Canada: Police get vast power of arrest

National Post, with files from The Canadian Press OTTAWA - Canadians could face arrest without warrant and be forced to testify before a judge without charge under sweeping anti-terrorism legislation tabled yesterday by Anne McLellan, the Minister of Justice.

The 171-page omnibus bill introduces unprecedented "preventive arrest" provisions allowing detention of suspected terrorists for up to 72 hours without charge and creates "investigative hearings" to compel material witnesses to disclose information about terrorism to a judge even in the absence of a formal trial.

The legislation -- which aims to "deter, disable and dismantle" terrorist activity -- expands a variety of government powers, ranging from seizing terrorist property to censoring the Internet.

Conceding that provisions such as arrest without a warrant are "basically new" to Canadian law, Ms. McLellan said she would be comfortable defending all the measures before any court as reasonable limits to individual rights.

"No legislation that I am aware of has gone through as rigorous Charter [of Rights and Freedoms] analysis as this," she said at a press conference.

"The Charter does not suggest for a minute that any rights are absolute," she said, noting that Section 1 of the Charter allows for limitations as justified in "free and democratic society."

"People who live in fear of their personal safety cannot live in a free and democratic society," she said.

"Either nothing changed on Sept. 11 or everything changed," said John Manley, Minister of Foreign Affairs and head of a Cabinet committee on national security.

Without the controversial arrest power, he said, "It might be impossible to prevent a terrorist activity even if we had information [that it was to occur.]"

In a speech to the House of Commons last night, Jean Chrétien maintained the law was carefully drafted to respect the Charter, but promised all the same to listen to any criticism that surfaces as committee hearings unfold.

"Terrorists seek to undermine the rule of law and the preservation of human rights," he said. "The real test of our values is how they guide us in times of crisis.

"Quite frankly, in the past as a country we did not always pass that test. We must be vigilant today to make sure that we do not repeat past mistakes."

The bill introduces Canada's first definition of "terrorist activity." It is similar to the definition of terrorism used in British and U.S. laws, and allows the federal Cabinet to draw up a list of proscribed "terrorist groups" on the advice of the Solicitor-General.

The law stops short of criminalizing membership in the groups. Instead, "participating" in or "contributing" to their activities becomes a crime punishable by a maximum of 10 years in prison, even if the nature of the participation consists of otherwise legal activities. Leaders of terrorist groups face life in prison.

Some civil libertarians say the legislation will do little to make Canada safer but it could undermine basic freedoms that help define the country.

"Remember, this is all about preserving our way of life, in which we regard liberty as a prime example," said Alan Gold, president of the Ontario Criminal Lawyers Association. "We don't want to turn into a police state. To turn into a police state in the name of liberty is bizarre."

Terrorist activity is defined in the bill as acts taken or threatened for political, religious or ideological purposes that threaten public or national security by killing, seriously harming or endangering a person, causing substantial property damage that is likely to seriously harm people or by interfering with or disrupting an essential service, facility or system.

The definition includes violations of 10 UN anti-terrorism conventions that cover such things as aircraft hijacking, hostage taking, terrorist bombings and protection of nuclear material. To knowingly "facilitate" terrorist activity becomes a crime punishable by 14 years in prison, while instructing anyone to carry out terrorist activities leads to a maximum life sentence.

To knowingly harbour or conceal a terrorist will be punishable by 10 years in prison. Crimes committed for the benefit of terrorist groups will carry a maximum of life in prison. The sentences would be served consecutively.

The bill states plainly that terrorist activity does not include "lawful advocacy, protest, dissent or stoppage of work" that does not seriously harm or kill people. It also does not cover actions taken during an armed conflict in accordance with international law.

Bill Blaikie, the NDP justice critic, said yesterday he would reserve judgment on the legislation until he hears expert testimony as to whether the bill "might curtail legitimate dissent."

Vic Toews, the Canadian Alliance justice critic, called the legislation "an important first step," but without a complete ban on membership in terrorist groups, it remains "a half-measure."

