Dealing With Terrorism, the Harper Way

Whispering in the Wind (WITW 65) February 18, 1015

There is no doubt in my mind:  September 11, 2001 was the start of a new era in the war against international terrorism – a battle that has quickly spread into Canada and much of the democratic world. 

The 9 / 11 Experience and the Response

The 9 /11 tragedy involved 19 Muslim extremists and the hijacking of 4 commercial aircraft.  The terrorist group destroyed the twin towers of World Trade Center in New York, destroyed a portion of the Pentagon building in Washington D.C. and killed 2,977 persons on American soil.  In less than two months (October 26, 2001), George W. Bush signed into law, the USA PATRIOT Act – Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.  On May 26, 2011 President Obama signed into law a four year extension to three provisions of the PATRIOT Act that allowed for:  roving wiretaps; searches of business records; and the surveillance of “lone wolves” – individuals who are suspected of terrorist related activities and not necessarily linked to any terrorist group.  Understandably the major concern in the United States, regarding the powers of the PATRIOT Act is the potential limitations on American civil liberties.      

Canada’s Response to Terrorism

Prior to 9/11 Canada did not have any anti-terrorism laws – even the October, 1970 FLQ threat in Quebec was handled by the prime minister without additional legislative powers – he simply declared the War Measures Act to deal with the crisis.  The laws governing Canada were quickly changed after the 9 / 11 attacks in the United States and continue to change in Canada, to this day:  Canada’s Anti-terrorism Act (C-36) was passed by the Liberal government and given Royal Assent on December 18, 2001.  Bill C-36 mirrors the United States’ PATRIOT Act and includes:  preventative detention without warrant measures to stop an imminent terrorist act; added electronic surveillance measures; secret judicial hearings and stronger laws against hate crime and propaganda.  The major concern with Bill C-36 is the impact the bill might/will have on Canada’s Charter of Rights and Freedoms as set out in the country’s constitution.  Since Bill C-36 a number of other laws have been passed into law to deal with the government’s anti-terrorism efforts:  May, 2004, Bill C-42 was passed; establish a no-fly list, and increased the government’s power to track / monitor private sector security measures.  March, 2012, C-10 allowed victims of terrorism to sue terrorists in Canadian courts for damages.  July, 2013, Bill S-7, was considered to be an up-date of the 2001 Anti-terrorism Act and reinstated the lapsed laws regarding preventative arrests and investigative hearings to 2018.  June, 2014 Bill C-24 gives the government power to revoke Canadian citizenship from those claiming dual citizenship rights.  Bill C-13 will come into effect March, 2015.  Bill C-13 relates to telecom companies and using their tracking devices to support investigative action by government agencies.  Bill C-44 is currently being reviewed by parliamentary committee in the House of Commons and primarily deals with the 30 year old CSIS Act. – Canada’s spy agency legislation.  Bill-44 would clarify the role of CSIS when the agency monitors the activities of Canadians traveling in foreign countries.  The biggest concerns expressed by the country’s opposition parties relates to having reasonable sunset clauses attached to any legislative initiative – to guarantee regular and periodic review – and assure appropriate parliamentary oversight by trusted parliamentarians of every political stripe.     

My Perspective

Overall, I agree with the measures put in place to counter the growing threat of international (and domestic) terrorism – and the need for appropriate oversight and periodic review.  I also agree with the need to have a unified, Canadian front when doing battle with a scourge that hasn’t been seen since World War II.  Unfortunately Prime Minister Harper’s government has politicized the effort to fight terrorism and it has become the Harper Way or you’re not Canadian.  Already the Harper government has run into difficulty and is now re-defining terrorism as an act that is only  “culturally motivated” – when will this dangerous heresy end?