Unfair Dealing

Last updated
Unfair Dealing
Produced by David Weingarten
Release date
  • 2008 (2008)
CountryCanada

Unfair Dealing is an independent 2008 documentary film produced by Canadian broadcaster David Weingarten. [1] The film was originally marketed to an online audience. [2] [3]

Contents

The film alleges that the terrorism charges brought against the "Toronto 18" were largely exaggerated or fabricated by the Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Service (CSIS) in order to justify the controversial Canadian Anti-Terrorism Act, and increased funding for security and law enforcement. [3] [4]

Areas of controversy

Suspicious timing/circumstances surrounding the arrests

The film refers to an article in Maclean's magazine, in which Muslim politician Wajid Khan tacitly admits that surveillance on at least one suspect was the result of him speaking out against Canada's role in the War in Afghanistan. [5] The film also scrutinizes the politically sensitive timing of the arrests, since they were carried out shortly before a Parliamentary Review of Canada's Anti-terrorism Act. [6] [7] Another issue raised in the film is the history of scandals surrounding the RCMP and previous dirty trick tactics, [8] [9] as well as their previous unsuccessful attempts to arrest large groups of Canadians under the guise of combating terrorism. [10] [11] The film examines the sensational media-coverage of the "Toronto 18", and strongly criticizes the roles and motivations of two informants involved in the case.

The informants

One police informant who assisted in the arrests is Mubin Shaikh. Shaikh was reportedly in charge of accompanying some of the accused on a camping trip, where they played paint-ball in a forest north of Toronto. [12] Shaikh has contradicted his claims that this camping trip was a terrorist training camp. [13] [14]

The other informant is in witness protection. In 2006, he was identified as an Egyptian in his 20s, with a degree in agricultural engineering. [15] According to the CBC, "the young mole's degree in agricultural engineering could have given the alleged conspirators access to much larger quantities of ammonium nitrate than they could have purchased at ordinary retail outlets." [15] Some critics say this fact could foreshadow the use of entrapment as a defense, since the informants actions facilitated the purchase of bomb-making materials that the suspects would have been otherwise unable to acquire. [16]

However, the courts found that both agents did not entrap the suspects.

Other controversies

Unfair Dealing raises the issue of abuse in the prisons where the remaining "Toronto 18" suspects are being held. [17] The film points to the fact that some suspects have been in solitary confinement for almost two years, [18] which is considered by some to be a form of cruel and unusual punishment. [19] [20] Another issue raised in the film is treatment of the prisoners, specifically Steven Vikash Chand, who the CBC reports was allegedly hit on the face, "then dragged... naked along a hallway by his hair and (thrown) into a bare cell smeared with feces and smelling of urine." [21] Unfair Dealing also casts suspicion on the proximity of an RCMP detachment to a warehouse where the suspects allegedly had bomb-making materials delivered, which is within 800 meters of the Toronto North RCMP Detachment in Newmarket, Ontario.

Accuracy

Since the release of Unfair Dealing, several claims in the film have been proven true through court proceedings. The informant Mubin Shaikh has admitted that the attendees of an alleged terrorist training camp North of Toronto were actually unaware of any terrorist plans to attack Canada, [22] as is alleged in the documentary. It has also been revealed through court proceedings that Shaikh purchased a rifle and ammunition for some of the accused at the behest of Zakaria Amara, and instructed some of them on how to use a handgun that was present during a winter camping trip at the instruction of Faheem Ahmad. [23]

The film's portrayal of informant Shaher Elsohemy as a financially motivated informant, whose participation was integral to the success of the bomb-plot, has also proven accurate. Notes from the Canadian Security Intelligence Service have confirmed that Elsohemy was motivated out of “money” and “spite”, citing an attempt by Elsohemy to defraud a previous employer for disability benefits. Court has also heard that Elsohemy was hired for the explicit purposes of enticing the suspects with his credentials in agricultural engineering, facilitating the purchase of bomb-ingredients, and providing a warehouse for the storage of bomb-making materials, confirming previous reports focused on in the documentary. [24]

Production team

David Weingarten is a Toronto-area broadcaster who has worked with CIUT-FM and CBC Radio One. [25] Adil Lakhani is the co-producer of Unfair Dealing. He is a radio-personality with CIUT-FM, and is originally from Mississauga. [25]

Related Research Articles

<span class="mw-page-title-main">Canadian Security Intelligence Service</span> Intelligence agency

The Canadian Security Intelligence Service is a foreign intelligence service and security agency of the federal government of Canada. It is responsible for gathering, processing, and analyzing national security information from around the world and conducting covert action within Canada and abroad. CSIS reports to the Minister of Public Safety, and is subject to review by the National Security and Intelligence Review Agency.

