Canada Anti-Terrorism Laws: Harper Conservatives Will Reintroduce Controversial Measures

Canada Terrorism Crime Provisions Bill Harper

First Posted: 09/06/11 10:07 PM ET Updated: 11/06/11 05:12 AM ET

UPDATE: Liberal interim leader Bob Rae told reporters in Ottawa Wednesday that if Prime Minister Stephen Harper wanted to bring back the measures he would face a “good debate” in Parliament.

“The Prime Minister needs to explain to us why if these measures were so important and necessary they were not in place for four years,” Rae said. “Is the Prime Minister saying that for the last four or five years we were at risk, at greater risk because the measures have not been in place?”

NDP MP Paul Dewar said in an email to Huffington Post Canada on Tuesday that Harper's plan isn't necessary.

“Stephen Harper's plan to reintroduce these draconian provisions simply isn’t backed up by the facts. The government has produced no evidence to justify this move. Security is obviously important to Canadians, and we can make Canada secure without resorting to measures like these.

“In fact, the former Director of CSIS Reid Morden has said that these provisions were needless and crossed the line between state security and individual rights.”

Harper tried to re-introduce the police-broadening powers in 2008, but his efforts failed in 2008 because the Conservative minority government didn’t have the required seat count. Now that Harper has a majority in both chambers, the hurdle he once faced is no longer an obstacle.

The Liberal caucus was divided over the necessity of the measures four years ago, with some MPs who agreed with the governing Tories sitting out the vote.

The Conservative government will reintroduce controversial anti-terrorism measures that were allowed to expire amid privacy concerns and Charter rights complaints, Prime Minister Stephen Harper confirmed to the CBC Tuesday.

On the eve of the 10th anniversary of the 9/11 terrorist attacks, Harper told CBC’s Peter Mansbridge that Canada needs better tools to combat the ongoing threat of major acts of terrorism and Islamist violence.

Among other controversial measures expected to be made law again are preventative arrests and the ability to force individuals to testify at “investigative hearings” if officials suspect they have knowledge of terrorist activity.

“That is our plan (to reintroduce the measures). We think those measures are necessary. We think they've been useful. And as you know, they're applied rarely, but there are times where they're needed,” said Harper in an interview to be broadcast in its entirety Thursday.

The measures were initially included in the Liberal government’s anti-terrorism act passed soon after 9/11 under then prime minister Jean Chrétien. The controversial provisions of the bill were allowed to expire five years later after a majority of Parliamentarians voted not to reinstate them.

The NDP was especially adamant that the measures were a breach of fundamental freedoms and compromised key features of Canada’s justice system and Charter of Rights and Freedoms.

Investigative hearings provide officials with a way to force someone suspected of having information about terrorist activity to testify before a judge. Preventive detention allows the state to incarcerate anyone suspected of involvement in criminal activity without having to prove allegations. Both provisions gave the government far too much power, the NDP argued.

“Not everyone who chooses to remain silent is guilty. People may have very legitimate fears and concerns, such as fears and concerns about their own personal safety,” then NDP MP Bill Siksay told the House of Commons in 2008 when the Tories first tried to reintroduce the measures.

“Jailing people because we think they might do something criminal is very problematic, to say the least,” he added.

But Harper suggested the measures are a rational response to very real threats faced by Canada.

“The major threat is still Islamicism. There are other threats out there, but that is the one that I can tell you occupies the security apparatus most regularly in terms of actual terrorist threats,” Harper said.

“Now, as we've seen in Norway, terrorist threats can come out of the blue. It can come from something completely different, and there are other groups and individuals that if given the chance would engage in terrorism. But that one is probably still the major one,” he noted.

The Prime Minister said Canada not only faces threats from outside its borders, but also from within, in the form of homegrown terrorists.

“When people think of Islamic terrorism, they think of Afghanistan, or maybe they think of someplace in the Middle East, but the truth is that threat exists all over the world. We've seen some recent bombings in Nigeria, domestic Nigerian terrorists,” Harper said, adding “Homegrown is also something that we keep an eye on.”

In its annual report tabled in June, the Canadian Security Intelligence Service (CSIS) noted that the main threat to Canada continues to be Islamist violence.

"Canada is a tangible target for Islamist extremist-inspired violence," CSIS Director Richard Fadden wrote.

The service was also concerned about terrorist plots being planned by individuals or groups "we do not know about," Fadden said.

Photo: The CBC's Peter Mansbridge chats with Prime Minister Stephen Harper


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10:34 AM on 09/11/2011
Hey Mr Harper, this is Canada, right, the place where we believe in human rights...the G20 showed us your storm troopers and lots of innocent people got treated like crap and got their rights violated. Funny I didn't see a bunch of Islamic people in that crowd. Do you have a Anti Islamic hiring policy for your thugs?
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HUFFPOST SUPER USER
ProgressiveCDN
A Progressive Moderate
05:20 PM on 09/08/2011
This is so shameful.. At least Chretien had an excuse right after 9/11.. but 10 years later, with barely one thwarted plot in Canada. This is nothing more than a power-grab­, that smacks of the G20 protest. Any excuse to waste gov't funds on policing while taking money away from Environmen­t Canada and other worthy institutio­ns...

http://lib­erallibra.­wordpress.­com/2011/0­8/26/harpe­rs-governm­ent/
02:56 PM on 09/08/2011
Damn canadiens don't want to be left behind. Preventative arrests? Gotta love the spunk. Like the Fed raising rates to unemploy workers as a pre-emptive strike against inflation. Also works great for wars as G. Bush demonstrated.

