interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘unconstitutional’

Canada is about to lose Free Speech and Civil Rights

Posted by Laurel L. Russwurm on March 12, 2015

Canadian civil rights are supposed to be protected by the Canadian Charter of Rights and Freedoms.  Unfortunately, since 9/11 the power of these protections have been eroding.

But it is about to become much much worse.

Right now the Harper Government is fast tracking Bill C-51.  This means it is pushing the draft legislation through the process quickly, at the expense of evidence and debate, in order to make Bill C-51 law without even scrutiny.

The Harper Government can do this because our unfair electoral system gives 100% of the decision making power of our legislature to any political party which achieves a majority government.  A majority government in Canada is effectively a dictatorship, which possesses the legal might to pass any law it chooses, regardless of the opposition and no matter how detrimental it is.

The provisions of Bill C-51 are so dreadful that everyone outside the government who understands the scope of Bill C-51 is terrified by it.

CSIS was created to serve strictly as an intelligence gathering agency.  But Bill C-51 will transform CSIS into a secret police force, and will receive sweeping new powers through the incredibly vaguely worded Bill C-51.   CSIS will be deployed in secret in a variety of ways (ranging from spreading misinformation to destroying the reputations the Canadians it targets in secret proceedings.  Legal experts have spoken out loudly on the ramifications of this proposed law, which has resulted in opposition from former Prime Ministers and Supreme Court Justices through Past and Present Privacy Commissioners to ordinary Canadian citizens across Canada.  Operating in the shadows without meaningful oversight, CSIS will be empowered to do things the RCMP can not.  And no Canadian will be able to defend against this.

It is weirdly appropriate that Bill C-51 has been sold to Canadians as “anti-Terror” legislation, since every Canadian who understands what Bill C-51 will do is certainly terrified at what this law will do to Canada.  With the stroke of a pen, Canadians are about to lose our civil rights.  If Bill C-51 becomes law, anyone who speaks out about anything the Harper Government does, or displeases the Harper Government in any way, may find themselves with their lives disrupted or destroyed up to facing 5 years in jail.  The Canadian Charter in a Post Bill C-51 Canada

The Charter is available (complete with footnotes) on the Canadian Government’s website, but I’ve decided to reproduce the basic document. Read through it to remind yourself just what is at stake.  I am by no means a legal or constitutional scholar, but I have stricken out the parts I believe will be negated by Bill C-51.  Because the language of Bill C-51 is so vague, pretty much anything can mean whatever the Government decides it means.  And when a government can move against its citizens in secret, without evidence, without oversight, and citizens have neither warning or defence, there can be no civil rights.

Canadian Charter of Rights and Freedoms

PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

FUNDAMENTAL FREEDOMS

Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

DEMOCRATIC RIGHTS

Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.

Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

MOBILITY RIGHTS

Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

LEGAL RIGHTS

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-crimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

EQUALITY RIGHTS

Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

OFFICIAL LANGUAGES OF CANADA

Official languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.

Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

English and French linguistic communities in New Brunswick

16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.

Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.(86)

Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.

Parliamentary statutes and records

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.

Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament

Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.(91)

Communications by public with federal institutions

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where

(a) there is a significant demand for communications with and services from that office in such language; or

(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

MINORITY LANGUAGE EDUCATIONAL RIGHTS

Language of instruction

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province.

Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

ENFORCEMENT

Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

GENERAL

Aboriginal rights and freedoms not affected by Charter

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.(94)

Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Rights guaranteed equally to both sexes

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Rights respecting certain schools preserved

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.(95)

Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

Legislative powers not extended

31. Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter

APPLICATION OF CHARTER

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

Exception where express declaration

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
Citation

CITATION

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.”

The Canadian Charter of Rights and Freedoms

Advertisements

Posted in Changing the World | Tagged: , , , , | 3 Comments »

Rethink “lawful access” Omnibus, Letter

Posted by Laurel L. Russwurm on August 22, 2011

A great many news articles, blogs and websites have referred to this letter, signed by a group of Canadian academics and digital rights advocates and sent to Prime Minister Harper, asking that that the Omnibus Bill be unbundled so that there can be appropriate hearings for the legislation, particularly the contentious lawful access provisions, (formerly draft legislation known as “Investigating and Preventing Criminal Electronic Communications Act . Bill C-52 was previously touched on in this blog by The Hidden Rationale for Usage Based Billing, the excellent guest post written by Sharon Polsky, one of this letter’s signatories.

This letter only seems to be available in its entirety in PDF form, which both prevents the text from being searchable, and PDFs can force Internet users exposure to security breaches and DRM.   Since I’ve already transcribed this letter for my own personal study, I thought I’d share it with you here, so you won’t have to:

August 9, 2011

VIA EMAIL

The Right Honourable Stephen Harper
Prime Minister of Canada
House of Commons
Ottawa, ON, KIA 0A6
stephen.harper@parl.gc.ca

Dear Prime Minister Harper,

RE:   Omnibus Crime bill

We are writing to you regarding your promise to introduce and pass within 100 days an omnibus bill incorporating a number of very different pieces of legislation.

