(if applicable: SaaeaaReAC TION) cour Fite no. | ~II4)-12 FEDERAL COURT BETWEEN: Raashion Alangant Kanena [ba wal Heda and Fhe Biwislur of ki GoURT COUR FEDERALE L SUN 12 2018 a Breeze moO CMO EDMONTON, AB. Public. Safely Crada Conthe Welatt of +e Cuedionn Securtty Dak\ligore Service) STATEMENT OF CLAIM TO THE DEFENDANT: ALEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 1718 prescribed by the Federal Courts Rules and serve it on the plaintiffs solicitor or, where the plaintiff does not have a solicitor, serve it on the plaintiff, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada. Ifyou are served in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is sixty days. Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office. IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you.\ June (Date) Registry Officer Issued bys“ Z Address of local office: (Address of court registry office where document Scotia Place, is issued) looGo Tasper Ayenwe TSS RS 1, Suite 538 ewowton A \ oer ia TO: (Name and address of each defendant) The Public Sakly of Canada Regional OFRce The Baker Centre Building 10025 - loG Street Seite Low, Edmonton, AB 155 164 Devertment of Suske. Prairie Qegton loyars Loy Street Bcd Floor, Egcor Tower Beton, A\erta, TSH O€4 Ph: q8o-u4 as -298SCLAIM 1. The plaintiff claims: (State here the precise relief claimed.) (In consecutively numbered paragraphs, set out each allegation of material fact relied on to substantiate the claim.) See adieched “ Schedble ARELIEF SOUGHT Scheie A 1. The Plaintiffs, Hashim Atangana Kamena and Gamal Mohamed claim: (a) A declaration that the defendant referred to as Public Safety Canada on the behalf of the Canadian Security Intelligence Service or “CSIS" was in breach of abuse of authority, harassment, humiliation, violation of rights and damages to the plaintiff's lives. (b)a Declaration that CSIS has breached the plaintiff's rights under the Canadian Charter of Rights and Freedom,("Charter’) Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982(U.K.), 1982 especially with respect to ss.6.(1) “Every citizen of Canada has the right to enter, remain in and leave Canada" and 16 "7. Everyone has the right to life, liberty, and security of the person and the Right not to be deprived thereof except in accordance with the principles of Fundamental justice” of the Charter. (c)a declaration that CSIS is liable to the plaintiffs for the damages caused by its breach of abuse of power, harassment, human rights violation, humiliation and damages to the plaintiff's lives (a) Non-pecuniary general damages from CSIS's breach of contractual, constitutional, statutory and common law duties in the amount of $5,000,000. (e) Pecuniary damages from CSIS's breach of statutory, constitutional and common law duties in the amount of $1,000,000 Special damages in an amount to be determined, including future and anticipated medical and out of pockets expenses. THE PARTIES THE PLAINTIFFS: 2, Hashim Atangana Kamena is a Bench Operator. He resides in Scarborough, ‘Ontario, Canada 3. Gamal Mohamed is a City of Edmonton bus Operator. He resides in Edmonton, Alberta, CanadaThe Defendant Public Safety Canada (French: Sécurité Publique Canada), formerly known as Public Safety and Emergency Preparedness Canada (PSEPC), legally incorporated as the Department of Public Safety and Emergency Preparedness, is the department of the federal government of Canada with responsibility for protecting Canadians and helping to maintain a peaceful and safe society. On the behalf of CSIS is an associated agency of the government of Canada engaged in investigative activities suspected of constituting threats to the security of Canada. OVERVIEW 4, The plaintiff #1 Hashim Atangana Kamena Haashim Atangana Kamena was born in Montreal, Quebec,Canada and raised in Toronto,Ontario,Canada. He has been a dedicated, hard-working individual who currently works as a Bench Operator for a company called mansteel rebar which is located in Richmond Hill, Ontario. He has never been charged with terrorism and was recently given a record suspension for being a law-abiding citizen in 2017. Despite his family was harassed on a few occasion by CSIS Agents in Which resulted in emotional distress due to a divorce that took place in his life. Constant CSIS harassment led to the divorce of Haashim's marriage to his wife Mariam Hassanle. The couple has 2 Children. He was harassed on the basis of race and religion. He is a Muslim. He was unable to fly to his ancestral land of Cameroon in 2016 as he was put on a U.S.No Fly list. He lost money due to the fact that he was not able to fly to Cameroon. He also lost money on getting the visa as he had to pay to get the visa, He was never refunded by the Cameroonian embassy. By not been able to go to Cameroon he had lost the opportunity to visit his long-lost relatives in Africa, This was an act of abuse of authority for CSIS Agents for having to contact their American counterparts and put Haashim on the No-fly list.5, The plaintiff #2 Gamal Mohamed Gamal Mohamed was born and raised