OTTAWA — New powers for Canada’s spy agency are unconstitutional and represent an extraordinary reversal of the traditional role of the judiciary, two national groups said as they filed legal challenge of the Conservative government’s omnibus security bill.
The Canadian Civil Liberties Association and Canadian Journalists for Free Expression are asking Ontario’s Superior Court of Justice to hear their constitutional case against the federal anti-terrorism measures, commonly known as Bill C-51, reported Canadian Press.
The legislation, which recently received royal assent, gives the Canadian Security Intelligence Service more power to thwart suspected terrorist plots — going well beyond its long-standing information-gathering role.
The legislation also creates a new offence of promoting the commission of terrorist offences and broadens the government’s no-fly list powers. In addition, it greatly expands the sharing of federally held information about activity that “undermines the security of Canada.”
In a joint statement, the two organizations challenging the law said that key elements violate the Canadian Charter of Rights and Freedoms “in a manner that is not justified in a free and democratic society.”
The Conservatives brought in the bill to fight homegrown extremism after two Canadian soldiers were murdered last October just days apart by lone white Canadian-born extremists.
Civil libertarians and privacy advocates have strongly opposed giving CSIS the power to derail suspected plots — for instance, by meddling with computers, cancelling airline reservations or carrying out even riskier operations.
With its new mandate, CSIS needs “reasonable grounds to believe” there is a security threat before taking measures to disrupt it.
The spy agency would require a court warrant whenever proposed disruption measures violate the Charter of Rights or otherwise breach Canadian law.
