“Your Client has a Profile:” Race and National Security in Canada After 9/11

Abstract

I discuss the case of Hassan Almrei, one of the five Arab men detained as suspects who have the potential to engage in terrorism. Hassan Almrei's detention arises out of a section of the Immigration and Refugee Protection Act of Canada that authorizes security certificates. A security certificate permits the detention and expulsion of non-citizens who are considered to be a threat to national security. Detainees have no opportunity to be heard before a certificate is issued and a designated judge of the Federal Court reviews most of the government's case against the detainee in a secret hearing at which neither the detainee nor his counsel is present. The detainee receives only a summary of the evidence against him. I discuss this legal situation as a state of exception that is part of a legal structure in which non-citizens have fewer rights than do citizens. Two conceptual tools shape my understanding of security certificates and their use in the “war on terror”: race thinking and the state of exception. The five detainees are more than simply victims of racial profiling. Their Arab origins, and the life history that mostly Arab Muslim men have had, operate to mark them as individuals likely to commit terrorist acts, people whose propensity for violence is indicated by their origins. When race thinking, the belief in the division of humanity into those prone to violence and those who are not according to racial descent, is accompanied by the idea that there must be two different, hierarchical legal regimes for each, and when we begin to grow accustomed to places without law and to people to whom the rule of law does not apply, we enter the terrifying world of the colonies and the concentration camp. This article examines how a space where law is suspended operates in the “war on terror” and it attends to the work that ideas about race do in the environment of the exception.

Citation

Razack, S.H. (2007), "“Your Client has a Profile:” Race and National Security in Canada After 9/11", Sarat, A. (Ed.) Studies in Law, Politics and Society (Studies in Law, Politics, and Society, Vol. 40), Emerald Group Publishing Limited, Leeds, pp. 3-40. https://doi.org/10.1016/S1059-4337(06)40001-6