✎✎✎ Bill C-51 Analysis

Tuesday, June 22, 2021 2:31:17 PM

Bill C-51 Analysis



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Is fear of terrorism jeopardizing your rights? Bill C-51 and National Security

Safeguards should be added to this legislation, including limitations on the total number of hours a person may be interrogated as well as the circumstances of the interrogation. This is especially so in a system that allows the state to detain so easily, combined with cases where the boundaries of a suspected cell or group are unclear. This will be of special concern to anyone who has studied the infamous Maher Arar case. Thankfully, courts may ultimately restrain that scope, either because judges interpret the provisions narrowly, or because as seems likely they consider the provisions to infringe on Charter rights to free speech.

In the meantime, the speech provisions of Bill C will cast a chill on any opinion touching upon the issue of terrorism—including opinions that are politically extreme and irresponsible, but that are far removed from actual or threatened terroristic violence. Those opinions will not disappear, of course. They will persist in secret, renewed by a sense of grievance. The more attentive holders of these views will go silent, especially on social media. This important open-source form of intelligence—on, particularly, al Qaeda- or ISIS -inspired radicalization—may degrade. One person was successfully prosecuted in for outright terrorist propaganda. We are hard pressed to see any virtue in going one step further, and prosecuting the more general, abstract form of expressed pro-terrorist sentiment that the language of Bill C would cover.

We are not opposed to judicial orders to delete material from the Internet that incites terrorism, and as such is already criminal. We have even more concerns that customs and border control will be allowed to enforce this new provision in deciding what material enters the country. But it is the proposed changes to Canadian Security Intelligence Service that are the most radical feature of the bill. CSIS was designed with a broad mandate but limited powers. Until now, it has been an intelligence service—which is to say that it collects and analyses information, and supplies threat assessments to the government. CSIS , for instance, will become able to intervene by talking to parents of a radicalized youth.

CSIS also will become able to meddle with property in order, for example, to swap out an explosive chemical for an inert one. All we get in Bill C, in this regard, is the stipulation that CSIS agents will commit no bodily harm, no obstruction of justice, and no violation of sexual integrity. These three items are a cut-and-paste job from Criminal Code provisions that authorize the police to, in limited circumstances, violate the law if officers abide by such stated conditions.

But the analogy is imperfect. When the RCMP breaks the law in the course of a police investigation designed, ideally, to result in criminal charges, that behaviour will be tested in open court. When the system works as intended, everything comes to light, and police misconduct scuttles prosecutions. CSIS , however, faces no such prospect. Its activities come to light only when something goes seriously wrong, or when its investigations morph into criminal processes led by the RCMP.

But that, too, is problematic. The obvious thinking is that such a system simply builds on the conventional role of judges in issuing search warrants. However, here again, the analogy is approximate. In the world of search and seizure, judicial warrants are designed to prevent —not authorize—Charter violations. To imagine that a court can pre-authorize a violation of this right—as C apparently would allow the court to do—is to fundamentally misunderstand the way our constitution works. A judge who is presented with a warrant application from CSIS is in no position to invent a new exception to a Charter right. This aspect of our critique may sound obscure. But the ramifications are enormous.

Bill C, if passed, would allow Federal Court judges to limit all sorts of Charter rights, including the right of Canadian citizens to return to Canada. Moreover, there would be no democratic discussion. The British Parliament is having a debate over the validity of exclusion orders that keep citizens who have joined ISIS from coming back home. We could be wrong in our appraisal of how courts will construe these powers. In other words, all these weighty legal deliberations will be done in secret, with only the judge and the government side represented.

The person affected by the illegal activity will not be there, nor likely will ever know what government agency visited the misfortune upon them. They cannot defend their rights. No civil rights group will be able to weigh in on their behalf. The overall results, we fear, will be an opaque parliamentary debate on the merits of this law followed by a one-sided legal discussion about its application. He or she will be paid a fraction of his or her regular billing rate, will be sworn to secrecy, and made unable to consult often with other special advocates—while, most likely, fighting tooth and nail to ensure that the government is candid.

This book talks about the horrendous experience of an innocent Syrian-born Canadian citizen, Maher Arar who was detained and tortured under the anti-terrorism act. The article explains the pros and cons of the exertion of Bill C, which will help to. Studying the experiences Canada had with this legislation will help me understand how beneficial it was.

It will also help me understand of the parts of this legislation that are being violated by bill C This book talks about legislative privacy laws with in Canada. It also mentions that rules regarding the management of personal information in the private sector are set by a piece of legislation known as the personal information protection and. What is Bill C? The Harper Government enacted the bill in response to recent terrorist attacks in Ottawa and Quebec.

On May 6th, , the Conservative party passed Bill C and it is awaiting royal assent. One media policy issue in particular has been in the news quite a lot recently, and has caught my attention. The bill in question has many Canadians worried about not only their safety and privacy online and in public places, but also what is done with their personal information and how it is being shared, without their consent. This confirms that Vader is a symbol of comparison to Harper. Previously, the role of CSIS was to collect information. Now however, if CSIS. This law which was passed in , requires significant amendments and I will explain to you two of the many points that need changing within Bill C Bill C requires significant revision for it to become a law that benefits Canadians more.

The first time it was an issue was in G20 summit, June Lately is have also been an issue in Canadian spy companies. Also government recently passed the bill c, which clearly violates our charter rights. To begin with, G20 summit took place in Downtown Toronto in June

Bill C-51 Analysis are particularly concerned Bill C-51 Analysis the issue of government surveillance. Footnote 3. It said:. Library of Bill C-51 Analysis.

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