Wednesday, February 28, 2007

Andrew vs. Kim, old vs. older

Andrew Coyne's column (Liberal vs Liberal, grown-up vs child) in today's National Post, and reprinted on his blog contends that the debate over the now defeated Anti-terrorist Act provisions is really a fight "between its grown-up wing and, well, its Karygiannis tendency". The "grown-up" elements in the equation are those like Irwin Cotler, whose legal credentials and role as the director of McGill University’s Human Rights Program. Coyne's contention is that the fanatical "juvenile" wing of the party is ascendant in the Liberal party, and is having a negative impact on the Party's fortunes. I couldn't disagree more.

As Mr. Coyne points out times have changed, within the Liberal party and the country as a whole. But he is wrong in believing that this not a debate between security and freedom. Or that this is purely a debate that purely resides within the Liberal party.

The very fact there is turmoil within the Liberal caucus is a sign of a healthy democratic process -- as opposed to the autocratic approach that has defined the Conservative government during its short tenure.

In 2001 all Canadians were shocked by the events which transpired that led to the deaths of many innocent civilians -- some of them Canadians. More recently Canadians again were shocked by the violation of human rights by the U.S. government in the Arrar case. Times have changed and Canadians (and many Americans) are coming to the realization that such repressive measures undermine the very fabric of our democracy.

Mr. Coyne may be right that civil liberties have not withered but extending the provisions carte blanche, as the Conservatives demanded until the 11th hour, might have resulted in putting civil rights at risk. They were never used so we don't know. But in reading the provisions, it seemed to me that having an Attorney General who was open to "liberal" use of the provisions is all that we would need. And given the Conservatives hard line approach to law and order generally, it does not seem out of the realm of possibility that they would test the boundaries that the law allows.

And while I'd agree that for the most part the Investigative Hearings provision seems to have adequate protections (although I haven't yet been able to find sections 132 and 136, which are essentially the exception clauses), the Recognizance with Hearings provision is another matter.
While Mr. Coyne is correct in stating that suspects can only be held for 72 hours before being taken before a judge, he doesn't mention that the judge can order either a suspect or a witness detained based on the evidence provided by the arresting officer. Detention can be for up to 12 months. Then there's also a catchall that allows for detention for "any other just cause" (see sub-sections 6 and 7).

Given these facts I can't understand how Mr. Coyne (and the Conservatives) can so glibly dismiss the concerns over civil rights. Extending provisions that are open to abuse in the wrong hands should be of concern and warrant thoughtful consideration and debate, especially considering the current "tough on crime" and "tougher on terror" regime.

So yes, Mr. Coyne, times have changed. Hopefully the pendulum is swinging back to a time when reason and common sense will prevail over fear and intimidation.

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