ANTI-TERRORISM LEGISLATION MUST BE STRENGTHENED WITHOUT JEOPARDIZING HUMAN RIGHTS

B’nai Brith legal experts suggest ways of enhancing Bill C36’s effectiveness

October 17, 2001

For Immediate Release

Toronto, October 17, 2001… The Government’s proposed anti-terrorism legislation is an important step forward in the struggle against terrorism both in Canada and worldwide, but it needs to be strengthened further according to B’nai Brith Canada proposals. The organization’s team of legal experts has identified key areas that need bolstering, as well as possible concerns regarding restrictions on individual freedoms.

Rochelle Wilner, National President of B’nai Brith Canada, commended the government for its commitment to countering terrorism: “We understand that our government has not tabled this legislation lightly without a full appreciation of the importance of upholding individual rights and freedoms, but we are also very cognizant of the fact that these are extraordinary times which require extraordinary measures. We are concerned that while Bill C36 amends many different pieces of legislation, it leaves both the Citizenship Act and the Immigration Act virtually untouched. A more integrated approach would strengthen this legislation and the protections it offers.”

Frank Dimant, Executive Vice President, cautioned that “there must be safeguards to prevent the discriminatory application of the provision establishing a list of terrorist entities. It would be tragic if the intent of this legislation were to be subverted by the type of discourse that attempts to distinguish between the September 11^th terrorists and terrorists who kill civilians in Israel. That sort of reasoning would be unconscionable. The law under discussion must be applied in a non-discriminatory way so that anti-Israeli terrorist groups fall under its sway in the same way as any other type of terrorist organization.”

David Matas, Senior Legal Counsel to B’nai Brith Canada, advised: “The Criminal Code provisions in the Bill should have a retrospectivity clause. A person should be liable to prosecution for any of the offences created under the Bill, even if the person committed the offence before the present Bill becomes law, as long as the act was an offence under international law at the time the act was committed. Without that clause, we cannot ensure that all persons implicated in the September 11^th outrages can be brought to justice under the legislation as it now stands.”

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For further details call Ruth Klein, National Director, Institute for International Affairs at (416) 633 6224 ext 111

A comprehensive brief is being prepared by B’nai Brith Canada’s legal team which is made up of the following experts in constitutional, criminal, human rights, immigration and refugee law: David Matas, Senior Legal Counsel, B’nai Brith Canada; Professor Lorraine Weinrib, Professor of Law at the University of Toronto; Steve Slimovitch, Legal Counsel, Institute for International Affairs; Allan Adel, Quebec Regional Chair, League for Human Rights; Marvin Kurz, Legal Counsel, League for Human Rights; Richard Bogoroch, Legal Counsel, Institute for International Affairs; Joel Cuperfain, Legal Counsel, Institute for International Affairs