"The bill is an important step forward and certainly reflects many of the issues that our party has been raising in this House, and unfortunately to little avail until the tragic events of Sept. 11," he said in the House of Commons. "It is unfortunate that we could not have moved much quicker in dealing with these issues."

Peter MacKay, the Tory justice critic, said the law "goes a long way to give law enforcement the powers they require," but the arrest and investigative hearings measures gave him "some cause for concern" and should be coupled with careful training of police officers.

Ms. McLellan said that because terrorists operate in isolated cells and because many are ready to die for their cause, the emphasis of the law must be on prevention through investigation and surveillance of terrorist groups and on cutting off their financial support.

- Allowing arrest without a warrant where police have reasonable grounds to believe the arrest is necessary to prevent an act of terrorism they have reason to believe is about to happen.

- Detaining suspected terrorists without charges for up to 24 hours before facing a judge, and an additional 48 hours with the judge's permission.

- Creating new "investigative hearings," in which a material witness could be compelled to testify before a judge. In order to preserve the right of a person not to incriminate himself, any information could not be used as a basis for proceedings against that person.

- Increasing protections under the Evidence Act for classified evidence used in court proceedings.

- Extending to terrorism investigators electronic surveillance powers already available to police investigating organized crimes and contained in the anti-gang legislation now before the Senate. Police will no longer have to prove a wiretap is a tool of last resort in order to obtain a warrant and the warrant will be valid for one year, up from the current 60 days. The requirement to notify a suspect after surveillance has been concluded can be delayed up to three years from the current one year.

- The Communications Security Establishment, the government agency that monitors foreign communications, would be allowed for the first time to intercept the communications of foreign targets even while they are communicating with Canadians -- a move that would require permission of the Minister of National Defence.

- A new Security of Information Act will replace the Official Secrets Act to impose stronger measures to combat foreign spies.

The bill also ratifies the UN Convention on the Suppression of Terrorist Financing and will allow a Federal Court judge to order the seizure and forfeiture of terrorist property. It prohibits making money or financial services available to terrorists or terrorist groups, and denies such groups charitable status under the Income Tax Act.

Money laundering laws would be amended to authorize the detection of financial transactions that may constitute threats to the security of Canada and allow them to be disclosed to CSIS.

- Sentences of up to 10 years for "mischief" in relation to religious property, such as churches, mosques, synagogues or temples that is "motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin."

- Amendments to the Firearms Act to allow the government to permit non-residents, such as foreign air marshals, to carry firearms while on duty in Canada.

To help enforce the new laws, the number of Federal Court judge positions will be increased by as many as 13 new trial judges and two appeal court judges.

Ms. McLellan said it is impossible to tell how much implementation of the laws will cost since it is unknown how many prosecutions may take place.

Mr. Manley said more legislation could still come as other departments review what they can do to fight terrorism.

"...The legislation -- which aims to "deter, disable and dismantle" terrorist activity -- expands a variety of government powers, ranging from seizing terrorist property to censoring the Internet..."

The only thing this tyranny will "deter, disable and dismantle" is freedom.

DEATH to terrorists and DEATH to those who would cynically use them to strip North Americans of what little liberty they've managed to retain!

First the Government must disarm the citizens. They have done that in Canada.

Then, they need a 'reason' to clamp down a little more on freedom. 9/11 is their excuse.

Then, they determine you are a terrorist, or an 'enemy of the state', or a risk. They have passed laws for that.

Then, they come for all but the sheep. That will start soon.

Can the concentration camps be far off? Will we allow this to happen HERE?

During war time this will be aceptable behavior to a degree.

However, we must be very careful that the same noose used to strangle the pirates of the world does not end up subjugating the citizenry.

You see there is one unresolved problem here:

At what point does it become legal for the citizens to overthrow their own government?

Ex. of America and the failure of the Congress to impeach a sitting president found to have committed a felony, which was a gauranteed right of the citizens not to have such an individual occupy the highest office.

Therefore the problem is that what we are creating a global infrastructure that will in essence create such an enormous police state whereby free citizens will have no recourse for corruption.

