By Barry Ellsworth
TRENTON, Ontario
Two organizations announced Tuesday they are filing a lawsuit to challenge Canada’s new controversial terrorist legislation.
The Canadian Civil Liberties Association and the Canadian Journalists for Free Speech said in a joint statement that Bill C-51 presents “disturbing implications for free speech, privacy, the powers of government … and the protection of civil liberties in Canada.”
The legislation went into effect June 18, despite fierce opposition from law and civil rights activists, prominent civil servants, former Supreme Court justices and past Canadian prime ministers, as well as citizens at large.
Critics argue the bill will allow the Canadian Security Intelligence Service to get a warrant in secret and that it empowers 21 Canadian agencies to share information without any accountability.
As well, the government can hold secret hearings on deportation and limit information to those who represent the people who are the target of deportation.
It also allows the government to put suspects on a no-fly list in secret without first gaining authorization from a judge.
Finally, critics charge the bill allows amendments to the Criminal Code that creates a new “promoting terrorism in general” offence that will limit reporting by journalists and could put all protest groups – not just terrorists – under its umbrella.
“Bill C-51 is a grave threat to our rights in Canada,” Tom Henheffer, executive director of the journalists’ organization, said in a statement on the group’s website. “It will lead to censorship and a massive chill on free expression, and enables potentially widespread abuse of power. It unjustifiably infringes on the rights of all Canadians without making our country any more secure, and must be struck down.”
Sukanya Pillay, executive director and general counsel of the liberties association, said the bill “creates broad and dangerous new powers, without commensurate accountability, and this can result in serious mistakes.”
The government has said the bill is necessary to protect Canadians from the threat of terrorism and its provisions will not be used injudiciously. But critics say the lack of accountability and vague language of the bill opens the door for abuse.
“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,” said Paul Cavalluzzo, a constitutional lawyer who is helping in the bill appeal, the Toronto Star reported.
The lawsuit will be heard by the Ontario Superior Court, but no date has been set.
