More On The Dangers of Bill C-51

Well, leave it to The Star's redoubtable readers to remind us of the peril implicit in Bill C-51, Stephen Harper's anti-terrorist bill designed to make us all 'safer' and in a constant state of paranoia. Here is but a small sampling of their sentiments:

I called the Prime Minister’s office to ask why Stephen Harper is so intent on stripping away Canadians’ civil liberties, our rights to privacy, our right not to be arbitrarily detained without charge or trial, and so on, and on, and on. I got a recording. It said:

“Thank you for calling the Prime Minister of Canada. Freedom, the rule of law, and your civil liberties are important to us. Please stay on the line, in your home under house arrest, and your call will be answered by the first available CSIS agent, who will remain anonymous and will not tell you why you are under house arrest. Your estimated wait time is five years. Thank you for calling the Prime Minister of Canada. Freedom, the rule of law, and your civil liberties are important to us.”

Stuart Rogers, Toronto

Harper’s new powers to CSIS, CRA are the start of police state powers. The new powers allow CSIS to examine any group called “terrorist” – terrorist defined broadly as any criminal act that is ideology, or religious based.

CRA also is allowed to pass on information to law enforcement and CSIS without warrant if it is suspected terrorist activity. Harper has called environmental and social justice groups economic terrorists.

CRA is investigating unions, social justice and environmental groups for possible tax violations, which could be considered criminal; given their “ideological” stance in this possible criminal activity it defines them as terrorist. This allows free range to CSIS spy to their heart’s content, which is sadly lacking in oversight.

How long before it becomes used to suppress political enemies, and when you choose to exercise your rights to speak out, will you be the next terrorist?

Joe Healy, Toronto

....With the complete lack of oversight, the almost total abandonment of our Charter Rights and Freedoms and the further erosion of our civil liberties with C-51, I’m led to wonder whose influence the Canadian government is under? The bill itself is classic Harper but what other influences are at work here?

With past U.S. influence on Canadian national policies, examples include the case of Steven de Jaray by the Canadian Border Security Agency, the Maher Arar case and many others, I’m left to wonder when this bill passes, and it will with Harper’s majority and Trudeau’s Liberals in tow, will the oversight of our new “Patriot Act” really be coming from the American State department or the U.S. Homeland Security department?

Janice Meighan, Toronto

Bill C-51, brought to you by Stephen Harper, libertarian, who believes that the long-form census was too invasive. Hmm?

William Thachuk, Toronto

A Definitive Rejection Of Bill C-51

It is only human nature, I suppose, that when crisis strikes, our immediate reaction is that we would do almost anything to protect ourselves and our loved ones. When Pierre Trudeau invoked the War Measure Act in 1970 as a response to the FLQ crisis, the vast majority went along with the measure, I suspect, for that reason.

The world we live in today is vastly different. Thanks to grisly images on the Internet and crass manipulation by 'democratic' governments, many perceive us as being in a perpetual war that threatens all of us. A war without end. A war in which many consider the surrender of certain rights and freedoms as the cost of confronting an 'enemy' that "hates us because of our freedoms." Such jingoistic crap can be pretty compelling when the coin of the realm is fear.

Those able to achieve perspective and resist the demagoguery of their political overlords recognize that these are indeed dangerous times, the greatest peril coming not from external threats, but from those posed within in the guise of protective and proactive measures. Hence Bill C-51.

Two individuals able to see through the fog of hysteria perpetrated by the ruling class are Ed Boadbent, the former leader of the federal NDP, and Roy Romanow, the former premier of Saskatchewan who also served as a member of the Security and Intelligence Review Committee.

A joint essay in The Globe and Mail makes clear their adamant opposition to Stephen Harper's latest legislative initiative to promote conformist thinking and quell dissent within our country. They call for its immediate withdrawal:

Terrorism is designed to provoke governments into making damaging mistakes. It is conducted through brutality and rooted in the belief that killing ordinary citizens will cause nations to abandon their most basic commitments.

