Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Wednesday, October 29, 2014

Conservative legislation to focus on preventing terror attacks

The Conservative government is working quickly to draft legislation that would give security agencies and police new powers, in the wake of this week’s attacks in Quebec and Ottawa that left two soldiers dead and plunged Parliament Hill into chaos.

Conscious of public expectations around safety, the government is looking for ways to beef up measures in three areas: surveillance of potential terrorists; pre-emptive detention of people who pose threats; and ultimately, charges.

Among the policy changes being examined:

– Creating a new legal provision to deal with people who go online and express support for extremist organizations such as the jihadist groups in the Middle East;

– Finding a solution to the dilemma that occurs when someone is detained but then released after the maximum detention period of 48 hours and who then either disappears or reacts to his detention with violence.

At the heart of the legislative review now occurring within government is how to confront the modern-day threat posed by homegrown terrorists who become “radicalized” by groups offshore.

The new bill will likely allow security agencies such as CSIS and police forces to step in when there is reasonable evidence that someone is expected to commit a violent attack.

Justice Minister Peter MacKay, speaking in Brampton, Ont., said Friday the government’s coming legislation was focused on giving police the power for “pre-emptive actions specifically in the area of terrorism, but not to rule out areas in which we think we can prevent crime.”

Already, the opposition New Democrats and Liberals are signalling they will have concerns if the bill tilts too far in favour of police powers and violates civil liberties.

In the House of Commons Friday, Roxanne James, parliamentary secretary to the public safety minister, said the bill will be introduced “very shortly” and will produce “robust debate” among political parties. She said the bill will give security agencies and police the “tools” they need to do their job.

“Now, more than ever, a radical individual or group of motivated extremists with access to technology can do significant harm to Canada from thousands of miles away,” she said.

NDP House Leader Peter Julian urged the government to act cautiously.

“When it comes to responding to this week’s tragic events, we have to proceed carefully and thoughtfully, and in the spirit of co-operation. We must take advice, of course, from security authorities, and we must engage Canadians, but we must ensure that our actions protect both public safety and civil liberties.”

Conservative MP Erin O’Toole later told reporters the government is moving responsibly.

“There is not a knee-jerk reaction here,” he said, adding that CSIS and others have asked for new provisions dating back to the terrorist plots of the so-called “Toronto 18” – who plotted a series of attacks against targets in Ontario.

“We’re not going to have a condition where thoughts are crimes,” said O’Toole. “But we’ve also seen that very quickly – particularly with the radicalized – thoughts and membership in an organization and some bare-bones training or ideas could lead to horrific events.”

Cabinet ministers held an emergency meeting after Wednesday’s attacks in which the coming legislation was discussed.

NDP justice critic Françoise Boivin said Friday she wanted to hear from the military and law enforcement officials before agreeing to anything in the coming legislation.

“Let’s hear from our RCMP, our military, everybody, (about) what was needed, what tools they don’t have right now that would have been helpful in this circumstance,” she told reporters.

Liberal critic Marc Garneau said security agencies should have powers that don’t violate civil rights. He said before any new powers are granted, the Conservative government needs to explain how police have used new powers that were approved in legislation passed by Parliament last year.

One of those powers allowed law enforcement agencies to arrest individuals who travelled overseas to take part in terrorist activities.

Garneau said the government won’t say if that specific power has been exercised.

“Did they bring in something that was kind of toothless, and are they now going to strengthen that? We don’t know.”

Reviewing CSIS

On Friday, the CSIS watchdog, the Security Intelligence Review Committee, released its annual report. Among the findings:

– CSIS took “appropriate restraint” with warrants that are used to gain special surveillance powers, but a “relatively high-number of non-targeted communications” were intercepted. In the past year, CSIS applied for 85 new surveillance warrants, renewed 178, giving it 263 in total.

– CSIS kept the public safety minister in the dark on some of its activities that “could give rise to public controversy.” CSIS said it briefs the minister when required.

– The agency needed to improve its program for firearms training for overseas operatives.

– Surveillance teams don’t always communicate well with each other, or headquarters.

Original Article
Source: ottawacitizen.com/
Author: Mark Kennedy, Jordan Press

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