Security and Bill C-16

In Canada, national security has become a priority under the pretext that some of those responsible for hijacking the planes entered through the US-Canada border, and the potential for terrorists to target Canada itself. As a result, there are now demands for Canada's national security to be integrated with that of the US. This includes new immigration and refugee restrictions, and greater coordination between intelligence and security. Some analysts have described this as the US "extending its perimeter" to include Canada.

Other likely developments include greatly expanded powers of surveillance and interception of communications, especially Internet, telephone, and new wireless and fibre-optic cable, legislation forcing the provision of "keys" to encryption codes used in e-mail, and cutting of access-to-information laws. This is among new legislation now being drafted, including Bill C-16, which allows the government to jail or sieze assets of people who collect funds for groups which it alleges are "terrorist."

In addition, new immigration controls will likely include laws allowing either prosecution or extradition of those suspected of terrorist acts, even if it occured abroad; reversing of court rulings permitting refugees and immigrants to use Canadian constitutional protections; and increased use of random border checks and strip-searches. Canadian Justice Minister Anne McLellan recently stated that the government could also extradite terrorists to the US or any country even though they could face the death penalty.

On Sept. 19, Immigration and Customs officers were instructed to detain males aged 15-60 fitting a suspect profile. This included travel to 14 countries - all primarily Muslim populations and states accused of sponsoring terrorism - and those with backgrounds such as aviation, engineering, computers, chemistry, nuclear energy, defense or communications. This, we are told, is to defend against potential terrorist attacks, including nuclear, chemical, or biological in nature.

Emergencies Act : Canada

While new anti-terrorist legislation such as Bill C-16 are being enacted, should a state of emergency be declared, the government would be empowered to drastically reduce civil freedoms and rights.

The Emergencies Act of 1988 was designed to replace the War Measures Act (used during the October Crisis of 1970). The Emergencies Act has four main sections:

1. Public Welfare Emergency covers fire, floods, drought, storm, earthquake or other natural phenomenon; disease in humans, animals or plants, and; accident or pollution, the effects of which "results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services, or resources.
2. Public Order Emergency, "an emergency that arises from threats to the security of Canada and that is so serious as to be a national emeregency."
3. International Emergency, "an emergency involving Canada and one or more other countries that arises from acts of intimidation or coercion or the real or imminent threat of serious force or violence."
4. War Emergency, "means war or other armed conflict, real or imminent, involving Canada or any of its allies."

The Emergencies Act can be enacted by government and takes effect immediately. In the case of a Public Welfare Emergency and Public Order Emergency, the act is in effect for 30 days and can be extended. For an International Emergency, this time period is 60 days, and can be extended. In the event of a War Emergency being declared, it is for 120 days, and can be extended.

All emergencies include limits amd restrictions on travel, from or within any specified area; evacuation of persons and personal property; and the control of essential goods, services and resources. Under a Public Order Emergency, this control includes banning of public assembly, forcing people into essential services, and removal of people not citizens from the country. Under an International Emergency, authorization is given to enter and search any premises and control of financial systems, etc. Under a War Emergency, the government can make any orders and regulations it feels necessary.

Under the Emergencies Act, any person indicted for breaching the orders and regulations of the act can be fined $5,000 and/or imprisoned for up to five years.