UPDATE: Vote against preventive arrests and investigative hearings

posted on February 15, 2007 | in Category Bill C-36 | PermaLink

Original author: Brent Patterson Source: The Council of Canadians Website URL: [link] Date: February 15, 2007 ACTION ALERT UPDATE: Vote against "preventive arrests" and "investigative hearings"

Dear chapter activists, The Canadian Press is reporting today that, "Former public safety minister Anne McLellan, former finance minister John Manley and former justice minister Irwin Cotler said the (C-36) measures (of "preventive arrest" and "investigative hearings")...should not be allowed to lapse as Liberal Leader Stéphane Dion has suggested." The news story also notes, "The measures have a built-in sunset clause that requires Parliament to review and extend them every three years. Their new expiry date is March 1." Originally the vote in the House of Commons on these two provisions was to have taken place on Tuesday February 13 because the provisions were set to expire on Friday February 16. It now appears that the vote will take place sometime within the next two weeks given, for technical reasons, a new expiry date of Thursday March 1.As such, it is not too late to act on our ACTION ALERT: Vote against "preventive arrests" and "investigative hearings" which you can access on the Council of Canadians website at [link] Thanks, Brent -- ACTION ALERT: Vote against "preventive arrests" and "investigative hearings"

Prior to Thursday March 1, the House of Commons will be voting on two controversial provisions of C-36, Canada's Anti-Terrorism Act, which became law on December 18, 2001. Originally the vote on these two provisions was to have taken place on Tuesday February 13 because the provisions were set to expire on Friday February 16. It now appears that the vote will take place sometime within the next two weeks given, for technical reasons, a new expiry date of Thursday March 1. The two provisions within C-36 are 1) "preventive arrest" without bail for 72 hours and 2) "investigative hearings" of material witnesses. The "preventive arrest" clause enables police to arrest suspects without warrant and detain them for several days without charge if authorities have reason to believe a terrorist act will be committed. The "investigative hearings" provision allows judges to compel individuals to testify in terror cases. These provisions are subject to a five-year sunset clause in C-36 and are now set to expire by Thursday March 1 unless a Conservative government motion to renew these clauses for a three-year period is approved by the House of Commons and Senate. The NDP, Bloc Quebecois and Liberals say they will vote against the renewal of these powers. However, on Thursday February 13 the Canadian Press reported that, "Former public safety minister Anne McLellan, former finance minister John Manley and former justice minister Irwin Cotler said the measures ("preventive arrest" and "investigative hearings")...should not be allowed to lapse as Liberal Leader Stéphane Dion has suggested." As such, it is even more vital now that activists be in touch with their Member of Parliament to ensure that these provisions are not renewed. In a November 27, 2001 open letter to then-Justice Minister Anne McLellan, Maude Barlow wrote, "Bill C-36 is simply too broad and too vaguely worded to allow for the freedom of expression that is so important in a democratic society while addressing potential terrorist threats." Her full letter can be read at [link] Maude Barlow also wrote in Too Close for Comfort, "C-36 gives security services sweeping new powers to arrest and detain a suspected terrorist without charges for up to seventy-two hours; carry out preventive arrest without warning; compel a person believed to have information about terrorism to testify before a judge, thereby removing an individual's right to remain silent..." And at the Council of Canadians' "Crossing the Line: A Citizens' Inquiry on Canada-U.S. Relations", Denis Barrette, a lawyer with the Ligue des droits et libertes, told us, "The Anti-Terrorism Act is primarily used for intimidation: if you don't cooperate, authorities threaten you with a preventative 72-hour detention before sending you to a judge, who will force you to answer questions." ACTION

Chapter activists are encouraged to contact their Member of Parliament today and encourage them - through our website at [link] - to vote against the "preventive arrest" and "investigative hearing" provisions of C-36. For the e-mail address of your Member of Parliament, go to the Council of Canadians website at [link] Dear , As a member of the Council of Canadians, I encourage you to vote against the "preventive arrest" and "investigative hearing" provisions of C-36. I feel that these provisions unfairly restrict the civil liberties of people in Canada. Preventive arrest is primarily used for intimidation: if you don't cooperate, authorities threaten you with a preventative 72-hour detention. Investigative hearings compel a person believed to have information about terrorism to testify before a judge, thereby removing an individual's right to remain silent. I trust that you will vote against the three-year extension of these controversial provisions. Thank you. Thanks, Brent Brent Patterson Director of Organizing The Council of Canadians 700-170 Laurier Avenue West Ottawa, Ontario K1P 5V5 1-800-387-7177 ext. 291 [email] [link]