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Harper’s C-44 ‘anti-terror’ bill contrary to recent court rulings

Naomi Klein’s book Shock Doctrine: The Rise of Disaster Capitalism describes how ‘leaders exploit crises to push through controversial exploitative policies while citizens are too emotionally and physically distracted by disasters or upheavals to mount an effective resistance’. The Globe and Mail reports, “[C-44], drawn up months ago, was tabled in Parliament just five days after a gunman shot an Ottawa soldier and breached the main hall of Parliament’s Centre Block before being killed by security guards.”

What’s in C-44, the ‘Protection of Canada from Terrorists Act’? 

It would:


  • shield the identities of informants in court proceedings

  • authorize the Canadian Security and Intelligence Service (CSIS) to eavesdrop in foreign countries.

In effect, shielding the identities of informants means confidential intelligence sources (of questionable reliability) would not have to be identified in court proceedings, even to the judge. And CSIS eavesdropping in foreign countries means CSIS could share information on Canadian suspects with intelligence agencies in the US (the CIA), UK (MI5), Australia and New Zealand.

The news article notes, “The Supreme Court [has] declined to give CSIS informants a ‘class privilege’ intended to better shield their identities in court proceedings. And, last year, Federal Court Judge Richard Mosley reined in a telecommunications-intercept power – known in CSIS lexicon as a ‘DIFT’ or ‘domestic interception of foreign telecommunications’ warrant.”

The NDP has expressed concern about the effect the changes could have on “judicial proceedings”, while the Liberals are wary of the proposed changes and have said, “The government has an obligation to explain how existing laws are being used or not used”.

The Harper government is also “considering additional powers or measures for police and agencies who monitor terror groups”, lowering the threshold for preventive arrests and “considering measures to crack down on individuals who openly support terrorist attacks on this country or groups that call on aggressors to attack Canadians and Canadian soldiers”. 

Globe and Mail columnist Lawrence Martin comments, “There’s no certainty that the attack on Parliament Hill, while no 9/11, will engender a big popularity bounce for the Prime Minister. It may be short in duration, but patriotism is overflowing in this land right now. In times like these, people want a strongman. Security becomes a top-drawer issue. It all plays perfectly to the politics of Mr. Harper, who is being lauded for his handling of the crisis. …Opponents preparing for the next election might pause to wonder how the fates have performed for Mr. Harper during previous campaigns.”

The federal election – scheduled for October 19, 2015 – is now less than a year away.

To date, the Harper government has not introduced new funding or measures to support mental health and drug addiction services for at-risk individuals.

Further reading
Tories’ Anti-Terror Bill C-44 Extends CSIS Source Protection, Judicial Warrant Powers (Canadian Press news article)
CSIS powers beefed up under new bill tabled by Steven Blaney (CBC News article)
Canada’s spy agency hasn’t made credible case for more powers (Toronto Star editorial)