Only by the design of having another election in four years did the federal government avert the current crisis.

This means the system is broke! It nearly meant serious internal war in America.

Of interest, is the degree to which the election process was manipulated by foreign adversaries to keep in place a group known to be favorable to those who sought to control it.

These ones involved with the bombings and international terror are the same ones responsible for the infiltration and selling of the American government.

The citizens have absolutely no means now, of being insured that a corrupt system of government doesn't rule their lives!

How is it one is to change a system in ones own life?

The individual is nearly powerless to take matters into ones own hands.

This war we wage is against those who have really been seeking to take freedom away from the masses!

Whether it be at home or abroad the laws created to remove civil liberties are of serious nature!

Great care and thought must go into debating these issues, so there can be no future misinterpretation as to their original intent.

Although it is important to expedite measures for security purposes in the short-term, it can and will lead to serious problems of the future if left unchecked.

The same is true for the broken American federal system of government which will now have to be repaired!

During war time it is important to have a strong central government, however in peace time we should demand powers be returned to their rightful place, the states from which the powers reside.

We as Allies have been equally afronted by the regimes of the world embarking on a campaign to end democracy and freedom in the world.

These are our targets, Sic Semper Tyranus!

"No legislation that I am aware of has gone through as rigorous Charter [of Rights and Freedoms] analysis as this,"

Really?
So does this mean that legislation normally gets written checked and passed in less than 35 days?
Or does this mean that it was written in advance but only brought forward after 9/11?

"The Charter does not suggest for a minute that any rights are absolute,"

Oh, that means that rights come from the whim of the government elite?

"limitations as justified in "free and democratic society."

Free with limitations.
Good doublespeak.

"Without the controversial arrest power, he said,
"It might be impossible to prevent a terrorist activity even if we had information [that it was to occur]."

Really? Show us some examples of where this happened.
There must be examples to justify such sweeping power to be granted to the government.
What, no examples?
Oh, I missed the "might".

"Terrorists seek to undermine the rule of law and the preservation of human rights," he said.
"The real test of our values is how they guide us in times of crisis."

LOL!
Legislation of this nature "undermines rule of law" and it certainly undermines the "preservation of human rights".
By their own definition it is terrorism by legislation.
In this time of crisis we can certainly see the values of the legislators that came up with this.
Those values are nothing for them to be proud of.

"goes a long way to give law enforcement the powers they require,"

IE:
They are saying law enforcement "requires" virtually unlimited power in order to prevent terrorist activity.
Hmmmm...
Notice that 9/11 could NOT have been prevented if the terrorists had kept their mouths shut.
Notice too that 9/11 COULD have been prevented using existing police powers since the terrorists
DIDN'T keep their mouths shut.

The CIA's boy Bin Ladin successfully gave the intellegence/police community
EXACTLY what governments has been wanting for centuries.
Unlimited power.
The cost?
A handful of terrorists and about 6000 civilians.
Not a bad payoff by government standards.

This measure is a victory for the terrorists. We are being stampeded into dismantling our freedoms.

Maybe reasonable people are swinging into gear and getting smart.

Probers say bin Laden group had cell in Hub[Excerpt] Whether Almarabh may actually have been employed as a truck driver is unknown, and investigators have refused to say whether they have found records of him transporting hazardous material as a driver. Last July he was found hiding in the back of a truck that was attempting to enter the United States from Canada at Niagara Falls, Ontario.

The Canadian passport and immigration card he had in his possession was fraudulent, and Almarabh was detained by Canadian authorities. No alarms were raised at the Canadian border that Almarabh's name had come up in the US Customs investigation, and US investigators were not alerted to his having been detained.

Instead, he was held for a preliminary hearing on the fraud charges. Although Canadian officials feared Almarabh would not show up for any future hearings, they relented on the pledge from Almarabh's lawyer that he would be staying with his uncle, a Muslim cleric who supervised a religious school in Toronto. The uncle posted $7,500 bail for Almarabh's release.