Terrorism demands a sustained and effective response. Resources must be allocated to enable police and intelligence agencies to find its perpetrators and to discover potential terrorists. Those who are guilty of offences must then be brought to justice.

Canada already has mechanisms, practices and laws necessary for dealing with terrorism. These include surveillance, immigration controls, preventative detention and incarceration for criminal activity.

The authors cite a lack of resources and funding for our police and security forces as the real problem, but that, of course, is not something that galvanizes people or gives Mr. Harper the political wedge he is always seeking.

The bill attacks the civil rights of all Canadians, and places the protections guaranteed by the Charter of Rights and Freedoms under the shadow of wider powers to interfere with lawful and legitimate conduct.

The general tenor of the bill is to expand the definition of threats to national security and add to the powers of the Canadian Security Intelligence Service.

Any interference with financial or economic stability could now be considered to violate national security. Such activities are a daily occurrence and in truth could include just about anything.

Who potentially, could now be considered fair targets under this legislation?

Any interference with financial or economic stability could now be considered to violate national security. Such activities are a daily occurrence and in truth could include just about anything.

Other new national security offences include influencing any government in Canada by unlawful means or “interfering with infrastructure.” Neither of these is a rare practice. Neither is necessarily connected to terrorism.

And now persons can be held in custody as a preventative matter if officers believe that a terrorist activity “may” occur. This makes detention a matter for the purely subjective views of security officials.

One cannot help but remember Joe Oliver's chilling references to "environmentalists and other radical groups".

Perhaps most disturbing is the fact that there really is no informed debate being conducted on this bill. One hopes that the efforts of people like Broadbent and Romanow will change that.

Well-Said!

H/t OpenMedia.ca

What, Me Worry?

H/t The Toronto Star

According to Star readers, there is plenty that could go wrong. Here is but a sampling of their concerns:

In his anti-terrorism speech, Stephen Harper said: “Over the last few years a great evil has been descending upon our world ... Canadians are targeted by these terrorists for no other reason than that we are Canadians. They want to harm us because they hate our society and the values it represents because they hate pluralism, they hate tolerance, and they hate freedom....the freedom we enjoy.”

Might I offer an interpretation of his remarks quoted above:

“Over the last few years a great evil has been descending upon Canada. So while purporting to protect Canadians, my government is targeting them simply because most of my fellow citizens are sheeple. More to the point, we can do what we like. We seek to strike fear into hearts in the hopes of winning the coming election. We hate opinions that stand in opposition to our own, we hate having to tolerate any opposition at all, and we are committed to diminishing further the remaining personal freedoms Canadians enjoy.”

Unfair? Too harsh? I invite anyone who believes so to examine the documented undermining of our democracy and its institutions wrought by Mr Harper over the past decade.

“The people can always be brought to the bidding of their leaders. All you have to do is tell them that they are in danger of being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger.” (Hermann Goering)

Jan Michael Sherman, Halfmoon Bay, B.C.

Once the state usurps the authority to punish citizens prospectively for crimes that they allegedly “may” commit in future but have never actually committed or conspired to commit, this without due legal process: without formal charges being laid, without a hearing or a trial, much less before obtaining a conviction from a presumably still independent judiciary, we abandon all pretense of living as free citizens under a democratic system of government. It is the hallmark of every authoritarian regime at either end of the political spectrum to want to persecute, punish or “disappear” its political opponents extrajudicially: alleged “terrorists” today, “Banditen” as the Nazis called all those who opposed them or “Enemies of the State” under Stalin. Even a child knows how ridiculous and recklessly dangerous Harper’s proposed new powers, worthy of a Vladimir Putin, really are:

“Sentence first - verdict afterwards”, said the Queen to Alice. “Stuff and nonsense!” said Alice loudly. “The idea of having the sentence first!” “Hold your tongue!” said the Queen. “I won’t!” said Alice. “Off with her head!” the Queen shouted at the top of her voice. Nobody moved. “Who cares for you?’ said Alice, (she had grown to her full size by this time.) “You’re nothing but a pack of cards!”

