Muslims Habitually Judged guilty Before Trial

As a member of London's medical and Muslim communities, I was surprised to read the news that Dr. Khurram Sher was arrested Thursday along with two others, accused in a terrorism-related plot.

I was also surprised -- and became increasingly concerned -- as more information was published regarding the allegations. Our system of justice is built on the zealous presumption of innocence, yet this man and the Muslim community around him have already been judged. In the absence of evidence, Sher is being tried in the court of public opinion.

Public Safety Minister Vic Toews' spokesperson already found Sher guilty in comments to The Toronto Star. Even The London Free Press's headline of Byron terror bust left little room for the presumption of innocence. The effects are chilling for all, and leave Muslims and non-Muslims feeling tense and unsafe in the rush to accept arrests as guilty verdicts.

It is the same disturbing pattern we saw with the Toronto 18, even as the numbers dwindled and charges were stayed.

It shouldn't need saying that most Muslim Canadians are law-abiding citizens who abhor violence and terrorism, and are committed to the safety of their communities. Yet we find ourselves as one of the only communities in Canada compelled to write public statements when members of our community are alleged to have done something.

When we do speak up, we are expected only to assert our "Canadian-ness," rather than raise serious questions about due process and intelligence agencies with poor human rights records -- questions shared by many Canadians and sorely in need of addressing.

Early reports in this case indicate that information may have come from intelligence agencies in Pakistan and Afghanistan, both of which are notorious for their use of torture. CSIS still refuses to repudiate the unethical use of information that is derived from torture. This unreliable and uncorroborated information is seldom scrutinized properly, as it is used as secret evidence in secret hearings.

Federal courts and even the Supreme Court of Canada have found CSIS and the RCMP complicit in the unjustified maligning of the names -- and subsequent torture of -- Canadian citizens, including Maher Arar. They were eventually proven innocent, but only after paying a heavy price for the false accusations.

The onus is on the intelligence service to prove that the ill-named "Operation Samosa" breaks with this long tradition of sloppy detective work. The only thing Sher is plainly guilty of at this point is singing off-key, for which evidence is readily open and available to all. On any other charges, should they come, we must demand open evidence, just proceedings and a fair hearing in court and in the media.

Tarek Loubani is a physician working in London.

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