We are particularly concerned that three of those bills will have serious negative implications for the privacy rights of Canadians, and that these aspects will not receive the scrutiny they deserve if rolled into an omnibus bill.

These pieces of legislation were former Bills C‐50, C‐51 and C‐52 from the last session of the previous Parliament, the ‘lawful access’ technical surveillance bills. We join Canada’s federal and provincial Privacy Commissioners in voicing our grave concerns regarding this invasive legislative mandate, as they collectively did in a letter to Deputy Minister of Public Safety dated March 9, 2011. Our specific concerns, which we highlight in greater detail in an appendix to this letter, include:

  • The ease by which Canadians’ Internet service providers, social networks, and even their handsets and cars will be turned into tools to spy on their activities further to production and preservation orders in former Bill C‐51 – a form of spying that is bound to have serious chilling effects on online activity and communications, implicating fundamental rights and freedoms;
  • The minimal and inadequate amount of external oversight in place to ensure that the powers allotted in these bills are not abused;
  • Clause 16 of former Bill C‐52, which will allow law enforcement to force identification of anonymous online Internet users, even where there is no reason to suspect the information will be useful to any investigation and without adequate court oversight; and
  • The manner in which former Bill C‐52 paves the way to categorical secrecy orders that will further obscure how the sweeping powers granted in it are used and that are reminiscent of elements of the USA PATRIOT Act that were found unconstitutional.

On a final note, we object that Canadians will be asked to foot the bill for all this, in what essentially amounts to a hidden e‐surveillance tax, and are concerned that compliance will further impede the ability of smaller telecommunications service providers to compete in Canada by saddling them with disproportionate costs.

The implications of all of this demand careful scrutiny and study. Yet none of these bills has had the benefit of hearings before any Parliamentary committee, nor have any of their numerous predecessor bills, introduced by both your government and the previous Liberal government.

Your government has already recognized the divisibility of this proposed omnibus bill by passing Bill C‐2, dealing with large criminal trials, which was once proposed to be part of the omnibus bill.

Given the profound concerns raised by Canada’s Privacy Commissioners which have yet to be answered, we ask you to at least give these pieces of legislation an appropriate hearing. That cannot happen if they are rolled into an omnibus crime bill with a large number of unrelated
and also contentious pieces of legislation.

We look forward to your response, and are more than willing to provide you with any additional information you or your government may require in this regard.

cc:     Hon. Vic Toews, Minister of Public Safety, vic.toews@parl.gc.ca
Hon. Rob Nicholson, Minister of Justice, rob.nicholson@parl.gc.ca

Signed by the following individuals and organizations:

Andrea Slane, University of Ontario Institute of Technology, Faculty of Social Science & Humanities
Andrew Clement, University of Toronto, Faculty of Information
British Columbia Freedom of Information and Privacy Association (BCFIPA)
Canadian Association of University Teachers (CAUT)
Canadian Civil Liberties Association (CCLA)
Canadian Federation of Students (CFS)
Christopher Parsons, University of Victoria, Department of Political Science
Civil Liberties Association – National Capitol Region (CLA–NCR)
Colin Bennett, University of Victoria, Department of Political Science
David Lyon, FRSC, Queen’s University, Surveillance Studies Centre
Ian Kerr, University of Ottawa, Faculty of Law
International Civil Liberties Monitoring Group (ICLMG)
Kate Milberry, University of Toronto, Faculty of Information
Leslie Shade, Concordia University, Department of Communications Studies
Lisa Austin, University of Toronto, Faculty of Law
Michael Geist, University of Ottawa, Faculty of Law
Michael Markwick, Simon Fraser University, School of Communications
OpenMedia.ca
Public Interest Advocacy Centre (PIAC)
Samuelson‐Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Sharon Polsky, President, AMINACorp.ca; National Chair, Canadian Association of Professional
Access & Privacy Administrators (CAPAPA)
Teresa Scassa, University of Ottawa, Faculty of Law
Valerie Steeves, University of Ottawa, Department of Criminology

APPENDIX A

For convenience, we include here a more detailed elaboration of our concerns and the basis thereof.