If only. It seems that no one in Ottawa has learned anything from the Maher Arar debacle and is hell-bent on creating the perfect political climate for such travesties of natural justice to be repeated. Bill C-51 may protect the state from its citizenry (which our current government apparently lives in fear of) but fails to protect the presumptively innocent from malicious and unaccountable persecution by the state. It is a law antithetical to democracy and a betrayal of our most cherished human values.

Edward Ozog, Brantford

All of this puts me in mind of a 2002 movie called Minority Report. Anyone seen it?

More On Our Opposition Leaders

Two posts I recently wrote were highly critical of both Justin Trudeau and Thomas Mulcair for their apparent embrace, for political purposes, of Bill C-51, the bill that will serve only to further erode our civil liberties in the chimerical hope of containing terrorists threats to Canada. I expressed my disgust over the fact that both leaders seem ready to abandon the broader interests of Canada for the sake of their own quest for power, fearful of being labelled by the Harper machine as 'soft on terrorism.'

I may have been too quick to judge Mr. Mulcair.

According to Tim Harper in today's Star, Mulcair is preparing to diverge from Trudeau's acquiescence:

Voters will decide whether Opposition leader Tom Mulcair is brave or foolhardy, but the official Opposition is preparing a case to oppose the bill — not simply by working around the fringe on oversight or sunset clauses, but by questioning the guts of a bill that gives the country’s spy agency radical new powers, allows longer and easier preventive detention and would criminalize the “promotion” of terror from a naif in a basement.

The oppositions leaders' non-performance on this issue thus far has bothered me for a number of reason, their refusal to safeguard our liberties being only one of them.

Their timidity also bespeaks a jaundiced view of Canadian voters, one that says we are easily fooled and manipulated, a contemptuous philosophy found at the core of Harper strategies these past nine years. And while I have frequently expressed genuine concern on this blog about the general level of political engagement of my fellow citizens, political leaders who capitulate to the lowest common denominator essentially preclude the possibility of establishing vision and real leadership.

It would seem that Mulcair is mindful of this to some degree:

Mulcair will likely announce his opposition when the House returns later this month.

Is he filling an opening left by the Liberals? Yes. Is he ensuring he responds to his base? Surely.

There may be cold feet in the caucus, but opposition MPs must raise the questions, provide the skepticism and, ultimately, oppose a law if that is their view. They’re not supposed to flee from a wedge issue.

Mulcair will have to stand and explain that keeping Canadians safe does not mean sacrificing civil liberties. He will have to fend off the inevitable attacks that he is a weak-kneed terrorist-hugger.

But he will stand and oppose a bill he believes is flawed, meaning we will have one opposition leader doing his job.

To me, an opposition leader doing his job, despite the inherent political risks, commands respect; playing it safe, as is Justin Trudeau, does not.

On Profound Timidity

H/t The Toronto Star

Yesterday's post dealt with the profound reluctance of Messieurs Trudeau and Mulcair to oppose Harper's latest incursion into our civil rights, Bill C-51, lest they be accused of being 'soft on terrorism' ("Oh, the horror!"). Better, in their minds, to betray the interests of Canadians than to be stuck with that taint, I guess.

Today's Star reports Justin Trudeau speaking with some enthusiasm about the bill, again carping around the edges about the need for more parliamentary oversight:

This bill can be improved but on the whole it does include measures that will help keep Canadians safe,” Trudeau told reporters.

But he conceded that his party will back the new law even if their suggestions are ignored by the Conservatives, adding that a Liberal government would bring in “robust” oversight and review if elected in the October election.

This seems hardly an adequate response to such an onerous bill, given that

it would give agents working for the Canadian Security Intelligence Service a broad new mandate to directly intervene in and “disrupt” emerging terror threats at home and abroad, even if it meant breaking the law.

