Category Archives: Law

Bill C51- Canada’s new anti-terrorism legislation

“An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts”

A Google search on the new legislation will get you pages of polarized opinion, wailing and gnashing of teeth, but very little to no substance on the bill itself. To read the actual legislation pending third reading, rather than listen to a coterie of people and groups who know little to nothing of its content, click on this PDF link. The legislative summary-pre-release for the 41st Parliament Second Session has only just become available (March 9, 2015), and is not yet posted. Copies are available upon request from info@parl.gc.ca The text below is the cover text for the bill. Click the link in this paragraph for the complete text of the bill.

COVER:

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts”.

SUMMARY

Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.

Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take any necessary actions to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.

Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.

It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.

Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,

(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.

And if there is any doubt as to why you should find out for yourself what’s in the bill, here is what some of the citizens of Toronto who are protesting the bill think:

(video courtesy The Rebel TV and @TheRebelTV)

Gallery

Social media, content re-distribution, copyright and info chill…

By Stephen D’Allotte, March 12, 2015. Editorial Times We’ve been giving a lot of thought recently about how, in this new era of digital media, information and content are used and presented to the world at large. We’ve had to … Continue reading

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Krayewski: Blurred Lines – Prepare for Endless Frivolous Copyright Lawsuits

Blurred Lines: Prepare for Endless Frivolous Copyright Lawsuits What Pandora’s box of litigation did the ruling in favor of Marvin Gaye’s estate in the “Blurred Lines” lawsuit open? By Ed Krayewski, March 12, 2015, Reason.com  The Internet appeared to rejoice … Continue reading

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Kheiriddin: This isn’t about the right to choose a burka over a bikini. It’s about a country’s values

This isn’t about the right to choose a burka over a bikini. It’s about a country’s values By Tasha Kheiriddin, March 11, 2015, National Post Full Comment Political parties can’t be all things to all people, nor should they. Instead, … Continue reading

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Vladeck: The Iran Letter and the Logan Act

Editor’s note: The following post (from Vladeck’s blog Lawfare) is a summary analysis of the essence of a current petition being hosted on the White House website, as discussed here. Sen Tom Cotton, lead signatory to the letter, outlines the … Continue reading

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HotAir: DOJ report totally vindicates Darren Wilson in Michael Brown shooting

Must read: DOJ report totally vindicates Darren Wilson in Michael Brown shooting by “Allahpundit”, March 4, 2015 I barely glanced at this in posting it to Headlines because I thought I already knew what it would say. Holder’s whining last … Continue reading

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McCarthy: I’m Glad Obama Skipped Paris

  I’m Glad Obama Skipped Paris He doesn’t really believe in protecting speech critical of Islam. By Andrew C. McCarthy January 13, 2015.  National Review Online Unlike many conservatives, I was not outraged when President Obama directed the Justice Department … Continue reading