Monday, March 30, 2015
Why the NDP Has the Best Position on C-51
I cannot recall any party ever getting elected nationally by bragging about the number and quality of its lawyers. Nevertheless, the record of our current government has been a perfect illustration of what the lack of legal knowledge and procedural values can lead to: the waste of time and money that went into legislation that was bound to be struck down, as evidenced by the Supreme Court’s reversal of the Onsite Clinic closure; the Court’s unanimous rejection of several criminal justice reforms that obviously violated the Charter; and the incredible mess that was the Fair Elections Act (since when does a government respond to something like the Robo-Calls scandal by going after the referee? Since Stephen Harper became prime minister, I guess).
The latest example is Bill C-51, The Anti-Terrorism Act, which goes way beyond what is needed to update our existing security legislation. It has faced mounting criticism from former Supreme Court justices, law professors who have specialized in national security matters, and the Canadian Bar Association. The 8 days allotted to this bill for parliamentary scrutiny is totally inadequate for what is really an omnibus bill affecting every aspect national security. (And will the Government please let the Privacy Commissioner, Mr. Daniel Therrien, speak to the Parliamentary Committee on Bill C-51? Is that really too much to ask?) And of course the recent exchange in Question Period, in which the Leader of the Opposition Thomas Mulcair simply asked whether the government had gone through the process of sending a letter to the U.N. justifying incursions into Syria under Article 51 of the UN Charter, caught the prime minister flat-footed. It is further evidence of government's lack of legal acumen.
The Liberals showed a lack of courage in not opposing this bill on principle, but just weakly saying they would amend it later. Although the bill initially had 82% support in the polls, that was obviously because people had only seen the title of the bill and not its contents. After all, who isn’t against terrorism? It is revealing that the Liberals’ only distinguished jurist, MP and McGill Law Professor Irwin Cotler, has abstained from voting on this bill, just as he was missing in action last October when the Liberals voted against the ISIL mission.
If the NDP got C-51 right, it was primarily because of the lawyers in its caucus: Craig Scott (Osgoode Hall law professor), Murray Rankin (Q.C. for his courtroom work in B.C. in constitutional litigation), Thomas Mulcair, Linda Duncan, Eve Peclet, Romeo Saganash, Don Davies, and Justice critic Francoise Boivin. I know, you don’t like lawyers. But when it comes to keeping government from enacting overly-broad laws that needlessly impinge upon our civil liberties, they are indispensable. This federal government has few accomplished lawyers, and it shows.