was added to the watchlist. In anticipation of the report, federal lawyers announced that they would enter a two-day mediation for compensation in January.