Professional Documents
Culture Documents
Michael Keefer
has shown no interest in interviewing or arresting this manfor the very good reason,
one might suppose, that he was acting under RCMP supervision. It is not yet known how
much his services may have cost, or what his relationship was to another man, identified
in court only as Talib, who also contributed to the frame-up. As Walkom notes, Talib
explained, in a conversation recorded by police, how his team of cocaine addicts used
stolen identities to defraud banks in small cities like Kitchener. He seems, like
Kifayatullah, to have enjoyed immunity from arrest: There is no record [...] of the
RCMP moving to shut down Talib's ongoing and apparently lucrative bank fraud
schemes.2
I also described in my article what I called the narrative framing of the case. The
motif of ANFO bombsa project that police agents furthered and almost certainly
originated as well3identified the accused as 'home-grown terrorists' in the manner of
Timothy McVeigh; while the motif of beheadingset into motion by a police synopsis of
accusations, and given added currency by the police mole Mubin Shaikhlinked the
accused with the barbaric 'terrorist international' of arch-beheader Abu Musab alZarqawi. This narrative framing gave shape to a nightmare sense of mortal danger
posed by men and boys who are at once 'home-grown' and at the same time terrifyingly
'other', since their deepest loyalty is supposedly to a barbaric radicalism that seeks to
transplant the violence of faraway countries into our own civic space.
A different kind of narrative framing is now at work in the timing of the
prosecutions: these cases are moving into court in conjunction with the trial in Ottawa of
Momin Khawaja, arrested four years ago on charged of having supplied bomb detonator
know-how to a UK terrorist cell. Five people have been convicted in Britain as members
of the cell Khawaja is accused of having assisted, and our government may be hoping for
synergy between Khawaja's case and the Toronto 18 trials: a conviction in the former
might be expected to make the Crown's arguments in the latter more persuasive.
However, another 'War on Terror' case involving a Canadian citizen has also
simultaneously been moving toward trial. The alleged child-soldier Omar Khadr, who has
been illegally detained in the US prison at Guantnamo since 2002, when he was fifteen,
and repeatedly tortured, will be on trial for his life this autumn before an illegally
2 Thomas Walkom, Two more odd characters join cast of terror trial, Toronto Star (21 June 2008),
http://www.thestar.com/printArticle/447094.
3 See Walkom, Two more odd characters: According to informer Mubin Shaikh, Kifayatullah was the
man who advised an alleged terrorist ringleader about the virtue of truck bombs. Indeed, Shaikh said
that it was from Kifayatullah that he first heard mention of ammonium nitrate, or fertilizer.
constituted Military Commission. This case has become a major scandal both in Canada
and internationally: our Supreme Court has ruled that CSIS agents and Foreign Affairs
officials who participated in interrogating Khadr at Guantnamo in 2003 were acting in a
manner contrary to Canada's binding international obligations,4 and the Harper
government's refusal to intervene on Khadr's behalf and repatriate him is a much more
serious violation of Canadian law and of Canadian treaty obligations under the UN
Convention Against Torture (Article 12) and the Geneva Conventions (III, Article 130,
and IV, Article 146).5
On August 8, 2008, Khadr's lawyers launched a lawsuit in the Federal Court of
Canada against Prime Minister Stephen Harper, Foreign Affairs Minister David Emerson,
CSIS Director Jim Judd and RCMP Commissioner William Elliott, asking a judge to
order the government to live up to its legal and treaty obligations and repatriate Khadr.
Harper's response was breathtaking in its moral obtuseness:
This predictable, said Kory Teneycke, the Prime Minister's
director of communications. It's an attempt by Mr. Khadr's
lawyers to avoid a trial on the charges of murder in violation of
the laws of the war, attempted murder in violation of the laws of
the war, conspiracy providing material support for terrorism and
spying.6
Setting aside the ignorance of Teneycke's repeated reference to the laws of the
war rather than the laws of war (it could possibly be a sub-editor at the National Post
rather than the PM's flack who thinks that each war has its own laws, and doesn't know
that there's just one set of international conventions that applies to all wars), this banal
repetition of the Gitmo charge sheet is an affront to civilized values. Canada's Prime
Minister is telling us, quite directly, that he regards a Military Commission kangaroocourt as legitimate, that he holds Canada's binding obligations under international law in
contempt, and that, above and beyond the laws governing appropriate treatment of
children accused of crimes, he fails to see how sheerly idiotic it is to accuse a fifteen4 Supreme Court of Canada, Canada (Justice) v. Khadr (28 May 2008); quoted by Lawyers Against the
War, Release and repatriation of Omar Khadr, Canadian citizen imprisoned in Guantnamo Bay
(Letter to Prime Minister Stephen Harper, Attorney General Robert Nicholson, Minister of Foreign
Affairs David Emerson, Minister of National Defence Peter MacKay, 30 July 2008), available at
www.lawyersagainstthewar.org.
5 For details, see Lawyers Against the War, Release and repatriation of Omar Khadr.
6 David Akin, Khadr sues Harper over repatriation, National Post (9 August 2008): A5.
society from both Church and state to imaginary demons in human form [...]. The clergy
and nobility emerged as the great protectors of mankind against an enemy who was
omnipresent but difficult to detect.7
Harris observed that in contrast to movements of protest, which gave the poor, if
only briefly, a sense of solidarity, dignity, and common purpose, the witch mania
dispersed and fragmented all the latent energies of protest. It demobilized the poor and
the dispossessed, [...] made everyone fearful, heightened everyone's insecurity, made
everyone feel helpless and dependent on the governing classes[...]. 8 It amounted to a
sixteenth-century form of 'false-flag' deception.
