Two Toronto-based organizations had launch a constitutional challenge to the Conservative anti-terrorism law formerly known as Bill C-51 before an Ontario Superior Court yesterday.
The Canadian Journalists for Free Expression and the Canadian Civil Liberties Association are filing the lawsuit in response to a bill they call “overbroad” and “offensive” and gave Canada’s spy agency and police unprecedented powers to be exercised in secret.
In a joint statement, both the Canadian Civil Liberties Association and Canadian Journalists for Free Expression say sections of Bill C-51 violate the Canadian Charter of Rights and Freedoms “in a manner that is not justified in a free and democratic society.”
Bill C-51, now a law, gives the Canadian Security Intelligence Service police powers to thwart suspected terrorist plots — not just gather intelligence about them.
The two organizations also justified their filing asserting that they have public standing and interest in the issue as required by a Supreme Court ruling.
“C-51 is the most dangerous legislation we’ve had in recent Canadian history,” said Tom Henheffer, executive director of CJFE. “It will lead to a massive, massive chill on free speech, huge violations of privacy rights, and of what is constitutionally protected speech in Canada,” he said.
The Conservative government’s anti-terrorism legislation became law in June, but it’s been the subject of scrutiny and public outcry for the expanded powers it gives to police and the Canadian Security Intelligence Service without clear oversight. It is also the only piece of Canadian legislation that trumps the Charter of Rights and Freedom, a far more superior law.
The Conservatives justified the draconian legislation citing terrorist threats. The government however drew first blood by bombing Islamic militants in both Iraq and Syria. The only terrorist action so far were two or three incidents conducted by deranged individuals with serious mental health issues.
The two organizations are appealing the bill with the help of Paul Cavalluzzo, a renowned constitutional lawyer who previously served as the lead commission counsel during the inquiry into the actions of Canadian officials and Royal Canadian Mounted Police (RCMP) in relation to Maher Arar.
The Canadian government lost the case after it was discovered that the RCMP gave Americans derogatory data on Arar that led to his rendition and torture in Amman, Jordan. Despite American request, Syria refused to admit Arar.
“I feel that the government has gone far beyond the need to protect Canadians… terrorism is a problem, but that doesn’t give the government license to, in effect, run stampede over our rights and liberties,” he said.
According to Cavalluzzo they plan to challenge five sections of the bill:
- The bill attempts to give CSIS the ability to get a warrant in secret that pre-authorizes violations of the Charter of Rights.
- The group likewise raised the issue with the fact that twenty-one Canadian agencies have the authority to share or exchange personal information without any accountability or transparency.
- They also raise concerns about new provisions under the bill that give the government the ability to hold secret hearings relating to people the government is trying to deport and say the bill would limit the information available to special advocates working on behalf of the person being deported.
- The two groups also told the court they do not support Secure Air Travel Act legislation which authorizes the government to have a no-fly list with the names of Canadians and, according to Cavalluzzo, evaluates the appeals of people who have their name on list in secret without representing their interests before a judge.
- They do not agree with amendments to the Criminal Code which create a new offence of “promoting terrorism in general.” Cavalluzzo said the term is too vague and will limit journalists who write about national security.
The 20-page application goes into extensive detail about where the organizations believe the bill is unconstitutional.
CCLA executive director Sukanya Pillay said one of the biggest issues with the bill is that many of the powers it allows will be exercised in secret and without oversight.
“You have information being shared at warp speed without any review of whether it was necessary or proportional or being used solely for the purpose for which it was shared,” she said.
Henheffer called the challenge “the best chance to kill the legislation.”
“It (C-51) does so much to remove accountability and it destroys the system of checks and balances we have in this country,” he said. “It’s just stomach churning to think that these laws are being passed in Canada.”
The CCLA and CJFE are accepting financial support for the charter challenge online at http://www.gofundme.com/c51ontrial
