Bill C-51 – The Antiterrorism Act 2015

Repeal Bill C-51 banner

 

Bill C-51, now known as the Anti-terrorism Act, allows Canada’s spy agency, CSIS, to disrupt real and perceived terrorist threats. It allows intelligence agencies to share Canadians’ personal information more widely. Authorities can detain someone for up to seven days if it’s believed a terrorist event may occur.

And the exercise of these new powers can take place without meaningful parliamentary oversight.

Promised changes to anti-terrorism law C-51 still months away: Liberals want to consult with Canadians over the summer to see what changes they want to C-51

CSIS was supposed to prevent the RCMP security service from engaging in unlawful activity.

 

In 1984, CSIS was created as a response to the McDonald Commission, which recommended a separation between national security policing and intelligence functions. National security intelligence would be limited to information gathering, and CSIS’ performance of its duties and functions would be subject to the review of the Security Intelligence Review Committee (SIRC). Unlawful disruption tactics, including barn burnings, property destruction, break-ins, thefts, and abusive investigation techniques by the RCMP were strongly condemned. In the aftermath of the McDonald Commission Report, the government created CSIS as a legally more constrained, domestic, civilian intelligence collection service. Indeed, later in that decade, an important reform removed the controversial area of “subversion” from the RCMP’s mandate.

– Voices-Voix update on Bill C-51: Anti-Terrorism Act, 2015

RCMP Musical Ride

The idea was to separate the intelligence gathering and security operations into two discrete branches of the service.   Giving CSIS the power to act on the intelligence it gathers, to make the sort of disruptions it was created to prevent the RCMP from undertaking makes no sense at all.   From all reports, Canadian security ~ and Canadians ~ have suffered serious consequences because the two branches of the service don’t communicate with each other.  Instead of rectifying such  serious problems that have come to light through the Air India Inquiry (2010) and the Arar Inquiry (2006), C-51 compounds them by granting the security service unprecedented “lawful access” to the personal information of all Canadian citizens.  What it does *not* do is compell CSIS to share information about imminent attacks.  This does not make Canadians safer.

The Canadian Civil Liberties Association has produced a wonderful primer:
UNDERSTANDING BILL C-51: THE ANTI-TERRORISM ACT, 2016

Although I am no lawyer, my understanding is that C-51 legalized a host of activities that were formerly illegal under Canadian law because they jeopardize or contravene the civil rights Canadians are supposed to be guaranteed under the Canadian Charter of Rights and Freedoms.  As near as I can tell, nothing at all is being done to end CSE’s bulk data collection — effectively spying on the digital activities of all Canadians 24/7.

Currently the only supervision of the activities of the security services are after-the-fact reviews, which means any and all improper Charter breaches will only come to light long after they have occurred, which is like closing the barn door after the horse has escaped.

Perhaps the most chilling part of all of this is the incredible lack of oversight to the services that have been given these incredible powers over our lives.  At least in the early part of the 21st Century the CSIS Inspector General provided actual supervision, to ensure Canadian spies don’t break the law.

Unfortunately that was one of the many non-budgetary items bundled into the Harper Government’s Omnibus “Black Mark Budget” in 2012; a few quiet strokes of a pen abolished the IG’s office, leaving only the SIRC review process, a part time agency that looks at only a tiny percentage of what CSIS actually does.

I wrote about this all in March of last year, before C-51 became law, in Liberal Leader Gets Bill C-51 Wrong.  Unfortunately it looks as though our Liberal Government has no intention of dismantling this dreadful law.  It seems the best we can hope for is some sort of parliamentary oversight.

Unfortunately that is more likely to end up being a rubber stamp than anything else.

What Canadians Can Do

Before Bill C-51 became law, there were protests across Canada, including three in Waterloo Region, on a very cold March day, on a much nicer day in April, and another in May.

NDP MP Randall Garrison Moves To Repeal Anti-Terror Bill C-51

CCLA AND CJFE MOUNT CHARTER CHALLENGE AGAINST BILL C-51

Today is the last day for Canadians to make submissions to the Federal Government’s National Security Consultation.  Although there was a component of This is an online consultation, and they’ve provided plenty of reading material, which naturally supports the idea this legislation is a good thing. It’s not. At least not if you think the Canadian Charter of Rights and Freedoms is important.     Privacy Is Not A Crime

The government has broken the consultation down into categories spread out over multiple web pages, asking for our input on any or all of the 10 topic areas for the consultation. Each page also asks us to identify ourselves, although, unlike the electoral reform consultation, it is not explicitly necessary.

