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Government hurries debate on anti-terrorism bill
Senate bill would reinstate power of preventive arrest and investigative hearings
By Leslie MacKinnon, CBC News Posted: Apr 22, 2013 2:08
MPs are debating a controversial anti-terrorism bill that would reinstate provisions for preventive arrest and investigative hearings, measures that were part of a 2001 bill but were "sunsetted" in 2007.
The bill was introduced in the Senate last year, and it's suddenly in third reading in the House, with government members debating it with a sense of urgency.
The bill will bring back two central provisions that were originally instituted by the Chrétien government after the 9/11 attacks in New York but were "sunsetted" after a five-year period.
One provision allowed for "preventative detention," meaning someone can be held in custody for up to three days just on suspicion of being involved in terrorism but without a charge being laid. The person can then be bound by certain probationary conditions for up to a year, and if he or she refuses, can be jailed for 12 months.
The second is an "investigative hearing" in which someone suspected of having knowledge of a terrorist act can be forced to answer questions, and if he or she refuses, can be imprisoned for up to 12 months. The objective of this clause is not to prosecute the person for a criminal offence, but merely to gather information.
These two provisions from the 2001 act expired after five years, but in 2007 when the government wanted to extend them for a further three years, the Liberal opposition led by then-leader Stéphane Dion refused approval. Another attempt to restore the provisions died on the order paper when an election was called.
Now the Conservative government has a majority and can reinstate the measures on its own, but the Liberals say they will support the bill. The NDP opposes the bill and is questioning the timing of the government suddenly moving the bill into an emergency-like debate, accusing it of "being asleep since December."
A crime to leave Canada to plan for terrorism
The bill, entitled the Combating Terrorism Act, also introduces a new provision, making it illegal to leave the country with the intention of committing an act of terrorism which could apply, for instance, to anyone planning on attending an al-Qaeda training camp, or plotting an act with others overseas. The new provision seems designed for arrests and charges in the early planning stages before the person even leaves Canada.
The bill also stiffens penalties for certain acts. Anyone who facilitates an act of terrorism by the communication of false information, such as the loan of a cellphone to be used for a false bomb threat, can be imprisoned for up to 14 years. The same 14-year maximum is in place for anyone who harbours or conceals someone who is contemplating or has committed a terrrorist act.
There are also changes that recognize that some of the secrecy enshrined in the original act has been challenged by the courts. The old bill allowed an investigative hearing or a sealing order for court documents to happen without any public notice if the government claimed that national security was at risk.
In the new act, there's a recognition that a federal court can make documents public. In the past, even an application for a ban on information by the government was secret. Now a court can order the application be made public.
The same five-year sunset clause is in the new bill.
If government House Leader Peter Van Loan gives notice on time allocation Monday, it's possible that the anti-terrorism bill could be voted on Tuesday night.
Senate bill would reinstate power of preventive arrest and investigative hearings
By Leslie MacKinnon, CBC News Posted: Apr 22, 2013 2:08
MPs are debating a controversial anti-terrorism bill that would reinstate provisions for preventive arrest and investigative hearings, measures that were part of a 2001 bill but were "sunsetted" in 2007.
The bill was introduced in the Senate last year, and it's suddenly in third reading in the House, with government members debating it with a sense of urgency.
The bill will bring back two central provisions that were originally instituted by the Chrétien government after the 9/11 attacks in New York but were "sunsetted" after a five-year period.
One provision allowed for "preventative detention," meaning someone can be held in custody for up to three days just on suspicion of being involved in terrorism but without a charge being laid. The person can then be bound by certain probationary conditions for up to a year, and if he or she refuses, can be jailed for 12 months.
The second is an "investigative hearing" in which someone suspected of having knowledge of a terrorist act can be forced to answer questions, and if he or she refuses, can be imprisoned for up to 12 months. The objective of this clause is not to prosecute the person for a criminal offence, but merely to gather information.
These two provisions from the 2001 act expired after five years, but in 2007 when the government wanted to extend them for a further three years, the Liberal opposition led by then-leader Stéphane Dion refused approval. Another attempt to restore the provisions died on the order paper when an election was called.
Now the Conservative government has a majority and can reinstate the measures on its own, but the Liberals say they will support the bill. The NDP opposes the bill and is questioning the timing of the government suddenly moving the bill into an emergency-like debate, accusing it of "being asleep since December."
A crime to leave Canada to plan for terrorism
The bill, entitled the Combating Terrorism Act, also introduces a new provision, making it illegal to leave the country with the intention of committing an act of terrorism which could apply, for instance, to anyone planning on attending an al-Qaeda training camp, or plotting an act with others overseas. The new provision seems designed for arrests and charges in the early planning stages before the person even leaves Canada.
The bill also stiffens penalties for certain acts. Anyone who facilitates an act of terrorism by the communication of false information, such as the loan of a cellphone to be used for a false bomb threat, can be imprisoned for up to 14 years. The same 14-year maximum is in place for anyone who harbours or conceals someone who is contemplating or has committed a terrrorist act.
There are also changes that recognize that some of the secrecy enshrined in the original act has been challenged by the courts. The old bill allowed an investigative hearing or a sealing order for court documents to happen without any public notice if the government claimed that national security was at risk.
In the new act, there's a recognition that a federal court can make documents public. In the past, even an application for a ban on information by the government was secret. Now a court can order the application be made public.
The same five-year sunset clause is in the new bill.
If government House Leader Peter Van Loan gives notice on time allocation Monday, it's possible that the anti-terrorism bill could be voted on Tuesday night.
