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CANADIANS MUST WORK TOGETHER TO STRENGTHEN ANTI-TERRORISM LEGISLATION

B’nai Brith Canada brief suggests ways to safeguard liberties at the same time

November 12, 2001

For Immediate Release

Toronto, November 12, 2001 — In a submission to the Justice Committee and the Senate Committee released today, B’nai Brith Canada calls for amendments to Bill C-36 that will strengthen the proposed anti-terrorism legislation, at the same time as it safeguards civil liberties. A team of legal experts convened by B’nai Brith Canada, led by its senior legal counsel David Matas, consulted with human rights experts in order to find a balance between enhanced security for all Canadians and protection of traditional rights and freedoms.

Rochelle Wilner, National President of B’nai Brith Canada commented: “We welcome the Bill’s hate crime provisions and ask that these protections be extended to all religious institutions, and not just places of worship. At the same time, while we support the inclusion of a sunset clause on 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 ask that this clause should not apply to these long overdue hate crimes protections.”

Frank Dimant, Executive Vice President added: “We have asked for the inclusion of two anti-discrimination provisions to offer the same assurances that international anti-terrorism treaties require: one general to the application of the whole Bill, and one specific to the listing of terrorist entities. We have also recommended the inclusion of a retrospectivity clause to ensure that those responsible for the September 11 atrocities can be investigated and prosecuted under the Bill. In addition, given the alarming number of anthrax hoaxes recently, we recommend that such malicious activities be identified as offences under the new legislation.”

David Matas, Senior Legal Counsel, called for a more integrated approach to the fight against terror through amendments to other key legislation: “The Immigration Act should be amended to include a definition of terrorism, and provide for a ministerial stay of a deportation so that suspected terrorists can be investigated and prosecuted. The Citizenship Act should be amended to allow for revocation of citizenship for participating in, facilitating, instructing or harbouring terrorist, while The State Immunity Act should include an exemption from immunity for any state that is found to have sponsored terrorism. Otherwise the attempt to end the financing of terrorism will end at the doors of state coffers.”

The full text of the B’nai Birth Canada submission, as well as a summary of recommendations, can be accessed online at
http://www.bnaibrith.ca/institute/docs/Bill_C-36a.html

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B’nai Brith has been active in Canada since 1875 as the community’s senior human rights organization.


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