The B'nai Brith Canada Institute for International Affairs has a mandate to protest the abuse of human rights throughout the world and advocate on behalf of worldwide Jewish communities in distress. The Institute has a special focus on pro-Israel advocacy and education.
Rochelle Wilner President	Frank Dimant Chief Executive Officer	Amos Sochaczevski National Chair	Ruth Klein National Director

COMBATTING TERROR

Submission to the Justice Committee
on Bill C-36 ~ Anti-Terrorism Act

1. Sunset Clause

While we recognize there are aspects of the Bill that may go too far in constraining civil liberties, it is painfully evident, especially post September 11^th, that the threat of terrorism is real and immediate and there needs to be a real and immediate response. It is possible, though, that in three years time, national and global circumstances may have changed significantly and it was, no doubt, with this consideration in mind that the government has proposed a legislative review after that time period.

Naturally, any expansion in the power of the government that might impact negatively on civil liberties must be examined with caution. The Jewish community has had bitter historical experience of the negative potential of augmented governmental authority. Even in contemporary times, international institutions created to pursue the highest ideals are being perverted to advance a highly politicized anti-Zionist agenda that foments antisemitism and racism. We cannot assume that giving greater power to the authorities, even for the best purposes in the world, can ensure the stated results.

In order to address these concerns and to offer additional safeguards to counter potential discriminatory application of the provisions found in C-36 or potential abuse of power, the Bill needs a sunset clause. This clause should not, however, be applicable to the whole Bill, but it should at least apply to the provisions allowing arrest without charge, weakening the right to silence and ousting the jurisdiction of the Access to Information Commissioner and the Privacy Commissioner. We strongly recommend that the sunset clause should not apply to Sections 10, 12 and 13(2) of the Bill, which strengthen anti-hate provisions in the Criminal Code and the Canadian Human Rights Act. These amendments should be a permanent part of our legislative structure no matter what level of terrorist threat exists.

Table of Contents § Preface § Sunset Clause § Non-discrimination Clause § Retrospectivity Clause § Additional Hate Crime Provisions
Definition of Terrorist Activity § Financing Terrorist Activity § Amendments to Other Acts § Summary of Recommendations

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