No mention was made at the hearing that the uncle, Ahmed Shehab, shared control of the school with Mahmoud Jaballah, a man Canadian authorities had long suspected to be associated with an Egyptian terrorist group. When Jaballah was arrested in Toronto last August for being in Canada with forged immigration papers, documents filed in court by the Canadian Security Intelligence Service stated that he was a member of the extremist group Al Jihad, and had supported and ''will engage in terrorism.''

Almarabh's hearing last summer in Canada was not the first time that Canadian immigration authorities had dealt with him. In mid-1995, he was detained by Canadian officials for being in the country without a proper visa or citizenship papers. He told officials at the time that while he was born in Kuwait and had been living in recent years in the United States, he was ''stateless.'' His petition for citizenship was denied, and he returned to Boston and his life as a cabdriver. [End Excerpt….more at LINK]

Consider how RICO has ben misused in the United States.

Consider how the Government of Quebec used padlock laws against the Jehovah's Witnesses in the 1950s.

Consider how both Canada and the United States indiscriminately interned Japanese Canadian and Japanese American civilians after Pearl harbour.

Consider whether censoring the internet may someday be used by a leftist government to restrict you and I from our sometimes exhuberant criticism of leftist policies.

In the EU, legislation was rushed through which (among other things) criminalizes words-you can be sentenced to 2 years in prison for saying you are going to commit a terrorist act-treats attacks on government property and officials more seriously than attacks on ordinary people, and which as many observers pointed out, not only never defines terrorism, it criminalizes peaceful dissent. As was pointed out by many commentators, the EU parliament passed laws which they could have never gotten passed by each member states' parliaments.

In the US, only Ron Paul spoke against 'antiterrorism' bills being forced through congress which are unconstitutional and which makes asset forfeiture abuse even easier than it already is.

Now Canada.

Does anyone doubt that the intended targets of all this "antiterrorism" is not the sort of people responsible for the WTC attack, but rather people like us : Dissenters who are against the loss of national sovereignty and the loss of all power to unelected bureaucrats , be they in the EU, the UN, or the FTAA?

Well, here's a few things for you to consider : NAFTA was rammed through Congress, even though a vast majority of Americans were against it. Asset forfeiture is used as a harrassment tool and as a police fundraiser : There are over 1000 cases of AF weekly in this country, and in most cases, the person whose property is stolen is never even charged, much less convicted. Mere 'suspicion' is now enough to deprive people of property, homes, and livelihoods. In the name of the WOD, innocent civilians, some of them children, are being murdered in their own homes, and their killers walk. Look at Ruby Ridge and Waco. Hate crime legislation was passed, even though it specifically violates the equal protection clause, and makes some people 'more equal than others'. An overwhelming majority of Americans, including Hispanics and other immigrants, are against further immigration and especially illegal : And not only do our lawmakers not do anything to protect our borders, they are prosecuting US citizens in TX and AZ who are patrolling their land, and if it weren't for 09/11, GWB would almost certainly have approved a 4 million alien amnesty, and open borders (which are a part of the FTAA he wants). And don't get me started on gun control!

Those are only a few things I thought of on the spur of the moment, which makes your faith quite touching , but it does not change the facts : It is obvious that here and abroad, elements in our government are contemptuous of the citizenry's rights and beliefs, and determined to use laws to circumvent our rights and freedom. They have made the Constitution (in which I too have faith) a dead letter . Whether you blame the UN, the WTO, the UN-whatever-it is plain that some within our government are doing all they can to destroy US sovereignty, and the rights of the US citizen. They are dismantling the Constitution piecemeal, by "judicial activism", or by international treaties which subvert our Constitution (Like last December, when almost 2 dozen UN sponsored treaties were passed by voice vote and no discussion. Search in archives on "desertification" for more details, if you're interested.)

I voted for GWB, and by and large I think he's done a good job. But considering what's happened in this country over the last 8 years, I am very, very disturbed by the rush-in the name of antiterrorism-to give the government still more unconstitutional powers, not least because it's inevotable that the sheep will elecvt another WJC to the WH someday.

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