Online Consultation on National Security

We also have the option of making an Email submission: ps.nsconsultation-consultationsn.sp@canada.ca

I’ll say it again: Today ~ December 15th, 2016 ~ is the LAST DAY to participate in the consultation.  Please do.  Even if all you do is go to any or all of the Consultation web pages and comment “Repeal C-51” you will help.  Anonymous comments won’t be taken as seriously as comments connected with our real names, so I strongly recommend filling in the contact info.  The reality is that, so long as C-51 is in place, there is no way for Canadians to enjoy online anonymity.  (Even encrypted activity is being recorded and stored against the day the security services can break the encryption.)

Even if you read this after the consultation deadline, you can still call your MP to account for this.  Canadians used to have civil rights.  We used to have privacy.  Law enforcement agents were required to produce some evidence of probable cause that would convince a judge to issue a warrant before our Charter protections of our privacy could be legally breached.   Privacy is the citizen’s only protection from potential over-reach of the powerful state.  This is why the UHDR and the Canadian Charter of Rights and Freedoms seek to protect our privacy.  Sacrificing citizen privacy does not make us safer, it puts us at risk.

C-51 ushered in a powers and laws that threaten Canadian privacy, freedom of speech and other Charter protections without actually substantively dealing with problems of prosecution of terrorism, and without any meaningful oversight of Canada’s booming national security industry.

After you make your submission, you can Sign the Petition:

 

We are at a disheartening moment in federal politics. Despite all the powerful and thoughtful critiques of the government’s anti-terrorism bill, it has now become law.”
– Ed Broadbent

Repeal Bill C-51

If you buy only one book this year, don’t buy my novel, get yourself a copy of False Security: The Radicalization of Canadian Anti-terrorism, by By Craig Forcese and Kent Roach. Better yet, get copies for all your family and friends.  Because this must change if we don’t want our lives, and our kids and our grandkids lives to be lived in an Orwellian dystopia. This is the stuff of fiction, this is reality.

Bill C-51 has been Canadian law for...
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Robert Redford, the Newsmedia and the WikiLeaks’ Cablegate

2009 portrait of the actorI fell in love with Robert Redford in The Sting when he was young and I was younger. Redford is one of the cinema’s greatest undervalued comedians; his timing is flawless as showcased in early work like “Barefoot In The Park” or later “Legal Eagles”. He even brought humour to his portrayal of “the Sundance Kid,” for whom his film festival is named.

But Redford has put in some brilliant performances in political films over the years.

He turned in a brilliant performance in a cautionary tale called “The Candidate,” which demonstrates clearly how degraded democracies can become.

But there are two movies I was reminded of when I read about today’s WikiLeaks story.

At the end of the movie “Three Days of the Condor,” the inadvertent hero Redford plays achieves freedom the only possible way:

by releasing the classified information to the media.

Because we know that even though he is a whistle blower, once the world knows he will be safe.
And we know the news media will ensure that the story gets out.

We know that.

WikiLeaks "hourglass leaking earth" logo
Robert Redford also played Bob Woodward in “All The President’s Men,” the film version of the true story of the “Watergate” scandal that brought down the Nixon administration.

There are countless stories of the bravery of reporters who risked, and in many cases lost– their lives in pursuit of a story that was important to them and the public. And it still happens.

But that doesn’t alter the fact that the world has changed a lot in the last few decades. In many cases, the News Media is not doing the job we believe it is. Citizens around the globe have NOT been told about the dangers of ACTA or the importance of Net Neutrality to free speech and democracy.

Part of it is, I am sure, that technological advances, in particular the Internet, has caused great upheavals in the Media business. As ownership has been increasingly centralized, downsizing, “dumbing down” and decimation of staff has left many newsrooms in very reduced and weakened states. The agendas of the corporate masters more often determines what is reported and how.

So we are very fortunate to have WikiLeaks.

WikiLeaks was gifted with a heap of really important information. In order to ensure dissemination, they passed them around to five major news outlets located in 5 different countries. Each were aware the others had the story, so they ALL had no CHOICE but to publish, with or without corporate or government approval.

In this way, WikiLeaks guaranteed that the story broke and spread.

UK: The Guardian US embassy cables leak sparks global diplomacy crisis

SPAIN: El Pais The greater infiltration of history reveals the secrets of American foreign policy (Google translation to English)

USA: New York Times: Cables Obtained by WikiLeaks Shine Light Into Secret Diplomatic Channels

FRANCE: LeMonde WikiLeaks: Behind the Scenes of American diplomacy (Google translation to English)

der Spiegel: Greatest Data Leak in US Military History

Now that it is out, there is no stopping it.

Al Jazeera: Secret US embassy cables revealed

Perth Now: Australia on WikiLeaks ‘cablegate’

boingboing: Wikileaks secret US Embassy cable site live

Mobile Tribune: 1128-“When the Head is Rotten, It Affects the Whole Body” WikiLeaks Cable Quote from Saudi King Abdullah

ANTIWAR.com: State Dept: FDP Makes Germany a ‘Difficult Partner’ in Terror War -Cable Says FDP Too Interested in Personal Privacy to Be Responsible Partner

This will go on for months. Maybe years.