in Montreal, Quebec Canada and has been a hard-working young man who currently works as a Transit Bus Operator for the City of Edmonton, He has never been charged with terrorism. As a law abiding citizen, Gamal Mohamed do not have any criminal record and he is not associated with any terrorist or criminal organization. On December the 10th 2017 and January the 13th 2018 he was also unable to fly to Las Vegas and Dubai as his name was added on a U.S No Fly list. He lost money due to the fact he was not able to fly overseas. He lost vacation time from his employer as well and he also lost money for the expense for his accommodation, foods, car rental and a return ticket to Edmonton. This was an act of abuse of authority from csis. The experience of the plai Haashim Haashim’s background 6, Haashim Atangana Kamena is a Muslim preacher who usually advocates religion to better people's lives. He used to stand in the comers of Yonge and Dundas in the city of Toronto by giving out free pamphlets and free Qurans to Toronto citizens. He made the first page on the Toronto Sun in July 2012 for writing a letter to the Toronto Sun by stating that women who dress provocatively get sexually assaulted because of the way they dress. He attended York University to obtain a bachelor's degree in English but he could not continue because of emotional distress and depression that he was experiencing because of the continuous CSIS visits and harassment that he and his ex-wife were going through at the time were getting because of his preaching, Gamal’s background7. Gamal Mohamed is a practicing Muslim. In December 2013, Gamal Mohamed was offered an employment opportunity at the Montréal-Pierre Elliott Trudeau International Airport. His employer at that time was Vinci Park Canada. To be eligible to work for them Gamal Mohamed had to pass a security background check clearance and he had to write a test from Transport Canada to obtain clearance at the airport. Gamal Mohamed passed the test and was granted a yellow card for the first 3 weeks and later on was granted the red card. The red card gave access to most restricted area at the airport (departure and arrival). Gamal Mohamed had never used this privilege given to him to commit a crime or plot an attack. On the 14th of February 2014, Gamal Mohamed decided to leave his hometown of Montreal and decided to take up residence in Edmonton, Alberta to gain a livelihood. The harassment Complaint 8. Haashim’s ex-wife Mariam Hassanle was being contacted by CSIS Agents between the years of 2013 and 2016 and she was at first scared when she was first contacted by them because she had no idea who she was dealing with. She had agreed eventually to go and have conversation with them and they had agreed to go and speak at a coffee shop. And while they we speaking they began asking her questions about Haashim's involvement in religious dialogues. They were trying to scare her and asking her if he was involved in any Islamic jihadist groups in Canada and abroad. She had told them that all he does was speaking loudly about the current issues of the Muslims and then he was just speaking that was all She mentioned that she was followed constantly by CSIS agents and had no idea what to do about this and she was became to feel very uncomfortable about that situation. Because of that experience that she had endured with CSIS interviews, her marriage relationship with Haashim became to deteriorate. She became frightened that he might be up to something. CSIS agents had begun to put fear into her into 4believing that Hashim may have been up to something while they were asking her questions. As weeks went by Mariam did not feel in staying in a marriage relationship anymore with Hashim and they began to separate themselves and eventually went into a divorce. This led to depression and emotional distress for Haashim as he could not continue with his studies at York University. He eventually went to workin Alberta in 2016 in trying to change his life .Near the end of 2016 he received a phone call by a CSIS Agent named Fatima who was constantly calling him and harassing him and wanted to meet up with him. He had agreed to meet up with her at a Jack Astor's close to Kingsway Mall in the city of Edmonton. As he began talking to her, she began asking him if he agreed with ISIS's ideology and beliefs and when he said that he did not believe in their ideology and beliefs she began saying "Come on please do not lie to me ,are you kidding me?" As if Hashim was not telling the truth and lying about not agreeing with ISIS ideology and beliefs. She keep on asking about his involvement with the website and You Tube ‘Channel called "Muslim Support Network" and he told her that he was only promoting Islam with the website and You Tube channel. Haashim believes that he is a victim of bill -51 98, Gamal Mohamed's nightmare started back in 2014. His parents had 2 agents coming twice to their house to ask about Gamal Mohamed's whereabouts and location. Gamal Mohamed starts receiving calls from CSIS and the RCMP and a