Tories launch bid to restore anti-terror powers
Tories launch bid to restore anti-terror powers
COLIN FREEZE
From Thursday's Globe and Mail
July 19, 2007 at 1:37 AM EDT
The Conservative government is launching a bid to recover controversial anti-terrorism powers as early as this fall – and revive a wedge issue that could force the Liberals into another wrenching internal debate.
The Antiterrorism Act, passed in 2001, bestowed extraordinary powers upon government agents in an attempt to help them thwart terrorist plots.
Because these measures treaded on conventional civil liberties, a built-in “sunset clause” meant that Parliament periodically had to vote to renew them.
These powers – “preventive detentions,” or locking up possible terrorists for short periods, and “investigative hearings” at which witnesses are compelled to testify – were never used.
The House of Commons declined to renew the powers last winter even though the governing Tories wanted the laws on the books.
Shortly after Stéphane Dion took over as Liberal Leader, he urged his party to join with the rest of the opposition in voting against renewing the laws, which his Liberal predecessors had passed.
Conservatives criticized the reversal at the time, and plan to do so again.
Justice Minister Rob Nicholson and Public Safety Minister Stockwell Day issued a joint statement Wednesday saying they plan to “reintroduce legislation to restore the anti-terrorism powers lost over recent months.”
They made the statement as the government released a report responding to parliamentary committee proposals to amend the 2001 Antiterrorism Act.
Mr. Day's spokeswoman, Mélisa Leclerc, said “the government looks forward to the co-operation of all members of Parliament in restoring these important measures when Parliament reconvenes in the fall.”
The report signals how the government will likely proceed on amendments to the act.
The report says that the government will fine-tune its definition of terrorism after legal challenges forced it to do so. It also says Ottawa will “carefully consider” a committee recommendation to enact a “glorification of terrorism” crime, similar to one on the books in Britain.
A proposal to create a national security committee of parliamentarians appears to be a non-starter – the report suggests such a committee could lead to overlap and duplication. Also, the report notes that the government has only six months to bring back its “security certificate” powers to jail and deport dangerous immigrants. (The Supreme Court gave Ottawa a year to replace the existing law, which it deemed unconstitutional last winter.) The report says that Ottawa will ensure that unreliable evidence is not used in such proceedings, including statements possibly coerced from suspects held overseas. As for the committee's suggestion that it provide “special advocates,” or lawyers who would argue for the defendants and defence lawyers barred from secret hearings, the report says “further study” is needed.
Parliamentary committees expressed concern that the Antiterrorism Act could infringe on the rights of lawyers and charities who may deal with people suspected of links to terrorism. Yet the report signals that the government plans to keep most of its existing powers.
A relatively widely used post-9/11 power has been shielding of information for national security reasons. The report indicates that this power is to remain unchanged.
COLIN FREEZE
From Thursday's Globe and Mail
July 19, 2007 at 1:37 AM EDT
The Conservative government is launching a bid to recover controversial anti-terrorism powers as early as this fall – and revive a wedge issue that could force the Liberals into another wrenching internal debate.
The Antiterrorism Act, passed in 2001, bestowed extraordinary powers upon government agents in an attempt to help them thwart terrorist plots.
Because these measures treaded on conventional civil liberties, a built-in “sunset clause” meant that Parliament periodically had to vote to renew them.
These powers – “preventive detentions,” or locking up possible terrorists for short periods, and “investigative hearings” at which witnesses are compelled to testify – were never used.
The House of Commons declined to renew the powers last winter even though the governing Tories wanted the laws on the books.
Shortly after Stéphane Dion took over as Liberal Leader, he urged his party to join with the rest of the opposition in voting against renewing the laws, which his Liberal predecessors had passed.
Conservatives criticized the reversal at the time, and plan to do so again.
Justice Minister Rob Nicholson and Public Safety Minister Stockwell Day issued a joint statement Wednesday saying they plan to “reintroduce legislation to restore the anti-terrorism powers lost over recent months.”
They made the statement as the government released a report responding to parliamentary committee proposals to amend the 2001 Antiterrorism Act.
Mr. Day's spokeswoman, Mélisa Leclerc, said “the government looks forward to the co-operation of all members of Parliament in restoring these important measures when Parliament reconvenes in the fall.”
The report signals how the government will likely proceed on amendments to the act.
The report says that the government will fine-tune its definition of terrorism after legal challenges forced it to do so. It also says Ottawa will “carefully consider” a committee recommendation to enact a “glorification of terrorism” crime, similar to one on the books in Britain.
A proposal to create a national security committee of parliamentarians appears to be a non-starter – the report suggests such a committee could lead to overlap and duplication. Also, the report notes that the government has only six months to bring back its “security certificate” powers to jail and deport dangerous immigrants. (The Supreme Court gave Ottawa a year to replace the existing law, which it deemed unconstitutional last winter.) The report says that Ottawa will ensure that unreliable evidence is not used in such proceedings, including statements possibly coerced from suspects held overseas. As for the committee's suggestion that it provide “special advocates,” or lawyers who would argue for the defendants and defence lawyers barred from secret hearings, the report says “further study” is needed.
Parliamentary committees expressed concern that the Antiterrorism Act could infringe on the rights of lawyers and charities who may deal with people suspected of links to terrorism. Yet the report signals that the government plans to keep most of its existing powers.
A relatively widely used post-9/11 power has been shielding of information for national security reasons. The report indicates that this power is to remain unchanged.
posted by PDO at
5:24 PM
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