Sweeping new powers for CSIS concerns security law expert
OTTAWA — Proposed antiterrorism legislation that dramatically expands the powers of Canada’s spy agency is a gross overreaction that would grant the state impunity to trample charter rights and reduce judges to “enablers of illegality,” an expert on national security law charges.
Craig Forcese says the government’s Bill C-51, tabled in the Commons last week, also would allow Canadian Security Intelligence Service agents to conduct warrantless clandestine operations, chill freedom of expression and harm police anti-radicalization efforts by criminalizing some of the language of terrorism and therefore discouraging frank discussion from Muslim communities.
“This is the most radical law in my area of expertise that I have ever seen in Canada,” Forcese, a longtime University of Ottawa law scholar, said.
Part of the sweeping legislation, introduced last week, would amend the 1984 CSIS Act to fundamentally change the agency’s core mandate.
CSIS collects, analyses and reports to the federal government information about threats to the security of Canada, from terrorism and espionage to foreign-influenced activities. It’s a broad mandate, but the powers CSIS has to enforce it are purposely limited to intelligence collection. That’s because its forerunner, the RCMP Security Service, was disgraced and disbanded following revelations of the tactics used against leftwing radicals and Quebec separatists in the late 1960s and early 1970s.
Its intelligence-collection powers include court-authorized search-and-seizure techniques, such as human and electronic surveillance of suspects, mail-openings and other intrusive measures.
C-51, if passed — it now has Liberal party support too — would change that. CSIS could actively target people, places and things to reduce threats to the security of Canada. According to the bill, the new measures would have to be reasonable and proportional to the circumstances.
They also would presumably be aimed at disrupting domestic terrorist activities, the stated intent of the legislation. But given CSIS’s expansive mandate, Forcese said he is concerned about the potential breadth of activities that might be undertaken.
Liberal leader Justin Trudeau says his party will support the proposed legislation despite concerns the law doesn’t add any additional oversight for Canada’s spy agency.
He said he hoped the legislation doesn’t become a political football, and that his party will propose a number of amendments to improve it. That includes more parliamentary oversight of national security and anti-terror efforts.
The NDP has also raised concerns about a lack of oversight, but has not said how it would vote on the legislation.