OTTAWA — The incoming Liberal government says it will repeal "problematic elements" of Stephen Harper's anti-terrorism law, known as C-51. A look at 10 things the Liberals are expected to do in the revamped legislation, based on party platform promises and amendments proposed during parliamentary hearings:
— Guarantee that all Canadian Security Intelligence Service warrants respect the Charter of Rights and Freedoms. This would roll back provisions allowing CSIS to disrupt terror plots through tactics that contravene the charter as long as a judge approves. Critics have called the provisions an extraordinary inversion of the judicial role to uphold — not sanction violations of — the charter;
— Require the Security Intelligence Review Committee, the watchdog over CSIS known as SIRC, to examine all activities the spy agency carries out under its new threat reduction mandate and have the committee provide an annual report to the public safety minister and Parliament on its findings;
— Establish a security-cleared, all-party, national security committee that would have access to any relevant information under the control of federal departments and agencies. This would help broaden review of security activities, given that each watchdog is now largely limited to keeping an eye on a single agency. For instance, SIRC can monitor CSIS activities but it is generally forbidden from peeking over the shoulder of other agencies, even if CSIS has dealings with them;
— Require the government to review all appeals by Canadians on the no-fly list. A person on the list can ask the public safety minister to remove their name, but the minister is not bound to reply. If no ministerial reply is made within 90 days, it is registered as an automatic decision not to remove the person from the list;
— Narrow overly broad definitions, such as "terrorist propaganda." The law gives judges the authority to order seizure of terrorist propaganda as well as its removal from Canadian websites. Such propaganda is defined, in part, as "any writing, sign, visible representation or audio recording that advocates the commission of terrorism offences in general.";
— Require the federal privacy commissioner to submit an annual report to Parliament on information sharing — a check on new provisions that significantly expanded the exchange of material across federal agencies about activity that "undermines the security of Canada.";
— Limit the powers of the Communications Security Establishment, Canada's electronic spy service, by requiring a warrant to engage in the surveillance of Canadians. CSE is already prohibited from targeting Canadians with its vast spying capabilities, but acknowledges it cannot monitor global communications in the modern era without gathering at least some Canadian information. Currently the defence minister can authorize CSE activities that would otherwise risk breaching the Criminal Code provision against intercepting the private communications of Canadians;
— Require a statutory review of the full anti-terrorism law after three years;
— Prioritize community outreach and counter-radicalization efforts by creating the Office of the Community Outreach and Counter-radicalization Co-ordinator;
— Once the Liberal bill is tabled, undertake broad public consultations to seek input from subject-matter experts and Canadians generally.
Jim Bronskill, The Canadian Press
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