Vancouver Sun

Sweeping new powers for CSIS concerns security law expert

- IAN MacLEOD

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.

 ?? WAYNE CUDDINGTON/POSTMEDIA NEWS ?? Proposed new powers for the Canadian Security Intelligen­ce Service could pose a threat to charter rights, a legal expert argues.
WAYNE CUDDINGTON/POSTMEDIA NEWS Proposed new powers for the Canadian Security Intelligen­ce Service could pose a threat to charter rights, a legal expert argues.

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