CJFE calls on Justice Minister to revise Anti-Terrorism Bill

13 November 2001

The Honourable Anne McLellan P.C., M.P.
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8

Dear Ms. McLellan:

Shortly after the Sept. 11 terrorist attacks on the United States, Canadian Journalists for Free Expression wrote you to express our concern over the Government's plans to introduce sweeping omnibus anti-terrorism legislation.

Bill C-36, the Anti-terrorism Act, has now been introduced in the House of Commons. We are pleased that some of the concerns raised by CJFE and others, such as those regarding the possibility of curbs on encryption technology, appear to have been addressed. We also applaud the Government's regard for the principles of due process and judicial review, which are clearly visible in numerous sections of the bill.

However, now that we have had a chance to review Bill C-36, we are seriously concerned about several sections which constitute serious assaults on the principles of free expression. A brief outlining our views has been forwarded to the House of Commons Standing Committee on Justice and Human Rights. We are pleased to enclose a copy.

CJFE believes the bill remains deeply flawed and should not be passed without significant changes to protect the right of Canadians to freedom of expression and the ability of journalists to go about their work. As you will note in the enclosure, we have made specific recommendations for amendments, additions and deletions. We urge you and your staff to give careful thought to them. We also question the need to rush passage of a bill that makes significant inroads on long-standing principles of Canadian justice, in the absence of a demonstrably imminent threat to Canada or Canadians. We urge you to allow more time for Canadians to consider, debate and make representations on this legislation.

At several points in our submission we warn of the potential for abuse of authority, which we believe the bill expands. We do not, of course, wish to ascribe sinister motives to any members of the current government. However, we are sure you will agree that strong legislative curbs on authority and the principle of judicial and parliamentary oversight have served Canada well. It is vital that such safeguards be preserved against the possibility of less well-intentioned individuals ascending to positions of authority in the future.

Indeed, history suggests that enhanced powers entrusted to law enforcement agencies do not remain dormant. Ms. McLellan, we believe that if these powers become law, they will be used, whether against terrorists or for other purposes not necessarily contemplated in the current debate. And if they are used, there is a strong probability that they will in some manner be abused -- whether willfully, through human error, or as a result of conflicting interpretations.

For these reasons it is essential, as we said in our earlier letter to you, to keep one of our most hallowed legal principles paramount -- the citizen's right of appeal and review.

As always, CJFE is willing to discuss these or other freedom-of-expression issues at your convenience.

Yours truly,

Arnold Amber
President

To view CJFE's brief in its entirety click here.

To view CJFE's press release regarding the bill, click here.

To view CJFE's previous release regarding the anti-terrorism bill, click here.

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