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To combat Islamophobia - A Canadian Muslim Legal Aid Council is needed
12-04-2017
“The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” Louis D. Brandeis, US Supreme Court Justice.
In any civil democratic society, an accused is deemed innocent, until proven guilty. Every citizen within that civil democratic society, enjoys an absolute freedom of speech and expression. Unfortunately, in many of the western nations, including Canada, there seems to be an exception to this well-established legal premise, and human rights exercise, if the accused happens to be a Muslim or a Muslim organization.
In Canada, there certainly seems to be a rise in characterizing Muslims, especially Muslim leaders, and organizations, often maliciously with misleading, false, and baseless accusation through a media trial. Leaving the victim to fend for himself. This often proves an impossible task, due to lack of financial resources required to launch a legal defence against such malicious accusations. Thus, rendering the individual or an organization, in the eyes of the public as guilty as charged. This needs to change, otherwise it is just a matter of time, when Muslim leaders, organizations, advocacy groups are silenced, fearing reprisal through a media trial.
There is a growing need for Canadian Muslims, to have appropriately funded legal representation. Especially Muslim leaders and organizations that are often being trapped in a corner, with false and misleading accusations that are too costly to challenge through the legal system.
Muslims in Canada seriously need to pool their resources to combat, to protect their rights enjoyed by all Canadians.
There is an immediate need for Canadian Muslims to establish an advocacy group to manage a legal defence fund, to defend Muslims, Muslim leaders, and organization that are being maliciously accused of wrongdoing or acting in manner which could be deemed as threat to Canada, or Canadians.
Certainly, this is not a unique concept. Muslims in other western countries, such as United States, and United Kingdom, where Muslims felt that they were being wrongfully targeted, and where fellow Muslims were being trapped in legal limbo, which they could not afford or finance, have gone ahead and established such groups that cater to the needs of Muslims needing legal defence.
One of the best example of such organization is Muslim Legal Fund of America (MLFA). Their mission, “To defend constitution rights for Muslims in America,” and their vision encompasses, “An America where Muslims are treated as equals under the law in all aspects of life.”
Constitutional Law Center for Muslims in America, (CLCMA) is another such organization in U.S. assisting American Muslims requiring legal assistance in areas of civil rights litigation, criminal defence, immigration, non-profit assistance, FBI interviews, Habeas Corpus, and training.
CLCMA is at the forefront of “Challenging governmental security measures affecting Muslim communities, which encroach upon the constitutional liberties guaranteed to all,” and “Protecting the rights of Muslim individuals and organizations in the United States to exercise their constitutionally and statutorily protected rights to worship.”
“CLCMA achieves these missions by providing pro bono legal representation in federal courts and administrative proceedings for qualified individuals and organizations where the representation is in the interest of the Muslim community.”
Similarly, in United Kingdom, Islamic Human Rights Commission (IHRC) in July 2015, introduced a Legal Defence Fund to support those interested in pursuing their legal rights. The fund is the first of its kind to be set up by a Muslim charity in the UK and will be used to support IHRC Legal clients in paying for some of the costs incurred when pursuing employment and discrimination cases. Costs covered will include: - Professional legal fees, Tribunal fees, and Disbursements including barrister fees.
As Canadian Muslims we have an obligation to uphold the constitution, and the constitutional rights of all fellow Canadians. Our responsibility doubles when the rights of a fellow Canadian being violated happens to be someone we know, someone from within our community.
The issue remains who will take the lead in organizing such grand effort.
The only practical solution to this would be for all organizations, to come together and devote their resources. This is indeed a tall order to organize such group on a national level in country as “far and wide” as Canada.
However, it should not discourage us here in BC to organize such a group on a provincial basis. It would require all local Muslim organizations to first come together and brainstorm on how to establish such an organization. It would also require pooling resources together, and bringing them on a single platform to agree upon important issue.
This could all be achieved if there is willingness among leaders of various Muslim organizations to commit themselves and their respective organization to work together to benefit the Muslim individuals and Muslim organizations, in BC facing unjust legal dilemmas, or being cornered in a legal conundrum.
Which organization, association, or an individual will take the lead. This is yet to be seen. However establishing such an organization is a need of the community.
Our job as individuals is to support any efforts, which would lead to the betterment of our community in general, and encourage those who are trying to unite the Ummah to counter the rising Islamophobia through different tactics.
The injustice against Muslims today will be an injustice against all tomorrow. We are all in it together.
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