Anit-Terrorism Act

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The Harper government says its Anti-terrorism Act is designed to protect Canadians. But two groups launching a charter challenge, say Bill C-51 is a grave threat to our rights as citizens.

The Canadian Civil Liberties Association and Canadian Journalists for Free Expression say sections of Bill C-51 violate the Canadian Charter of Rights and Freedoms. They are taking their arguments to Ontario Superior Court.

Tom Henheffer, Executive Director of Canadian Journalists for Free Expression says Bill C-51 is so overly broad it will be completely ineffective in increasing security of Canadians. “It is our biggest threat to our charter rights in Canada and it’s completely unconstitutional.”

The group along with the Canadian Civil Liberties Association wants the bill repealed. They’re challenging 5 sections of the Anti-terrorism Act. One is a clause that makes it illegal to promote terrorism “in general.” Tom Henheffer said “This bill is so broadly written that constitutionally protected speech is made illegal and there is no public interest defence, there is no defence made on the fact that you aren’t supporting it. It doesn’t matter.”

They’re also challenging provisions that give CSIS the ability to get warrants in secret. “We think that that’s unprecedented in judicial history in Canada and that it’s profoundly unconstitutional.” Said Brenda McPhail from The Canadian Civil Liberties Association.

In an email a spokesperson for Public Safety Minister Stephen Blaney writes “It is clear that the threat posed by the international Jihadist movement is real. That is why our  Government passed the Anti-terrorism Act, which enhances the ability of our police officers to detain suspected terrorists before they can harm Canadians. We will continue to ensure that our police forces have the tools they need to protect Canadians against this evolving threat of terrorism.”

Canadian Journalists for Free Expression say the best case scenario is that after the October election, the next Government repeals the bill and it never goes to trial. But this case could take years in the courts.