The Canadian Civil Liberties Association (CCLA) and Canadian Journalists for Free Expression (CJFE) are launching a Charter challenge against the Harper governments Anti-terrorism Act.
The challenge, which is scheduled to be filed in Ontario Superior Court this morning, argues the Act violates the Charter in a manner that is not justified in a free and democratic society, says a statement released by the groups.
The legislation “will lead to censorship and a massive chill on free expression, and enables a potentially widespread abuse of power, says CJFE executive director Tom Henheffer. It unjustifiably infringes on the rights of all Canadians without making our country any more secure.
Sukanya Pillay, executive director and general counsel of the CCLA adds that Some of the powers granted [by the Act] are secretive in nature, so the public may never know if and when Canadians’ rights are being violated, though individuals will be faced with the fallout.
The groups have started an online campaign to fund the challenge. It will focus on five components of the Act, known as Bill C-51 before it went into effect June 18, including: amendments to the CSIS Act, which oversees Canada’s spy agency, changes to the Immigration and Refugee Protection Act, and the new Criminal Code section on advocating or promoting terrorism. The challenge will also address the new Secure Air Travel Act as well as the new Security of Canada Information Sharing Act.
Legal experts and civil liberties advocates say the legislation gives the government and law enforcement agencies police state-like powers to collect information on Canadians without proper oversight.
The Harper government cut short debate on the legislation while it was wending its way through committee earlier this year.
A petition signed by more than 284,000 Canadians calling on the government to scrap the law included the signatures of four former prime ministers, five former Supreme Court justices and three former members of the Security Intelligence Review Committee, the body charged with overseeing Canada’s spy agency, CSIS.
But outside of a few minor amendments, the widespread public outcry, along with nationwide protests before the final Senate vote in March, failed to persuade the government to reconsider the legislation.
