Like so many stories these days, this one starts with
commercial passenger planes flying into buildings on the east
coast of North America on September 11, 2001. In the months that
followed, while Americans were taking steps to prevent further
acts of terrorism, the Canadian Parliament rushed through Bill
C-36, our own Anti-Terrorism Act.
It's time for the government to fulfill its promise to review
the bill three years later, according to Murray Mollard,
executive director of the B.C. Civil Liberties Association. "What
we're worried about is the government has no intention to take
this [review] at all seriously," he said in a phone
interview.
Bill C-36 amended some 20 pieces of legislation to give the
government and RCMP extra powers. It also includes a clause
saying that a review of it must start by this December 18 at the
latest.
But on December 1, the federal Justice Department was still
waiting for instructions from Parliament, said spokesperson
Patrick Charette. "It's difficult at this point in time to know
exactly what will be reviewed and where it will be reviewed,"
Charette told the Straight by phone from Ottawa.
The act's most controversial measures include allowing police
to arrest people and detain them without a warrant, and allowing
judges to hold terrorism-related hearings in secret. An October
report to Parliament said those measures had not been used
between the creation of the law in 2001 and December 23,
2003.
However, the Integrated National Security Enforcement
Team--created under Bill C-36--has been operating since the bill
passed. According to Mollard, an examination of some INSET
activities that are on the public record shows why the review is
so badly needed.
With a $64-million budget over five years, the team combines
resources and people from the RCMP, the Canadian Security
Intelligence Service, and the Canada Border Services Agency. It
came to public attention in July 2002, when INSET officers seized
computers, disks, videos, photos, files, papers, and other
documents from the Courtenay home of David Barbarash. At the
time, Barbarash was acting as spokesperson for the Animal
Liberation Front, whose members commit "economic sabotage" but
are careful not to harm people or other animals.
In September 2002, a second INSET raid made the news. Officers
raided the Port Alberni home of John Rampanen, a member of the
Native activist group West Coast Warriors Society, acting on an
anonymous tip about unauthorized guns being hidden there.
The officers didn't find any weapons at the residence,
Rampanen said in an interview with Monday Magazine a few
weeks after the raid, but they did leave him and his family
feeling shaken. He asked: "How can indigenous people be
considered terrorists on our own homeland?"
Finally, INSET looked into the contacts that Tre Arrow, also
known as Michael Scarpitti, had in Canada, and any possible
criminal activity he was involved in here. Last March, Arrow was
arrested in Victoria for allegedly shoplifting; he is currently
in jail in Vancouver, fighting an extradition order.
The FBI wanted Arrow, a well-known activist in the United
States, in connection with firebombings of logging equipment in
Oregon in 2001, with damage totalling around US$260,000.
The BCCLA's Mollard, speaking about Arrow's case, said: "From
day one when we were debating Bill C-36, our concern was the
government in Canada was losing sight of what we mean by
terrorism," adding that civil libertarians feared the new powers
would eventually be used for things most of us don't consider
terrorism.
Certainly, when RCMP Commissioner Giuliano Zaccardelli
appeared before a joint session of the Commons Standing Committee
on Justice and Human Rights and the Special Senate Committee on
Bill C-36 on October 23, 2001, he described something much more
serious than the cases mentioned above.
"Terrorist activity is indiscriminate, global in scope, and
destabilizing in effect," he told the committees. "Those who
carry out terrorist activity have no respect for human life; they
will stop at nothing in their effort to achieve their
goals....They think nothing of strapping a bomb around their
waist, detonating it and themselves in a location strategically
selected to result in the greatest possible loss of life and
destruction of property."
It is entirely possible that INSET has been involved in
preventing that kind of thing. According to Insp. Lloyde Plante,
the RCMP officer in charge of INSET in B.C., the cases on the
public record form only a small part of what the agency has done.
Security risks make it impossible to discuss specific cases or
even how many there've been, Plante argued. However, he did say
that INSET has "disrupted a variety of criminal enterprises" and
that its work has resulted in people being removed from
Canada.
The goal is to prevent terrorist attacks before they happen,
Plante added. "Sometimes no news is good news. Maybe we are being
effective; maybe we are disrupting those activities. I know we've
had a lot of successes, perhaps more than we're even aware
of."
That may be the case, but Murray Mollard said that simply
looking at the cases we do know about shows why INSET and Bill
C-36 need to be reviewed, and why the BCCLA plans to make a
submission when that review happens. "There's never been a piece
of legislation that was so rushed through," he said in an earlier
interview. "When you create legislation at a moment of heightened
emotion and anxiety, you're not always creating the best
legislation."