Early modern legal systems influenced by Roman law incorporated torture as a
standard means of acquiring evidence in criminal cases. But the witch-craze led to a
greatly expanded reliance upon torture, together with a general relaxation of standards of
evidence. Membership in the secret society of witches was defined by jurists as a crimen
exceptum, a crime so far removed from normal wickedness as to require a corresponding
extremism in the investigative and judicial responses to the threat. 9 Because Satan, the
central co-conspirator, was unavailable for questioning, and because the evidence of guilt
by association with him was, by definition, spectral in nature, torture became the
principal source of evidence. The result was a cascading proliferation of accusations. And
since rules of evidence were relaxed, few of the accused escaped conviction.
The analogies with the post-9/11 'War on Terror' are obvious enough. Once again,
by accident or design, a powerful movement of dissentin this case, the international
mobilization against neoliberal globalization that produced mass demonstrations in
Seattle, Qubec, Genoa and elsewhere between the late 1990s and 2001has been
stifled.10 And once again, the sense of agency and solidarity that fed organized opposition
7 Marvin Harris, Cows, Pigs, Wars and Witches: The Riddles of Culture (New York: Random House,
1974), pp. 237-38. Ken Couesbouc briefly noted the relevance of this book to the 'War on Terror' in
The New Witchcraft: Marvin Harris on the Roots of the War on Terror, CounterPunch (11 October
2006), http://www.counterpunch.org/kouesbouc10112006.html. For another approach to these issues,
see Robert Rapley, Witch Hunts: From Salem to Guantnamo Bay (Montral and Kingston: Queen'sMcGill University Press, 2007).
8 Harris, p. 239.
9 See Wolfgang Behringer, Witchcraft Persecutions in Bavaria: Popular Magic, Religious Zealotry and
Reasons of State in Early Modern Europe, trans. J. C. Grayson and David Lederer (Cambridge:
Cambridge University Press, 1997), pp. 215, 230-32, 312.
10 In late September 2001 the editor of The New Republic declared that if a planned protest against the
IMF and World Bank took place in Washington DC, the anti-globalization movement would, in the
eyes of the nation, have joined the terrorists in a united front; and US trade representative Robert
Zoellick identified 'intellectual connections' between al Qaeda and anti-globalization demonstrators
(Peter Beinart, Sidelines, The New Republic [24 September 2001]; quoted from Corey Robin, Fear:
At one key point, the analogies I have been pursuing break down. There never
was any such thing in early modern Europe as a conspiracy of witches; Satan, its
organizer, exists only in human imaginings; and the 'crimes' for which many thousands of
11
12
13
14
The History of a Political Idea [Oxford and New York: Oxford University Press, 2004], pp. 188-89.)
Corey Robin adds that Antiglobalization activists and intellectuals quickly felt the power of such
rhetoric: many, including the AFL-CIO, stayed away from the [Washington] protest, and the movement
has since fallen into abeyance (Fear, p. 188).
The term is from Emmanuel Todd, Aprs l'empire: Essai sur la dcomposition du systme amricain
(2002; 2nd ed. Paris: Gallimard, 2004), ch. 1: Le mythe du terrorisme universel.
See Naomi Wolf, The End of America: Letter of Warning to a Young Patriot (White River Junction,
Vermont: Chelsea Green Publishing, 2007); and Sherwood Ross, Is America Fascist? Scoop
Independent News (10 August 2008), http://www.scoop.co.nz/stories/HL0808/S00119.htm.
See Margreta de Grazia, Sanctioning Voice: Quotation Marks, the Abolition of Torture, and the Fifth
Amendment, in Martha Woodmansee and Peter Jaszi, eds., The Construction of Authorship (Durham:
Duke University Press, 1994), pp. 281-302.
Ian MacLeod, Judge allows hearsay evidence in Khawaja trial, National Post (24 July 2008).
people died never happened. In contrast, the terrorist atrocities of 9/11, and of the
bombings in Bali, Madrid, and London, were very real indeed.
But although the crimes of 9/11 are horrifyingly real, and although Islamist
extremists with an appetite for unconstrained violence do exist, we know the official
narratives about 9/11 to be systematically false. The evidence we have is unequivocal: the
attacks can only have been organized by groups within the state apparatus. Given the
consequences for the democratic rule of law, it is all the more important to establish,
through further patient and scrupulous research, a public understanding of the actual
sequence of events that will be as wide and deep as possible.
Under the regency of George W. Bush, the American state appears to have
adopted a theory of governance, most definitively propounded by the Nazi jurist Carl
Schmitt, according to which the defining characteristic of sovereign power is ts selfexemption from the laws it applies to its subjects.15 Schmitt's doctrine of a sovereign
exemption stands in direct opposition to democracy; it also symmetrically complements
the witch-hunt doctrine of the crimen exceptum. The state declares certain crimes so
appalling that anyone accused of them is denied the normal protections of the lawwhile
on the other hand, the people who punish such crimes are exempted from obedience to
the laws they administer and enforce.
Canadians need to ensure that in this country no-one is denied the full protection
under democratic jurisprudenceof our Charter of Rights and Freedoms. That means
repealing the 'Terror Laws' passed by a panicked Parliament in the wake of the 9/11
attacks.16 At the same time we should ensure that the RCMP and CSIS do not quietly
grant themselves a sovereign exemption from any inquiry into the means by which they
fabricated the demonizing fantasies of the Toronto 18 case.
15 For an account of Schmitt's theory, see Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life,
trans. Daniel Heller-Roazen (Stanford: Stanford University Press, 1998), pp. 15-29.
16 See Kent Roach, September 11: Consequences for Canada (Toronto: University of Toronto Press,
2003).