27 February 2015

Parsing Bill C-51— the academics' letter

The first criticism of Bill C-51, the Anti-terrorism Act 2015, is the fact it is entirely unnecessary. Our criminal law is already capable of dealing with terrorist activities. More to the point, terrorism poses no significant threat to Canadians and therefore no further infringements on Canadians’ civil liberties are warranted.

The facts are clear. In 2014 two Canadians were killed in terrorist attacks. I do not demean the death of any individual—all lives are precious—but from a national perspective two deaths is trivial. The chances of a Canadian being harmed in a terrorist attack in this country are absolutely remote.

Specific articles in the Bill that concern me include Section 16, which could create a chilling effect on freedom of speech, and Section 42 (12.1) which in effect turns CSIS into a secret police force. But my parsing of the Bill is that of an amateur. For an expert critique, I strongly recommend the open letter to Members of Parliament by 100 academics. The authors represent a range of disciplines but primarily the faculties of law. They do not critique the entire Bill (a monster in the tradition of the Conservatives' infamous omnibus bills) but concentrate on five points of analysis that urge MPs to vote against it.

The letter can be read here. If, like me, you are a layman in the law, having your suspicions of this proposed legislation confirmed by such an impressive battery of distinguished legal minds is reassuring indeed.

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