Despite all the powerful and thoughtful critiques of the government’s anti-terrorism bill, it is on the verge of becoming law. The legislation undermines our rights and liberties and does a disservice to every citizen and to the free society we all cherish.
Long before the pending final vote in the Senate, a chorus of important voices denounced the bill: former prime ministers Jean Chrétien, Paul Martin, Joe Clark and John Turner, five former Supreme Court justices, seven former Liberal solicitors-general and ministers of justice, three past members of the Security and Intelligence Review Committee (SIRC), two former privacy commissioners, a retired RCMP watchdog; the Canadian Bar Association, 60 business leaders in the high-tech sector, and dozens of law professors across the country. The message was the same every time: the bill is seriously flawed, and it unnecessarily puts Canadians’ civil liberties at risk.
These various experts have written extensively about Bill C-51’s many flaws. It is worth spelling out some of the most serious concerns that remain in it even after the recent amendments:
Bill C-51 loosens information sharing laws between government agencies, putting your personal data and privacy at risk. Disturbingly, it provides CSIS new police-like powers to “disrupt” or act on security intelligence, and introduces new powers of “preventive detention” of those that have committed no crime. Incredibly, it allows judges to approve of activities that could violate Charter rights. These new powers are particularly alarming when one considers that Canada is one of the only OECD countries without proper independent or public oversight of the secretive conduct of our intelligence agencies.
Finally, vague definitions in the text of C-51 open up troubling questions with regard to who can be targeted, and what might be censored under the new bill. For example, the bill seeks to counter not only “terrorism” but what it describes broadly as “threats to the security of Canada.” How broadly will “threats” to Canada’s “security” be defined? It also introduces new prohibitions on speech that promote or glorify terrorism. Will this mean any Facebook post or Tweet touching upon the issue of terrorism will be subjected to charges?
At the outset of the debate former Saskatchewan premier Roy Romanow and I called on Parliament to reject the bill. We argued that C-51 threatened our civil rights, and placed the very protections guaranteed by the Charter under the shadow of wider powers to interfere with lawful and legitimate conduct. Further, we pointed out that the bill in itself did not protect us from terrorism. We recognized that terrorism demands a serious, sustained and effective response. The bill did not do this, but it does undermine the rights of Canadians.
Along with many others who have spoken out against this Conservative legislation, I am particularly dismayed to see it adopted with the full support of the Liberal caucus. I never thought I would see the day when Pierre Trudeau’s party would turn its back on the Charter of Rights and Freedoms.
Stephen Harper’s Conservatives and Justin Trudeau’s Liberals failed to heed the concerns of Canadians and, in so doing, have put Canada on a worrisome path.
Naturally we value our safety and want to ensure that the resources and tools are there to preserve it when we are threatened by terrorists. But we also value our liberty — to live as we choose, to be free to express dissenting opinions, to be free from interference, and to pursue our own goals. We have found a way in existing law for these two values to coexist, as they must. With its overzealous securitization, Bill C-51 undermines that balance.
It is in the face of serious challenges that we must be our best selves. This is one of those moments.
We must not allow the legitimate concerns about security to dictate reductions in the protection of the fundamental rights for which security itself is pursued. Any solution must respect the necessary balance between security and freedom that will continue to allow us to shape the kind of society we want.
It is sad that Bill C-51 will soon be law, but I do not believe it is too late to undo it. Engaged citizens and civil society have proven that, with determination, we can prevail. We must stand up for our rights and for the society we want. We must fight to repeal C-51.
Let’s honour the work of those who worked to create our Charter. Let’s make sure we recognize the Canada we cherish. Let’s restore the balance at the heart of our democracy.
Source: thestar.com/
Author: Ed Broadbent
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