Showing posts with label civil liberties. Show all posts
Showing posts with label civil liberties. Show all posts

Saturday, September 25, 2010

Combating Terrorism Act passes 2nd reading [bumped]

On the same day the nation was preoccupied with the national Lib/Con competition for votes to preserve/kill the long gun registry, the Libs and Cons combined forces to slip the Combating Terrorism Act through second reading in the House - 220 votes to 84 in a classic Lib/Con vs NDP/Bloc split -just ten minutes before the long gun vote.

The Libs and Cons may disagree on whether it is either useful or an egregious invasion of privacy and civil liberties that Canadians should have to spend a few minutes registering a long gun online, but when it comes to locking Canadians up for 12 months without a warrant or compelling them to appear before a court based on some anonymous tip, they're both just fine with that.

The right to remain silent, the right not to be jailed without charge, the right to know what the charges are against you - pfft!

In reintroducing Bill C-17 for the third time on Monday to reinstate provisions from the Anti-terrorism Act of 2001, Justice Minister Rob Nicholson emphasized a fabulous new feature:
"The key here is that the person required to attend an investigative hearing is treated as a witness, not someone who is accused of a crime."
True, as long as your definition of "witness" includes being arrested if you don't comply and being detained for up to 72 hours if you do.
But what if you are also suspected of being likely to commit a terrorist crime some time in the future. Over to you, Mr. Nicholson :
"a judge can order the person's detention for up to 12 months."
There's a five year sunset clause again and every 12 months the Attorney General and the Public Safety Minister - that would be Nicholson himself and Vic lock-'em-up Toews respectively - must "provide their opinions, supported by reasons, as to whether the operations of these provisions should be extended."

On Monday Liberal critic for Public Safety & National Security Mark Holland made some noises about balancing national security with individual liberty and noted :
"the government has completely ignored most of the key recommendations that came from Justice O'Connor [re Maher Arar], which were supported by Justice Iacobucci and were repeated by the RCMP Public Complaints Commissioner Paul Kennedy"
but then two days later, he voted for it along with the rest of the Libs.

There were hours and hours of speeches in the House this Monday and Tuesday :
Lib Marlene Jennings said right off the bat on Monday that the Libs would be voting for C-17 to proceed to committee.
NDP Joe Comartin noted "there is no crime related to terrorism not already included in the Criminal Code."
Bloc Maria Mourani : Arar. CSIS supports info gained via torture. Why would we give them even more secret powers?
NDP Wayne Marston worried we were slipperysloping into 12thC pre-Magna Carta sensibilities.
Con Colin Carrie was the first to accuse "the coalition" of being "soft on terror".
Bloc Serge Ménard noted that under the War Measures Act "almost all candidates who ran against Mayor Drapeau [in the Montreal elections] were incarcerated. A law which goes so far as to incarcerate political opponents has already been used once in our history," he said.
NDP Don Davies brought up the "preventative arrest of 1,100 Canadians arrested at G20 for simply walking in the street" and asked why a government so against turning people into criminals for refusing to answer the long form census was at the same time happy to lock people up for refusing to answer questions based merely on suspicion?
Lib Derek Lee said Canadians already don't have the legal right to remain silent. (He's wrong about that.)
NDP Bill Siksay noted that security certificates were intended to expedite deportation of non-citizens yet they have been used instead to jail people for up to eight years without a trial. Slippery slope.

As I said - hours and hours of debate.
By Wednesday Libby Davies wondered aloud in the House why there were hundreds of articles in newspapers across the country dealing with the gun registry but no mention of the debate on the Combating Terrorism Act.
Good question, Libby.

Here's another. After much initial huffing about how absolutely vital this bill is in the fight against 'terrorists', and with the Libs onside since June 2009, the Cons have allowed it to languish in limbo for a whole 15 months. Now suddenly it's back on their agenda again as the first government order tabled on the return of the House this week. Why is that?

Thursday, July 15, 2010

G20 Ten Most Wanted and their control group

At yesterday's presser, the Toronto Police media guy announced their "G20 Most Wanted Individuals" list :

"They are individuals who are not suspects - they are people who are wanted for criminal offences and the only difficulty that the investigative team has is at this point we don't know who they are so we're seeking the assistance of the public to identify them to us ."
He further advised they have "over 14,000 still images of individuals and over 500 videos", which they will be sharing with the Canadian Banking Association to run through their facial recognition software. Keep those citizen CDs and vids coming, he said.

So after ignoring the rioters for an hour and a half on June 26th in favour of taking their pictures, and then rounding up, IDing and photographing over a thousand hapless random citizens the following day, you will now use the banks' software tools to look for a match between the two groups.
Got it.
Well at least we know the point of the Sunday bucket detainments now - it was just their bad luck to be chosen to act as the control group.

Monday, July 05, 2010

G20 martial law - some questions

We have always known in Canada that there are laws lying in wait to trash the Charter of Rights hovering just beyond the sight lines of the courts. The Public Works Protection Act is just such a law, allowing, albeit for a limited time, otherwise illegal searches and seizures and arrests.

Here, constitutional lawyer Paul Cavalluzzo, lead commission council at the Walkerton and Maher Arar inquiries, goes through the act with Paul Jay of The Real News. Transcript here.

I have some further questions.

If I live within an arbitrarily designated "public works area", can Blackwater or a mall rent-a-cop or any other appointed "guard" legally enter my home and arrest me for attempting to deny them entry? Will they be armed?

If I don't consent to being ID'd and searched on my way to work, can I legally be prevented from going to work? I cannot prove this, as it is only anecdotal, but during the Vancouver Olympics, a contractor told me he lost an employee due to said employee being denied passage through Vancouver by the police for the duration of the Olympics for having written an anti-Olympics letter to the local paper that was never published.

If any of the protesters/shoppers/citizens arrested and detained in handcuffs for 24 hours and jammed in a 10 by 12 by 20 foot cage along with 40 other men are not formally charged and given their day in court, will there be no other opportunity to challenge these arbitrary Charter-free zones until the next time they are dusted off for a globalization bunfest?

And finally, why is Chief Bill Blair on the hot seat for having been given these extraordinary powers he didn't ask for when it was presumably the PMO that told the Ontario cabinet to ask for them?

Any responses from legal experts gratefully accepted.

In the meantime, while the Toronto's Police Services Board which holds Toronto Police to account sees no need for a public inquiry, support the Canadian Civil Liberties Association's petition to "repeal or amendment of the Public Works Protection Act to meet basic constitutional standards"

Sunday, July 04, 2010

This is what real journalism looks like

On June 26th Toronto Mayor David Miller exhorted Torontonians to put the previous day's G20 violence behind them and get out into the streets to enjoy their city. Theatre director Tommy Taylor took Miller's words to heart.

This is his story of his day. Arrested with his girlfriend for singing "Give Peace a Chance", held for more than 24 hours in handcuffs in a 10 by 12 by 20 foot cage along with 40 other men, wet and freezing cold, standing room only, no phone call, having to beg for a few sips of water, eventually passing out on the filthy floor.

One of the most compelling accounts on any subject I've read in some time, not least of all for his sympathy for the police forced into this position.

This is what real journalism looks like :

How I Got Arrested and Abused at the G20 in Toronto
by Tommy Taylor

via Boris and Back of the Book.

Sign the Canadian Civil Liberties Association Petiton for
~An independent inquiry into the actions of the police during the G20
~Amendment of the Public Works Protection Act to meet basic constitutional standards
~Reform to ensure that the Criminal Code provisions relating to “breach of the peace”, “unlawful assemblies” and “riots” are brought in line with constitutional standards