Paul Copeland C.M. (born February 19, 1940) is a retired [1] Toronto-based human rights lawyer, who is widely known as the defence attorney of security certificate detainee Mohamed Harkat, and an avid supporter of legal aid. [2]
Copeland co-founded the Law Union of Ontario in 1974 and was the Vice-President of the Criminal Lawyers' Association from 1985 to 1991 and was for several years the co-president of the Association in Defence of the Wrongly Convicted until the fall of 2008. He was elected a Bencher of the Law Society of Upper Canada from 1990 to 2007, [2] and was then made a life bencher of the society. He has been a retired life bencher since 2022. [3] He has served as vice-chair of its Legal Aid Committee and as chair of its Equity and Aboriginal Issues Committee. He has been a leader of the Canadian Campaign for Free Burma. [4]
In June 2006 he argued in the Supreme Court of Canada on behalf of Mohamed Harkat that the security certificate procedure under the Immigration and Refugee Protection Act violated the fundamental justice provisions of Section 7 of the Canadian Charter of Rights and Freedoms . In February 2007 the Supreme Court of Canada unanimously agreed with that argument and held that the procedure violated fundamental justice. [5]
In February 2008 he was granted Top Secret National Security clearance. In June 2008 he was appointed as a special advocate for Mohamed Harkat and for Hassan Almrei in the security certificate proceedings against them. The security certificate in regard to Mr. Almrei was found to be unreasonable by Justice Mosley on December 14, 2010. [6] The Security Certificate against Mohamed Harkat was found to be reasonable in December 2010.
R v Morgentaler, [1988] 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated women's rights under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of the person. Since this ruling, there have been no criminal laws regulating abortion in Canada.
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
In Canada, a security certificate is a legal mechanism by which the Canadian government can detain and deport permanent residents and all other non-citizens living in Canada.
Adil Charkaoui is an imam Morocco-born Canadian citizen who was arrested by the Canadian government under a security certificate in May 2003.
Mohamed Harkat is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Canadian Security Intelligence Service (CSIS) alleged that he entered the country as a sleeper agent for al-Qaeda.
Rodriguez v British Columbia (AG), [1993] 3 SCR 519 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by a terminally ill woman, Sue Rodriguez. In a 5–4 decision, the Court upheld the provision in the Criminal Code.
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore unconstitutional under section 15 of the Canadian Charter of Rights and Freedoms.
Mahmoud Es-Sayyid Jaballah is an Egyptian who has been detained in Canada without charge on a "security certificate" since August 2001 due to his association with members of al-Jihad. He has consistently asserted that he does not believe in violence, and just because he phones or visits people, does not mean that he shares their beliefs.
Section 9 of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states:
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Charkaoui v Canada (Minister of Citizenship and Immigration), 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate. The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the right to liberty and habeas corpus under section 7, 9 and 10 of the Canadian Charter. The Court however rejected the appellant arguments that the extension of detentions violated the right against indefinite detention, that the differential treatment violated equality rights, and that the detention violated the rule of law. As remedy, the Court declared the "judicial confirmation of certificates and review of detention" to be of no force and effect, striking down articles 33 and 77 to 85 of the Immigration and Refugee Protection Act, but suspended the ruling for one year.
Allan McEachern, BA, LL.B, LL.D was a Canadian lawyer, a judge, and a Chancellor of the University of British Columbia.
The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada.
Aly Hindy is the Imam of the Salaheddin Islamic Centre in Toronto, Ontario, Canada once called "Toronto's million-dollar radical mosque” by the National Post.
Legal Aid Ontario (LAO) is a publicly funded and publicly accountable non-profit corporation, responsible for administering the legal aid program in the province of Ontario, Canada. Through a toll-free number and multiple in-person locations such as courthouse offices, duty counsel and community legal clinics, the organization provides more than one million assists to low-income Ontario residents each year.
Hersch Harry Kopyto is a Canadian political activist and commentator who is best known for his legal career in which he often crusaded on behalf of underdogs and for his frequent conflicts with the legal establishment. Disbarred as a lawyer in 1989, he continued to practise as a paralegal until 2015 and worked as an unlicensed legal advocate and researcher until barred, in 2020, from conducting any legal work.
Barbara Louise Jackman is a Canadian lawyer specializing in immigration and refugee law, with particular emphasis on cases involving domestic violence and international human rights issues, torture and other cruel or unusual punishment, allegations of membership in and/or support of terrorist organizations, the rights and protections afforded by the Canadian Charter of Rights and Freedoms, and Canada's responsibilities under international treaties. She has been described as being one of Canada's most effective advocates for immigration and refugee rights.
Joseph Groia is a Canadian lawyer specializing in securities litigation. He has been ranked as one of Canada's 500 Leading Lawyers (Lexpert) since 2000 and is consistently rated as one of Canada's top securities litigators by the same publication. He has worked on many of Canada's leading securities cases, including Asbestos Corp., Bre-X Minerals Ltd., Canadian Tire, Cinar Corporation, Hollinger, Torstar/Southam, Philip Services and YBM.
Robert Patrick Armstrong is a Canadian lawyer and retired judge. He served on the Court of Appeal for Ontario from 2002 until his retirement in 2013. Before serving on the bench, Armstrong was a partner at Torys and was lead counsel in the Dubin Inquiry on steroid use in Canadian sports. After leaving the bench, Armstrong joined Arbitration Place, a Canadian group specializing in alternative dispute resolution.
Philip Michael Epstein is a Canadian family law lawyer.
Renu Mandhane is a Canadian jurist and lawyer who was appointed a judge of the Ontario Superior Court of Justice (Brampton) on May 22, 2020.