In the same paper, Thomas Walkom writes about how even the parliamentary oversight called for by both Trudeau and Mulcair would not prevent or address the intrusions the bill makes possible:

In fact, most legislative oversight committees have limited authority. Those with greater powers, such as the U.S. Senate and House intelligence committees have, in many cases, given their imprimatur to dubious security practices. Walkom cites the use of torture by the C.I.A. While the Senate produced a report about it, it was years after the event, demonstrating the failure of oversight.

Or how about this?

In 2005, the New York Times broke the story that, in apparent violation of American law, the country’s National Security Agency was engaging in warrantless wiretaps of U.S. citizens. In this case, the chairs of both legislative oversight committees had known of the program since its inception in 2002. But they had done nothing.

Similar failures abound in other countries with supposed legislative safeguards:

Australia’s parliamentary oversight committee is barred from examining either operational methods or specific operations. It is not permitted to make public any information that the intelligence agencies want kept secret.

New Zealand’s oversight committee is subject to similar constraints. It is also specifically barred from inquiring into whether the country’s intelligence services are breaking the law (an appointed inspector-general does that).

In Britain, that country’s parliamentary oversight committee can look at past operational matters (if the prime minister agrees) as well as other matters that the prime minister wants it to examine. The government can deny the committee any information it deems sensitive. The committee’s annual reports to Parliament are subject to censorship by the prime minister.

What does all of this demonstrate? In my mind it is a piercing indictment of both Trudeau and Mulcair, who, in hiding behind the accountability mask, are revealing themselves for what they really are: political opportunists whose only real passion is for power, not public service.

The Illusion Of Choice

I know that I am but one of millions who long for the day the Harper regime is electorally deposed. That day cannot come soon enough. Yet, along with countless others, I am also aware that merely electing a Liberal or NDP government may only mean a change in style, not substance, given the many positions they hold in common with Dear Leader.

The anti-terror measures of Bill C-51 is one very worrisome case in point.

In today's Star, Thomas Walkom makes the following observations:

Both New Democratic Party Leader Tom Mulcair and Liberal chieftain Justin Trudeau danced warily around the substance of Bill C-51.

They had nothing to say about measures that would criminalize speech the government deemed pro-terrorist.

They had no views on proposals that would give 17 security agencies access to any information in any government department on any Canadian.

They said nothing about a section of the bill that would permit the Canadian Security Intelligence Service to engage in illegal and unconstitutional dirty tricks.

Indeed, the only criticism of Bill C-51 levelled by the Liberals and New Democrats to date is that it doesn’t provide parliamentary oversight of security agencies that have been given these new powers.

Which is another way of saying to Harper: We don’t mind if you erode civil liberties, as long as you let a few of us in on what you’re up to.

Wary of being labelled 'soft on terrorism,' the leaders of the two parties vying to replace Harper are revealing once more that the quest for power takes primacy over what is best for Canadians. No questions about why such measure are needed. No queries about what the inadequacy of existing laws might be. Only silent consent with a soupçon of carping at the periphery.

Contrast that cowardice with the brave and consistent integrity of Green Party leader Elizabeth May:

She said Monday in the Commons that it would turn CSIS into a “secret police force.”

She also asked if the bill’s remarkably broad definition of crimes against the security of Canada included anti-pipeline protests (and got no answer).

And so the charade goes on.

But where are the rest of us on this issue? Despite a very compelling warning by Edward Snowden as well as objections by The Canadian Civil Liberties Union and others, far too many of us seem content to shrug our shoulders and dismiss concerns with a simple, "I'm not a terrorist, so why should I worry?" an attitude fraught with pitfalls.

But I guess there is at least one undeniable inference to be drawn from all of this: Human beings are remarkably consistent in their ability to ignore the lessons of history.

A Timely Warning From Edward Snowden

But will anyone listen?

Edward Snowden, the man wanted for leaking U.S. security documents in 2013 says Canadians should be “extraordinarily cautious” in reference to an anti-terror bill proposed by the Harper government. Snowden and journalist Glenn Greenwald spoke to a group of Toronto students Monday evening.