<span class="mw-page-title-main">Air India Flight 182</span> June 1985 aircraft bombing over the Atlantic Ocean near Ireland

Air India Flight 182 was a passenger flight operating on the Montreal–London–Delhi–Mumbai route, that on 23 June 1985, disintegrated over the Atlantic Ocean as a result of an explosion from a bomb planted by Canadian Sikh terrorists. It was operated using a Boeing 747-237B registered VT-EFO. The incident happened en route from Montreal to London at an altitude of 31,000 feet (9,400 m). The remnants of the aircraft fell into the sea approximately 190 kilometres off the coast of Ireland, killing all 329 people on board, including 268 Canadian citizens, 27 British citizens, and 24 Indian citizens. The bombing of Air India Flight 182 is the worst terrorist attack in Canadian history, the deadliest aviation incident in the history of Air India and was the world's deadliest act of aviation terrorism until the September 11 attacks in 2001. The mastermind behind the bombing was believed to be Inderjit Singh Reyat, a dual British-Canadian national, who pleaded guilty in 2003 and Talwinder Singh Parmar, a Canadian Sikh separatist leader, who was one of the key individuals associated with the militant group Babbar Khalsa.

Terrorism and mass attacks in Canada includes acts of terrorism, as well as mass shootings, vehicle-ramming attacks, mass stabbings, and other such acts committed in Canada that people may associate with terroristic tactics but have not been classified as terrorism by the Canadian legal system.

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Zakaria Amara is one of 17 people detained on June 2 and 3, 2006, in Toronto, Ontario, Canada, in the 2006 Toronto terrorism arrests. He was convicted for planning to launch terrorist attacks against targets in Southern Ontario and was believed to be one of the ringleaders. A dual Canadian-Jordanian citizen at the time of his arrest, Amara was stripped of his Canadian citizenship on September 26, 2015. However, on June 19, 2017, his Canadian citizenship was automatically restored following the passage of Bill C-6.

Fahim Ahmad is one of 11 people convicted in the 2006 Toronto terrorism case. He was a ringleader in the group. He was 21 years old at the time of arrest, and married with two children.

Abdul Qayyum Jamal is a Canadian janitor and school bus driver who was labelled the ringleader of an alleged terrorist plot in Toronto in June 2006 after a Canadian Member of Parliament reported his virulent criticism of Canadian troops in Afghanistan to police. He was held for nearly two years protesting his innocence before all charges against him were dropped.

Steven Vikash Chand is one of 17 people arrested in the 2006 Toronto terrorism arrests. He and his conspirators are alleged to have plotted coordinated bombing attacks against targets in southern Ontario.

Mohammed Ali Dirie was one of 17 people connected to arrests on June 2 and June 3, 2006, in the 2006 Toronto terrorism arrests. He was found guilty and sentenced to seven years in prison. He was released in October 2011, left Canada in 2012, and reportedly died in 2013 fighting in the Syrian Civil War, although his death has not been conclusively verified.

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Among the 18 arrests during the 2006 Toronto terrorism case were four youths whose names could not be published because of the provisions of Canada's Youth Criminal Justice Act. One of them had the charges against him dropped nine months after his arrest and two others have been released on bail.

<span class="mw-page-title-main">Mubin Shaikh</span>

Mubin Shaikh is a Canadian former security intelligence and counter terrorism operative, currently a Professor of Public Safety at Seneca College and also Counter Extremism Specialist for the U.S.-based NGO, Parents for Peace.

Mohammad Momin Khawaja is a Canadian found guilty of involvement in a plot to plant fertilizer bombs in the United Kingdom; while working as a software engineer under contract to the Foreign Affairs department in 2004 became the first person charged and found guilty under the Canadian Anti-Terrorism Act following the proof that he communicated with British Islamists plotting a bomb attack. On March 12, 2009, Khawaja was sentenced to 10.5 years in prison and was eligible for parole five years into the prison term. On December 17, 2010, Khawaja's sentence was increased to life imprisonment by the Ontario Court of Appeals.

Anser Farooq is a Canadian defence attorney based in Mississauga, Ontario, who gained notability defending suspects during the 2006 Ontario terrorism plot.

A prominent Egyptian-Canadian Muslim, Shaher Elsohemy was paid $4 million by the Royal Canadian Mounted Police for his role in infiltrating the alleged terrorist plot in the 2006 Toronto terrorism case; although some have claimed he acted as an agent provocateur, their claim failed in court.

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References

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