Combating Terrorism
"What much of the anti-terrorism legislation is meant to do is to catch people before they actually engage in this type of act and the courts have set a fairly high bar for evidence to that effect.
"Basically the courts have said, if you're asking me to convict someone before they actually do something, you better have some pretty good evidence. ... So the courts take this legislation fairly seriously."
The Bill "prevents the foreign fighter problem, lowers the threshold" of proof so anyone considering training abroad to commit terror can be prosecuted, not just anyone who actually succeeds in committing an act of terror.
Queen's University and Royal Military College terrorism expert Christian Leuprecht
"In terms of legitimacy and the appearance of fairness, I think the public is going to accept a regular arrest much more easily than they will a preventive arrest." Travel for the purpose of terrorism as a new Criminal Code offence represents a "relatively positive" development.
"It's preferable to the sort of stuff we saw with (Maher) Arar and other Canadians who were tortured abroad, in part, because we were sharing information with countries that don't respect human rights."
Law Professor Kent Roach, University of Toronto
Done. It's law. Preventive arrest provisions in the government's Combating Terrorism Act is soon to become law, with royal assent. Members of Parliament voted 183 to 93 in favour of Bill S-7, supported by the Liberals. The bill makes provision for investigative hearings, allowing courts to compel a witness to disclose what they know about a potential terrorist event. Even if they haven't been charged.
That hearing could be held in secret. Anyone who refuses to comply could be risking arrest. And that sounds pretty useful in theory. Preventive arrest will mean someone suspected of involvement in terrorist activities will be brought before a judge who has the authority to impose conditions on their freedom. Including being excluded from communicating with a suspect. Refusing to comply could result in a one-year jail sentence.
Above all, these new provisions make it a crime under Canadian law to make an effort to leave the country for the purpose of engaging in terrorist activities. The penalty can be up to ten to 14 years in prison. Anyone giving haven to an individual involved in terrorist activities will also face stiff penalties under the extended law. Most terrorism experts are in support of the bill, while some find reason to criticize it.
Overall, it seems that this new strengthening of the law will have its benefits to the safety and security of the country. In view of the incidents of attempts to commit violence by disaffected people who sign onto the principles of violent Islamism out of religious fervour or aggressive pay-back for perceived assaults against Islam, it is a series of measures whose time has come.
Labels: Defence, Government of Canada, Justice, Security, Terrorism
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