Tuesday, December 13, 2011

Mahjoub Hearing, Tuesday, December 13, 2011


Today at Federal Court, 180 Queen St. W., Toronto, the witness was Canadian Border Services Agency (CBSA) agent ‘Alison’ who works out of the Toronto office and is directly in contact with Mr. Mahjoub (M.)whenever he seeks permissions related to his conditions. Three of us – the two film-makers and myself were there for parts of the day. There was also a mid-day two hour conference meeting with Judge Aalto regarding how progress is being made in separating the Ministers Counsel (MC) and Public Counsel (PC) documents that were ‘commingled’ last summer. One of the film-makers accompanied Mr. Mahjoub to the ‘conference’ with Judge Aalto.

The topics covered with the CBSA agent-Alison had to do with some CBSA allegations that Mr. Mahjoub has vilolated his bail conditions in about three different incidents. Public Counsel Paul Slansky also brought up some examples of CBSA not adhering to its conditions out of neglect of its duty or just incompetence.

The main issue for CBSA was the purchase by M. of a used laptop computer at a Goodwill store. He has asked for a computer to begin keeping his large number of court files on, instead of on the piles of paper they now exist on. M. is not allowed to connect with the internet so any computer would have to have its modem removed. M. bought the computer without knowing if it worked and then asked CBSA to take it to see if it worked and if the modem could be removed. Instead, CBSA has charged M. with violating his bail conditions by not getting permission first before purchasing. Public Counsel Paul Slansky tried to point out the M. had complied by informing CBSA right away about the computer and saying that he did not know how to use it nor had any access to an internet company (Since CBSA monitors M.’s phone and mail they would know immediately if he tried to make a contact). CBSA’s alleged non-compliances had to do with some mail being delivered directly to M. rather than being funneled through CBSA first which is supposed to happen. M. immediately informed his lawyers of this breach. The MC lawyer said that CBSA’s breach was just an innocent oversight while M.’s breach was a violation of his conditions. Mr. Slansky tried to show the hypocrisy of this approach by MC by calling it a ‘double standard’. There were other instances of what appears to be either lack of response or very delayed response by CBSA to M.’s request for them to come and inspect a package that had been delivered to him by his apartment superintendent – a carbon monoxide monitor. There was lengthy examination of the witness over these matters that I won’t go into further detail on.

Tomorrow, Wednesday, December 14, two witnesses are to appear, Doctor Payne, a psychiatrist who will testify about his recent examination (in June) of Mr. Mahjoub. The second witness is Murray Lumley who will testify about his observations of Mr. Mahjoub as he has acted as a supervisor on various outings with Mr. Mahjoub.

Please come out to hear these witnesses and support Mr. Mahjoub at Federal Court, 180 Queen St. W., 6th floor (near Osgoode subway station), Wednesday, December 14, 9:30 am.

*Additionally there are plans for a rally and news conference outside 180 Queen Street on Thursday, Dec. 15 at 8:30 am. Public attention to Mr. Mahjoub’s case can only speed up the day when he will be set free!

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