Canadian Lawyer

30 J A N U A R Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m state security chamber of the Federal Supreme Court. At that time, Champ travelled to Abu Dhabi, where he met with the Canadian ambassador and the consular officials, as well as with Alaradi's local lawyer. "I attempted to attend the court hearing, but the prosecutor ultimately barred me, and even family members, from the proceedings." (Canada's ambas- sador and a consular official were allowed to attend.) Champ returned to Ottawa, but he continued to communi- cate with the UAE lawyer. "I wanted the Canadian government to be informed of the lack of access to counsel that Mr. Alaradi was experiencing. After being charged, he was allowed to meet with his counsel only twice." When a court order required that Alaradi be examined by a doctor, Champ pushed for the embassy and the local lawyer to request an independent physician. "At the end of the day, the UAE authorities disregarded all our requests and sent him to their own doctor." Champ had to tread carefully with the UAE lawyer. He was "immensely respectful of his status as the expert" on the Emirates' legal process. In all their communications, Champ had to be alert to the likelihood that they were being moni- tored by the authorities. "Many Emirati lawyers who had worked on political cases had themselves been subsequently arrested. So there were very few lawyers who would even consider taking up this case. I had to be very respectful of his own safety." The terrorism-related charges against Alaradi were dropped in March 2016. He was then charged with the lesser offence of collecting donations without permission of the appropriate ministry and sending them to a foreign country. The UAE Supreme Court ruled last May 30 that the evi- dence did not meet the charge and acquitted him. Alaradi was allowed to leave the country two days later. A Canadian lawyer, says Champ, has to develop a political strategy as well as a legal strategy when a client is detained in an authoritarian state. That includes striking a "fine balance" between asserting his client's rights to Foreign Affairs and recognizing that the department's officials operate with wide discretion in those matters. "If you become too belligerent with Foreign Affairs, they can just disengage. Often, those consular officers are the only lifeline that you have to your client." He says he maintained a positive relationship with the Canadian diplomats posted to the UAE. Champ also advises reaching out to the foreign govern- ment's diplomats in Canada as early as possible. "You want to give them the sense that this is an individual who does have representation, who is prepared to make the case a political case perhaps. But you have to be tremendously respectful of those diplomats, even more so than of Cana- dian officials. You have to observe the diplomatic niceties." (He declines to discuss any contact with the UAE's ambas- sador to Ottawa.) Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 © 2016 Thomson Reuters Canada Limited 00234MU-A84619-CM Aboriginal Law: Supreme Court of Canada Decisions By Thomas Isaac Thomas Isaac's Aboriginal Law is now in its fi fth edition. This classic volume has been the go-to source for insight into this complex area, marked by its focus on the duty to consult, and informed by years of experience practising Aboriginal law. Now, the author makes your research even easier, with Aboriginal Law: Supreme Court of Canada Decisions. Mr. Isaac has carefully selected the most important cases referenced in the original volume, and introduced the full text with a brief, informed summary. In one convenient resource, you have every leading Supreme Court of Canada decision dealing with Section 35 and Aboriginal and Treaty Rights – in an intuitive format that follows Aboriginal Law's chapter headings. Order today, risk-free, and slash hours from your research on any case involving contested land, lands involving treaty rights or any other Aboriginal law issue. Get 61 key cases, up to and including the recent Daniels decision on whether Métis and non-status Indians are "Indians" under the Constitution Act. Order # 77987332-65203 $65 Softcover approx. 760 pages October 2016 978-0-7798-7332-6 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Introducing an essential new tool for anyone dealing with Aboriginal Law

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