
© Adrian Wyld/The Canadian PressPublic Safety Minister Vic Toews rises in the House of Commons.
The Harper government is using the Boston Marathon bombing to expedite the passage of a relatively slow-moving bill that would restrict civil liberties in the name of fighting terrorism.
Some of the measures in
S-7, the Combating Terrorism Act, have previously been law but expired because they were so-called sun-set provisions introduced in the wake of the Sept. 11, 2001 terror attacks.
The Conservative have cleared time in their legislative agenda Monday and Tuesday to conduct third-reading debate on S-7, legislation that would authorize police to pre-emptively detain Canadians and hold them for up to three days without charging them.
The bill would also allow authorities to imprison a Canadian for up to 12 months if they refuse to answer questions posed by a judge in what are called investigative hearings.
The Conservatives want to use the debate to highlight their get-tough approach on terrorism.
"The horrific bomb blasts at the Boston Marathon and the terrifying aftermath that crippled the city have again demonstrated what terrorists strives for: the deliberate infliction of death or suffering upon innocents to further some misguided cause," Candice Bergen, Parliamentary Secretary to the Minister of Public Safety, said in speaking to the legislation in the Commons.
"I hope, as I am sure all members of this House hope, that Canada will never suffer as Boston has suffered last week. What we can hope, however, is that if Canada does become a target of terrorism, we will act as Bostonians have done and show the world that fear will not define us."
The legislation would also make it a federal crime to leave, or try to leave, Canada for the purpose of committing terrorism or attending a terrorist training camp.
"These new offences and the penalties for these offences would send a strong signal that such conduct is unacceptable," explained Ms. Bergen.
The Conservative majority in the Commons will be able to pass this legislation despite opposition and the bill is also supported by Justin Trudeau's Liberals.
S-7 was introduced in the Senate in early 2012 and passed third reading in the Senate in May 2012. It's slowly moved through the Commons since and is at third reading now.
The NDP is the only major party in the Commons opposing S-7, alleging the measures it resurrects have "proved unnecessary and ineffective" in the past.
York-South Weston NDP MP Mike Sullivan argued that Canada is going to far and offered his warning on how the new "preventative detention provisions" might work.
"This was in a previous act and never used," Mr. Sullivan said. "Police have managed without this measure to stop terrorists."
He offered a example of what he fears.
"I like to refer to good old Uncle Alberta in Moose Jaw whose nephew for whatever reason is suspected of some kind of terrorist act," he said.
"Because they can't find the nephew, the police come to Uncle Albert's door and put him in jail, for a day," the MP said.
"Then [they] take him before a judge and argue that Uncle Albert might know where the nephew is so we can't let Uncle Albert have any more guns. We can't let Uncle Albert leave the country because we have to be able to interrogate Uncle Albert in Moose Jaw, who's done nothing. The police don't suspect him of any terrorism. He just happens to be the uncle of the nephew whom they do suspect."
The Conservatives said there will be careful protections against indiscriminate use of these detention provisions.
Mr. Sullivan said he doesn't trust these provisions.
"So then what happens? Uncle Albert ... because he's from Moose Jaw, and because he's a farmer and because he's gotta keep the varmints off his property, [he says] 'I can't give up my firearms. I am not giving up my firearms. I refuse.'"
"[So they] put him in jail for up to 12 months. That's the kind of thing that could happen to Uncle Albert in Moose Jaw who has absolutely no terrorist inclination whatsoever. But because he's related to somebody the police are only investigating. Because they suspect there might be some kind of terrorist activity, Uncle Albert is put in jail for up to 12 months.
"That's not the Canada I want to be a part of," Mr. Sullivan said.
"Part of [our] rights and freedoms is to have the right and freedom to not be imprisoned without a conviction, without a trial."
"That goes too far."
Ms. Bergen said however there are safeguards in the bill. "The investigative hearing and the recognizance with conditions have several due process guarantees built into them and require annual reporting on their use by all governments, federal and provincial governments."
During the late 80's and 90's, Canada had the highest bombing rate in the world after the IRA and friends slowed down thanks to some turf wars in Quebec mostly. There was that PLQ thing too back in the 70's. The early 80's saw plenty of "eco" terrorists and I remember something of a bomb at Littens(they made nav systems for missles). Terrorism seems to have been redefined in Canada. And the world. The only rights you have are what your told. Just like the rest of the world. It's all moose $&!t. Canada just does what it's told. And now you do what they tell you....
Cheers