visit from the Edmonton Police Service. He agreed to meet with CSIS as Gamal Mohamed doesn't have anything to hide and Gamal Mohamed thought it would be a friendly conversation which turns out not to be one. Gamal Mohamed was asked a few personal questions, concerning his family and friends back in Montreal. Gamal Mohamed was upset at that time as he felt pressured to answer questions. Gamal Mohamed did his utmost best by answering all the questions with dignity and honesty. The plaintiff accepted a meeting with the RCMP at the Edmonton regional office on 109 street and Kingsway. Gamal Mohamed was asked personal questions concerning his family and friends back in Montreal. During the interrogation, Gamal was honest and gives accurate answers to the RCMP agent. The Edmonton Police Service visit was also full of personal questions about the Plaintiff's friends and family back in Montreal. Gamal believes that he is a victim of bill c-81 The Abuse of Authority Complaint 10. In August 2016, Hashim had decided to go to his ancestral land of Cameroon and had purchased a plane ticket with Royal Air Maroc. He went to Montreal and was supposed to depart from Pierre-Elliott Trudeau International Airport. When he was about to board the plane, he was told that he was not able to leave because he was put on an American No-Fly list and the desk attendant told him that he had to contact TSA(Transportation Safety Authority) in order to resolve the matter. Haashim was so heartbroken and hurt that he would not be able to fly 5and meet his long lost relatives back in Cameroon. In the meantime, he had called the RCMP and was told to go and speak about his situation to a man named Salvatore. He explained his situation to the investigative officer and was told to just contact the TSA. Haashim believes that CSIS. shared his profile information to their American counterparts which prevented him from leaving Canada. He was told by TSA that he was not allowed to fly in the US Airspace until he applies for his name to be removed from the list by getting confirmation from the US Homeland and to get a redress control number. Haashim believes that he was put on the list simply because he is a Muslim who does Islamic awareness in the streets of Toronto and that because he was never charged with any type of terrorism and that it was never proven that he had intended to go overseas to commit crimes, Haashim believes CSIS abuse their authority by sharing his profile information with their U.S. counterpart to prevent him from leaving Canada. 14 August 2017, Gamal Mohamed applied for a 10 year passport renewal and on September 2017 he received his brand new passport. In December the 10th 2017, Gamal had decided to go to Las Vegas during his ‘earned vacation. He tried to check-in online but was not going through. He had tried to contact WestJet airline numerous amount of times to figure out what was the issue. On the 4th call, the customer service representative said to the plaintiff "there is a Security message under your name and you need to call the U.S consulate per Homeland Security”, Gamal Mohamed was surprised and decided to call the Custom Border Protection at the Edmonton International Airport. He was told over the phone by the CBP Agent Ryan” Gamal Mohamed you need to apply for a visa on your case” “for security reasons, you cannot travel to the USA until your name is cleared”. Gamal Mohamed does not require a visa to go to the US because he is a Canadian citizen, Fortunately Gamal Mohamed received an airline credit from WestJet. On January 13th 2018 was the worst day. Gamal Mohamed decided to go to Dubai during his earned vacation and from Dubai he had a flight ticket to travel to Saudi Arabia more specifically to Makkah to perform his Umrah religious duty. He was granted a Saudi visa from the Saudi embassy in Ottawa. On that day Gamal Mohamed was travelling from Edmonton to Dubai. Air China was the main airline but Air Canada was the domestic flight. Gamal got a boarding pass to travel to Vancouver and from Vancouver to Beijing in China. At his arrival in Vancouver, he had a 4 hours layover. An hour before his connection to fly to Beijing, Gamal was approached by 2 Canada Border Services Agency agents. They ask the Plaintiff to follow them into an interrogation room. Due to being stressed out and depressed about the situation, Gamal Mohamed was unable to take the 2 agents names. Gamal Mchamed was asked personal question and | quote” Where are you going? Do you have family in Dubai or in Saudi Arabia? How long are you staying there? Why are you going there?” Gamal felt threatened, belittle and humiliated with all those personal questions. They searched into Gamal's 6belongings, including his luggage, laptop and cameras. After the search and questions Gamal was authorized to go back to Air China front desk until they said to him” You cannot travel because the USA put your name into a security list”. Gamal was heartbroken. He was promised a return trip per CBSA agents to Edmonton but nothing at all. Gamal had to buy his own retum