@glynmoody

US ambassador to the UK complains about the loss of *privacy* of those writing the cables – http://bit.ly/eHlQWC #wikileaks

Guardian: US diplomats spied on UN leadership

There is a huge amount of information, and it will take time to digest, but at least it has gotten out. That’s a good thing.

Der Spiegel also has an interactive map.

@DougSaunders

Have you noticed that you can hit the “play” button on the Spiegel map and it shows the cable-bubbles appearing year after year?

— Doug Saunders, European Bureau Chief, The Globe and Mail

The map shows Canadian cables for:

  • Vancouver 44
  • Calgary 14
  • Ottawa 1948
  • Montreal 82
  • Quebec 52
  • Halifax 136

Of course, no Canadian news outlet was selected as a recipient of any of these WikiLeaks cables.

@kady

I mean, at least if there was a Canadian media partner, there would be someone to bully/entreat over upcoming Cdn coverage. #wl

–Kady O’Malley, CBC reporter

Canadian Coverage

red maple leaf graphic

CBC: WikiLeaks reveals undiplomatic U.S. critiques

Canada’s government funded public broadcaster, the CBC, uses an American “Licensing” scheme which doesn’t allow even purely non-profit fair dealing reuse of their publications by Canadian citizens. So why would WikiLeaks even CONSIDER releasing this story to CBC?

Clearly, just like in “Three Days of the Condor,” WikiLeaks wants to spread the story as far and wide and as fast as possible. So that it can’t be stopped.

Globe & Mail: Released WikiLeaks documents shed light on diplomatic dispatches

The Globe likes to call itself “Canada’s National Newspaper,” but like that other television broadcaster, the Globe is owned by Bell Canada Enterprises. I assume that this corporate connection would be the reason why the Globe has been first so quiet and about the  fact  Canadian Internet rates are shortly to go through the roof due to Usage Based Billing.  It is only recently that it’s been possible to find UBB on their website at all.  Now  that they are, the bias is thick enough to cut with a knife.

As a blogger I prefer not to link to Globe articles because in the past they’ve broken links by placing articled behind a paywall.

So I can’t imagine the Globe standing up to government pressure to suppress the WikiLeaks story.

Having a Canadian Government in the process of pushing through Bill C-32 in the face of Universal opposition to appease the American Government, it’s easy to imagine our government buckling at the first sign of American disapproval.

So WikiLeaks released the Cables to 5 dispersed news outlets as a strategy to ensure that the story will break.  Because that is the reason for the very existance of WikiLeaks: to get the story out.  Even if it means the end of WikiLeaks.

Which is, of course, why WikiLeaks is so incredibly dangerous to governments who want to act without oversight or scrutiny.  And why Wikileaks is the destination of choice for whistleblowers with politically sensitive leaks go.  Because WikiLeaks is in it to get the story out.  Period.

Last Hurrah?

Even so, WikiLeaks has been down every time I’ve attempted to visit their site today.

I saw an unsubstantiated report that they were suffering a DDoS attack. And it isn’t hard to imagine where such an attack may have originated.

Of course, their servers may simply have gone down under the onslaught of un-official media outlets (like me).

Of course there have been tales of military personnel wishing for the demise of WikiLeaks. If they didn’t like WikiLeaks before this…

This story is out. It can’t be put back in the bottle. And that’s good.

If WikiLeaks is targeted, or taken down, what I worry about is the next story.

we are ALL in this together

Fortunately, I’m not alone in my concerns.

When Iceland’s Modern Media Initiative gets referendum approval, they are aiming to be good to go by 2012.

ICELAND TO BECOME INTERNATIONAL TRANSPARENCY HAVEN

“I am proud to advise the Icelandic Modern Media Initiative’s proposal to create a global safe haven for investigative journalism. I believe this proposal is a strong way of encouraging integrity and responsive government around the world, including in Iceland. In my work investigating corruption I have seen how important it is to have have robust mechanisms to get information out to the public. Iceland, with its fresh perspectives and courageous, independent people seems to be the perfect place to initiate such an effort towards global transparency and justice.”
—Eva Joly MEP – Icelandic Modern Media Initiative

That will be good for us all. Lets keep our fingers crossed that WikiLeaks can last that long.

Just In: WikiLeaks is Live!

Now you can peruse the Secret US Embassy Cables yourself.

Get ’em while they’re hot.

a horizontal border of red graphic maple leaves

 



Image Credits:
Robert Redford photo by Public Citizen published under a Creative Commons Attribution-NonCommercial-ShareAlike License.

Thanks @nomalab, @satipera and Glyn Moody and Jérémie Zimmermann