From: "Amina" <[EMAIL PROTECTED]>
Date: Mon, 17 Jan 2005 11:46:38 -0500
Subject: Letter opposing Joe Volpe's appointment as
Minister of Citizenship and Immigration
Please distribute widely.
Dear Prime Minister Martin,
We are law students completing our final year at the
University of Toronto, Faculty of Law. We currently
reside in the riding of Mr. Joe Volpe, who was
recently sworn in as the Minister of Citizenship and
Immigration. We are writing to you today to express
deep reservations regarding his appointment.
As you undoubtedly know, Canada welcomes well over
200,000 immigrants and refugees a year, from dozens of
different countries. In addition, Canada grants
hundreds of thousands visitor and work visas. These
newcomers – whether in Canada permanently or
temporarily – enrich Canadian society with their
differing cultures, religions and traditions.
Moreover, the Ministry of Citizenship and Immigration
plays a significant role in the continuation of
Canada’s long-standing tradition of granting asylum to
those who flee persecution in their countries of
origin. For this purpose, the Ministry has
established a complex administrative apparatus to
determine whether claimants are in fact bona fide
refugees. This administrative framework operates
through tribunals and adjudicative officers that apply
international law and policy in their decision-making.
Hence, any Minister of Citizenship and Immigration
requires a balanced and nuanced understanding of, and
respect for, international legal instruments and
institutions.
It is our opinion that Mr. Volpe lacks both of these
qualities. In this regard, we would like to bring
your attention to a proposal paper entitled “Canada
and the Middle East” (June 6, 2003) to which Mr. Volpe
and other members of your cabinet are signatories.
This document can be found online through Ms. Carolyn
Bennett’s official website and we urge you to review
it:
http://www.carolynbennett.com/dev/downloads/cdnpositiononmiddleeast.pdf.
In our opinion, this paper exudes the signatories’
deep contempt for, and misunderstanding of, accepted
principles of international law. While the Canadian
government has regularly condemned the loss of
civilian life in the Middle East conflict, whether
Palestinian or Israeli, this proposal paper suggests
that Canada should redefine its position of
‘proportionate response’ to permit Israel greater
discretion in its military operations. In particular,
the paper states that “the attacked party must
establish the proportionality of its own response,”
suggesting that the legality of a particular armed
action is to be determined not through international
legal standards but through the eyes of the
perpetrator. The Fourth Geneva Convention is clear
that attacks directed against civilian objects are
never justified under the doctrine of proportionality.
The definition of “proportionate response” put
forward in this paper would have justified Israel’s
August 2002 bombing of a crowded apartment complex in
Gaza City, the result of which was the death of 14
persons of whom 9 were children; it would also have
justified the razing of Jenin in April 2002 for the
purpose of rooting out militants. Such a perverse
interpretation of the doctrine of proportionality
should never become the rule in Canada’s international
policy.
A better view is that the killing of a civilian,
whatever the nationality, is and must always be
condemnable. It is clear that this is beyond the
comprehension of those who support this paper.
Furthermore, the paper suggests that Canada should
abstain from criticizing the actions of Israel – such
as its widely condemned settlement policy – merely
because Palestinian aggression is not sufficiently
condemned. It also asserts that UN General Assembly
resolutions against Israel are “one-sided” for they do
not provide “the other side of the story.” Mr. Volpe
and the other signatories should be reminded that no
atrocity can justify an atrocity in response. The tu
quoque principle that underlies this part of the paper
has been rejected repeatedly by numerous international
bodies including the ICJ, the ICTY and the ICTR. It
is our opinion that such an uninformed understanding
of international law has no place in a Ministry which
is called upon time and time again to interpret and
apply international legal instruments.
Finally, the authors of the paper fundamentally
misunderstand the nature and role of our international
institutions. The UN and its related bodies are
democratic institutions in which resolutions are
arrived at through majority vote. Unwillingness to
accept the UN as a functioning democratic body based
on a conspiracy theory that it has been hijacked by
“pro-Arab” forces, demonstrates a grave disdain for
the United Nations and its role in the international
arena. We would like to remind you that the
Ministry’s primary international working partner is
UNHCR, itself a UN institution, and it is our opinion
that the contempt demonstrated in this paper cannot
possibly be conducive to a productive working
relationship.
We are not suggesting that Members of Parliament be
prohibited from expressing their personal political
views. We are merely challenging the propriety of
this appointment. Even if the proposal paper
discussed above is portrayed in the most favourable
light, it is still hard to dismiss the fact that Mr.
Volpe’s support of it may give rise to an apprehension
of bias which could potentially undermine the
integrity of the entire Ministry. We do not believe
that the Liberal caucus is so starved of capable
persons that Mr. Volpe must be appointed to this very
important portfolio.
As citizens of the country which has entrusted you
with such an important office, we entreat you to
reconsider this appointment.
Respectfully yours,
Lucas Lung and Gleb Bazov
CC: Mr. Joe Volpe and other Liberal MP signatories to
“Canada and the Middle East” (Ms. C. Bennett, Ms. R.
Folco, Ms. M. Jennings, Ms. A. Neville and Mr. J.
Peterson); Mr. Jack Layton (NDP); Mr. Stephen Harper
(CPC); Mr. Gilles Duceppes (BQ); UNHCR (Canada); UNRWA
(Headquarters, Gaza City); Canadian Council for
Refugees; Editor, Globe and Mail; Editor, Toronto
Star.
#501 – 99 Marlee Avenue
Toronto, ON M6E 3B3
(416) 785-5034
[EMAIL PROTECTED]
[EMAIL PROTECTED]
=====
Visit or Join:
Niagara Palestinian Association http://groups.yahoo.com/group/niag_pal_news/
Niagara Coalition for Peace http://groups.yahoo.com/group/NC4P/
Howard-Azzeh Lawsuit http://www.caf.ca/caf.htm under What's New (Adobe)
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(Holy Quran-16:125)
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