For Your Formation
Bill C-36 - The Anti-Terrorism Act
Bill C-36, Canada's new anti-terrorism Act has now received second reading in parliament and is expected to become law before the end of the year. The Canadian government is insisting that the Act is necessary in order to deal effectively with the threat of terrorism in the wake of the September 11th events in the United States.
Bill C-36 defines "terrorist activity" as "an action that takes place either within or outside of Canada that: is an offence under one of 10 U.N. anti-terrorism conventions and protocols; or is taken or threatened for political, religious or ideological purposes and threatens the public or national security by killing, seriously harming or endangering a person, causing substantial property damage that is likely to seriously harm people or by interfering with or disrupting an essential service, facility or system."
The bill also makes it a crime to knowingly: collect or provide funds to help a terrorist group; participate in, contribute to or facilitate the activities of a terrorist group; instruct anyone to carry out a terrorist act; or harbour or conceal a terrorist.
In addition, any indictable offence "that is done for the benefit of, at the direction of, or in association with a terrorist group carries a maximum sentence of life imprisonment" and "an offender convicted of any indictable offence that is also a terrorist activity would be liable to life imprisonment". Bill C-36 also stipulates that the sentences imposed for each of these offences are to be served consecutively to any other sentence imposed relating to the same activity or event.
In addition to imposing what amounts to a form of double jeopardy, Bill C-36 also provides the police and the Canadian Security and Intelligence Service (CSIS) with far-reaching powers to spy on Canadians. Approval for electronic surveillance and wiretapping is made easier and the current requirement to inform the target of such surveillance after one year has been extended to three years. The bill also has provisions to force individuals to provide information "relevant to an ongoing investigation of a terrorist crime" and for the "preventive arrest" of someone suspected of preparing to commit a terrorist activity.
Justice Minister Anne McLellan has refused to say whether or not the provisions of Bill C-36 would be applied to participants in protests such as the one at the Summit of the Americas in Quebec City last April, asserting only that, "those who would carry out lawful and legitimate activity" would not be "affected". Some NDP and Bloc Quebecois MPs have asked for government assurances that such protests would not be considered terrorist activities, while Liberal MP John Bryden said that Bill C-36 "clearly and explicitly" includes "the kind of violent protest" seen at recent trade summits. Progressive Conservative MP Peter MacKay said that he was glad to see that the proposed legislation would include such "violent" protests which should be "dealt with in the harshest and most just but swift fashion".
Defence lawyers and civil rights activists have criticized the legislation as totally unnecessary and as a gross violation of Canadians' civil rights. They have pointed out that the provisions of the Criminal Code and the Immigration Act already provide the state with all of the powers it needs to combat terrorist activity. Lawyer Clayton Ruby has called for McLellan to amend the legislation so that "freedom need not be undermined in the name of protecting it."