Tories revive terror measures

The Liberals seem not to be even mounting token opposition to the omnibus crime bill or these terror measures. Why would Harper bother to provoke an election when he can coast along relying on the Liberals as if he had a majority?

Tories seek to revive disputed terror measures

Dion opposed extension in spring but now poised to give his support

Oct 24, 2007 04:30 AM
Tonda MacCharles
Ottawa Bureau

OTTAWA–The Conservative government has tweaked two extraordinary anti-terror powers of arrest and interrogation in a bid to revive the lapsed measures – and win support from a weakened Liberal party seeking to avoid confrontation.

The Commons voted last spring to let the two controversial powers expire, five years after they were first enacted in the wake of the 9/11 attacks. But the government yesterday tabled a bill to reintroduce the anti-terror measures, with slight amendments.

Liberal Leader Stéphane Dion, who last spring opposed extending the powers, citing concern for individual Charter rights and the need for a more comprehensive reform of anti-terror legislation, now appears poised to support the reintroduction of the measures.

"We need to work with the government," Dion told reporters. "We are committed to make sure that this Parliament will work. So we'll see if the government took into account our criticism of last spring."

Reversing the usual practice of bringing legislation to the Commons first, the government yesterday tabled its bill in the Senate.

It proposes the powers of preventive arrest and investigative hearings be extended for another five years, and allowed to "sunset" after that unless explicitly renewed by parliamentary vote. It also allows for, but does not require, another parliamentary review.

The Conservatives have introduced what they call a new "safeguard" for investigative hearings. The law will require that before police seek such a hearing – which compels a witness to testify before a judge – investigators must show they have exhausted reasonable attempts to get the evidence needed "by other means."

"The legislation's very clear that these are tools of last resort and that the police have to now completely demonstrate in every instance to a judge that they have exercised all the options, they've done everything possible to use other means and that, again, this is a matter of last resort," said Justice Minister Rob Nicholson.

But the government did not act on a recommendation by a Commons committee to limit the use of such hearings to cases of an imminent terrorism offence. Under the Conservative proposal, the hearings may still be used to investigate past acts of terrorism, such as the Air India bombing.

The other proposed amendment would change the name "preventive arrest" to "recognizance with conditions." The measure calls for a detained person to see a judge within 24 hours, but still allows for a terror suspect to be arrested and detained without warrant or bail for up to 72 hours, if no judge is available or a bail hearing cannot reasonably be held. The suspect may also be subjected to strict release conditions or 12 months in jail.

The government has not substantively changed this tool. It can still be invoked if police "suspects on reasonable grounds" that the arrest and detention of a suspect is necessary to prevent a terrorist activity.

But the government did agree to act on a Senate committee recommendation for "enhanced reporting" on the use of the powers.

The law would now require the federal attorney general to give a more complete annual report to Parliament on the use of both powers, and to give a detailed explanation of whether the powers are still warranted.

Nicholson defended the move to introduce the measures directly into the Senate, where last spring the Liberal majority found itself at odds with Dion and voted to support a three-year extension of the powers.

Yesterday, Liberals were at pains to appear conciliatory.

Dion, his public safety critic Ujjal Dosanjh, Senator David Smith, and justice critic Marlene Jennings all commented favourably on the government's proposals.

"I think those are important changes," said Dosanjh. Jennings said she was "pleased" the government had introduced the bill into the Senate first, given the senators' expertise in the area.


Smith said the Senate committee might only need weeks to deal with the measures before sending them to the Commons for examination.

NDP Leader Jack Layton said yesterday his party, which last spring voted against the measures, still objects to their revival.

"The NDP believes that in a number of respects, our government has overstepped the bounds of what's appropriate in terms of ensuring that human rights are protected, " said Layton.