Forced testimony. A real favorite. You know something we are certain, yet confused as to just what it is you know. So if you don't ... .Now to save money we will only coerce during regular working hours. Afterall this is Canada.
02:28 PM on 09/08/2011
No government, especially a democratically elected one, should have the power to arrest and detain a citizen for any length of time without a warrant, charges and the right to legal council.

If the evidence is so persuasive to elicit detaining someone without warrant or charges, then it should hold up to the scrutiny needed to get a warrant. If it doesn't pass that test, then chances are there is not enough evidence.

Giving up so basic a human right is the name of "safety" to combat some nebulous threat that in 10 years since 9/11 has failed to materialize is foolhardy. Even if there had been acts of terrorism be they domestic or foreign, they are not warranted.

Ask the Guilford 4 how the combination of public fear and draconian laws like the Prevention of Terrorism Act (sound familiar) giving the police the arrest on suspicion of terrorism(again familiar?) and detain for up to 5 day (hmm I sense a theme here) worked out.
11:29 AM on 09/08/2011
A large issue with this kind of incremental 'police-state' legislation is its context. Is it temporary or permanent? If permanent, a concern for a 'free society' must be whether it is 'balanced' by other legislation that takes account of legitimate 'civil liberty' issues. And for legitimate 'balances' to be effective, this raises concerns of government 'transparency'. The red flag for Canadians (that value a 'free society') is that the Harper Government is becoming not only the most 'authoritarian' in living memory, it is already the most secretive in living memory. If Canadians truly want an authentically 'free society', this trend must be a rising concern.
07:34 AM on 09/08/2011
about 1700 days to go till next election---and the end of harperism
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
11:22 PM on 09/07/2011
Harper learned his lesson from Bush, and has begun fearmongering to try to make us accept this nonsense.
canuckjen
A life that is lived is a life of evolution.
12:46 PM on 09/11/2011
He's getting helped by a lot of the new conservative bloggers on Huff post who have severe moderation of comments on their pages giving the impression that Huff Posters agree with their points of view.
10:23 PM on 09/07/2011
This is the politics of control.

This is the politics of authoritarianism.

This is the politics of fascism.
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
11:23 PM on 09/07/2011
Yup...the US has headed down that path and it looks like Harper wants to follow.
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BCSLAVE
Got a key?
09:19 PM on 09/07/2011
What about evanglism? Wasn't that guy in Norway one of them? By the way isn't that Jack Black in the green body armour in the photo?
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HUFFPOST SUPER USER
Whistlejackett
Hey stop doing that
07:01 PM on 09/07/2011
Some Home Grown Terrorist live in Ottawa

Fight For a New World http://youtu.be/0QS3uyThYCE Blame it on my ADD baby
This user has chosen to opt out of the Badges program
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05:20 PM on 09/07/2011
Well his racist supporters are certainly going to love him for that.
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HUFFPOST SUPER USER
ProgressiveCDN
A Progressive Moderate
05:12 PM on 09/07/2011
This is so shameful.. At least Chretien had an excuse right after 9/11.. but 10 years later, with barely one thwarted plot in Canada. This is nothing more than a power-grab, that smacks of the G20 protest. Any excuse to waste gov't funds on policing while taking money away from Environment Canada and other worthy institutions...

http://liberallibra.wordpress.com/2011/08/26/harpers-government/
04:31 PM on 09/07/2011
It blows my mind that Canadians continually vote for this.
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
11:24 PM on 09/07/2011
We don't. He got in with less than 40% of the vote. it's unfortunate that the left-side vote was split while there is only one right-side party.
03:47 PM on 09/07/2011
oh boy..lets keep the fear alive...NDP/Liberal merger so we can vote these guys out next election..
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HUFFPOST SUPER USER
ProgressiveCDN
A Progressive Moderate
05:14 PM on 09/07/2011
I agree!
I'm with a grassroots movement for promoting the merger.

Please Read: http://liberallibra.wordpress.com/2011/08/03/liberals-the-ndp/
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
11:25 PM on 09/07/2011
I'd like to see that...or an NDP/Liberal/Green merger.
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HUFFPOST SUPER USER
Christina Robins
03:03 PM on 09/07/2011
So what's next Harper...jailing young men of colour because they may or may not be gang members... looks like having anything other than pure white skin is a detriment in Canada now...when exactly did we turn into the USA in the 1950's. With Harper's racist laws, I see nothing good in the near future for Canada. This is not just a slippery slope we are heading down, this could finally wipe out everything that Canada stands for, and if you think I am being hysterical or exaggerating, read your history or we are doomed to make it our own. Does this not violate our Charter of Rights and Freedoms?
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HUFFPOST SUPER USER
ProgressiveCDN
A Progressive Moderate
03:45 PM on 09/07/2011
Thank You Christina!! Of course it violates our Charter of Rights and Freedoms!

But we all know who created that brilliant legislation... One, Pierre Trudeau, and we all know how much these Neo-Cons hate Trudeau.

Harper is setting Canada back 50 years! If he had his way he'd probably remove all the banking regulations too! Let us suffer like the Americans and Europeans... It's disgusting!

Read More Here: http://liberallibra.wordpress.com/2011/08/26/harpers-government/
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
11:26 PM on 09/07/2011
He tried to remove the banking regs...fortunately he didn't have enough time before the world economy got clobbered. Then he took credit for those same regulations...