ticket to Edmonton. On his return back to Edmonton International Airport on January 16th 2018, Gamal Mohamed was greeted by 2 RCMP agents at the arrivals. Constable Peter Verge and Cpl. Joanna Patry both members with the Integrated National Security Enforcement Team. They were wondering why was he was denied boarding, however, the Plaintiff believe they knew the answer to this, question and they also offered Gamal Mohamed the redress form application to clear his name with the US Homeland security which | took this matter very personal. Major Steps in seeking help 12, Haashim wrote a complaint to the Director of CSIS to complain about the problems that he was having with CSIS and they had never had responded back to him after 30 days. He also wrote to SIRC and he never had a reply from them either within the 30 days. He also went to seek help from his doctor who recommended him that he should seek psychological help by sending him to a psychiatrist due to his experience with CSIS. 13, Gamal Mohamed applied directly to the Canada Passenger Protect Program and the USA Homeland Security Redress TRIP. Gamal went to seek help from to his local MP, Kelly McCauley. The Executive Assistant's name is Oula Sanduga .She was the one who the plaintiff had contacted. She was helpful in helping Gamal with his problems, she contacted Gamal Mohamed via email. She strongly recommend that he applies directly to the Passenger Protect Program. Gamal received a letter from Public Safety stating “as you did not provide a written notification denying you boarding an aircraft under the PPP, your application for recourse cannot |. Application number: 2018-PPIO-00385.” They finally returned my application, including my identification documents by mail. On December 14th 2017 | received a letter from CSIS referring to my Access to Information Act. File number: 117-2017-414. On the letter it goes as follow: Pursuant to subsection 10(2) of the ‘Act, we neither confirm nor deny that the records you requested exist. Haashim received the same letter by mail, On January 29th 2018 | received a mail from Homeland Security with the Redress control number: 2264994. It goes as follow: In response to your request, we have conducted a review of any applicable records in consultation with other Federal agencies, as appropriate. It has been determined that no changes or corrections are warranted at this time. | believe that Canada has failed protecting me and my information. Below information are from the Passenger Protect ProgramInquiries Office: Canada-U.S. Redress Working Group 14. The Canada-U.S. Redress Working Group is a bilateral mechanism that allows the PPIO to collaborate closely with the U.S. on certain matters of redress and recourse concerning Canadian and U.S. citizens and permanent residents who may be affected because of a possible match to the Canadian and/or U.S. aviation security lists and have submitted an inquiry into the PPIO or the DHS TRIP program, Sadly, | had to apply for an appeal which Homeland Security gave me a 30 days Countdown. On the questionnaire some serious and personal questions was to be disclose. Example of questions: Last § years of residency, immediate family names, location, citizenship. Last 5 years employers. | felt ashamed and heartbroken to discuss to my supervisor at Edmonton Transit Service. It was very personal issue but in order to receive a response and a clearance | had no choice at all. Until now, | am still waiting for a response from Homeland Security. Wrongful Actions and CSIS Failures on both plaintiff 1. Violation of Charter of Rights and Freedom. Loss of morale Temporary requiring medical attention . Loss of confidence in self and others Rage, feelings, and humiliation 2. 3. 4 5. 6, Loss of enjoyment 7. Loss of tickets/visa 8. Loss of vacation time 9. . Violating the dignity Breach of the Charter 16. The Charter states that every individual is equal and has the right to the equal protection of the law without discrimination based on race, ethnic origin, color, religion, sex, and age, mental or physical disability. The Charter of Rights and Freedoms enshrines the fundamental freedom of religion. Damages16. As a consequence of the breaches set out above, the Plaintiffs have sustained significant damages to their lives, reputation, marriage, self-esteem and dignity. The Plaintiffs seek recovery of all of these damages. Applicable Legislation 17. The Plaintiffs plead and rely upon the following: Federal Courts Act, RSC, 1985, ¢ F-7; Federal Courts Rules, SOR/98-106; Crown Liability and Proceedings Act, RSC.1985,c-50,ss 3,21,22 and 23; Canadian Charter of Rights and Freedoms,ss 2(a),6(1),7,15(1) and 24(1) Bill 0-51(Anti-terrorism Act) Section 2 - Secure Air Travel Act (new)The plaintiff proposes that this action be tried at Qmonton, (Date) OG- (9- QUT, . of) of Le tor or plaintiff) address, telephone and fax number of solicitor or plaintiff) (Nai SEF-VRO- SBF Gamal Meemed G-14> Brianwynd Court NW Camenton AG TST OW Haas hier Ate g ovo epee CPF S163 & [8 Mek hy Space Tove b, Onhinre, MLE VEY