The Dangers of Quick Fix Legislation in the Criminal Law: The Anti-Terrorism Bill C-36 Should Be Withdrawn

Posted: 15 Mar 2002

Abstract

The author argues that, while proactive measures such as better airport security and more intelligence personnel were needed to deal with the horrifying terrorist acts of September 11, the creation of new crimes and extraordinary police powers by Bill C-36 was unnecessary. It will put at risk the civil liberties of vulnerable groups, especially racial and ethnic minorities, immigrants and refugees. The definition of terrorist acts is far too wide and could be used against protestors. The listing of terrorist acts by a Minister is potentially unfair and only reviewable after the fact. The devil of the act is in the detail. The definition of offences cuts across fundamental requirements of a meaningful act, meaningful fault, fair labelling and proportionate punishment. Bill C-36 puts into our permanent law a huge and complex dragnet of police powers such as detention without charge and compelled testimony and Ministerial power to authorise electronic surveillance. The history of repressive regimes such as South Africa warns that the powers will be abused and extended. The bill points to the systemic problem of law and order quick fixes.

Suggested Citation

Stuart, Donald R., The Dangers of Quick Fix Legislation in the Criminal Law: The Anti-Terrorism Bill C-36 Should Be Withdrawn. Available at SSRN: https://ssrn.com/abstract=299986

Donald R. Stuart (Contact Author)

Queen's University ( email )

Kingston, Ontario K7L 3N6 K7L 3N6
Canada

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