Turning Canadians’ Networked Services Against Them:
First, we are concerned that a broad range of preservation and production orders put in place in former Bill C‐51 are calculated to turn Canadians’ Internet service providers and other Internet intermediaries, their social networking sites, and even their very handsets and cars, into tools to better spy on their activities. Highly contentious are orders aimed at discovering
the location of objects such as cellular phones or GPS devices or of transactions such as geo-tagged comments or photos from private sector service providers contained in former Bill C‐51.¹ This information of Canadians who have not done anything wrong will be available to law enforcement as long as there is a reason to suspect it will be generally ‘useful’ to an investigation. Equally troubling are preservation demands that can force online organizations to store vast amounts of customer information upon request, without any prior judicial approval
or oversight, wherever a police officer suspects the data might be helpful to an investigation. Given the ever‐increasing amount of information on Canadians that is electronically accessible, stronger standards of protection are required, not weaker ones.

Finally, we are concerned with the legitimizing effect these orders will have on voluntary public‐ private cooperation, generally. Such cooperation turns private organizations against their customers and can undermine civil liberties as it occurs outside of safeguards existing within the Charter of Rights and Freedoms, which does not apply to private action. The legitimate role of Canada’s private sector is to provide services to customers, not to act as state agents with a mandate to spy on online activity. This legitimizing effect is complicated by murky liability immunization provisions for voluntary cooperation such as that found in former Bill C‐51.²

Inadequate External Oversight:
Second, external oversight mechanisms to track the extent to which searches and seizures of sensitive personal information under these sweeping new powers are conducted in an abusive manner are, at best, illusory. Former Bill C‐52, for example, places obligations on Canada’s
Privacy Commissioners to ensure the new powers it grants are not abused, but it fails to provide the Commissioners with any of the tools and resources that are a pre‐requisite to effective oversight. For example, Clause 20(4) mandates Canada’s Privacy Commissioners to use existing audit powers in order to monitor RCMP compliance. No new powers and no new resources are granted. Further, with respect to Provincial and municipal police, no auditing mandate is put in place at all. Indeed, many provincial Privacy Commissioners lack the statutory authority necessary to perform even the rudimentary audits envisioned federally by Clause 20(4). This appears to be a serious lapse, as municipal and Provincial police are expected to make most heavy use of new powers awarded in former Bill C‐52.

The intrusive powers proposed by former Bills C‐51 and C‐52 require far stronger external oversight to track abuse. Comparisons with oversight regimes overseen by data protection authorities in other jurisdictions demonstrate with clarity the woeful inadequacy of oversight as envisioned in the lawful access legislation. These international examples also demonstrate that it is not difficult to put in place workable oversight regimes that do nothing to impede the ability of law enforcement to conduct their legitimate duties. Yet the latest iteration of the lawful access legislation makes no attempt to enact such a regime. Indeed, former Bill C‐52 puts in place far more expansive and rigorous oversight to ensure private sector compliance with its intrusive requirements than it does to ensure lack of police abuse.

Identifying Canadians Online:
Third, we turn to the warrantless powers included in Clause 16 of former Bill C‐52 that will permit law enforcement to seize ‘subscriber data’ from telecommunications service providers. Access to subscriber data, as defined in the proposed legislation, raises serious privacy implications. It includes data that will allow state agents to identify anonymous online individuals at their sole discretion. Anonymous activity is integral to online speech and expression and is a key mechanism for ensuring privacy in a world where the list of individual activities that occur (and are recorded) online expands almost daily.

We believe that the surveillance capacities enabled by the many identifiers included in Clause 16 have been underestimated. IP addresses and email accounts, for example, can be used to track anonymous user activity across numerous websites and services and, with Clause 16 powers, to connect this information to a real‐life identity. The tracking enabled by persistent
device identifiers such as those included in Clause 16 is not well understood, as the Information & Privacy Commissioner of Ontario recently pointed out with respect to WiFi device identifiers.

Clause 16 will give state agents the power to access all of this highly sensitive personal information, even where there is no reason to suspect it will assist in the investigation of any offence. Indeed, former Bill C‐51³ will already grant state agents access to such data in any scenario where there is reason to suspect the information could assist in an investigation – a bar that is quite low to begin with. Yet Clause 16 goes further. What Clause 16 facilitates, simply put, are unjustified and seemingly limitless fishing expeditions for private information of innocent and non‐suspicious Canadians.

Paving the Way to Sweeping Secrecy Orders:
Further compounding the transparency and oversight problems already inherent in former Bill C‐52 are two provisions that pave the way to sweeping gag orders that will prevent individuals from effectively challenging abuses of the powers granted therein. Clause 6(2) permits the government to impose, in regulations, sweeping and categorical confidentiality obligations on service providers that will apply across all interception warrants. Second, under Clause 71, any telecommunications service provider obligated to comply with a warrantless seizure request will be subject to the secrecy provisions in proposed section 7.4 of PIPEDA. Proposed section 7.4 of PIPEDA prevents organizations from disclosing the fact of their cooperation with state efforts to spy on their customers. The sweeping nature of the secrecy measures envisioned by these provisions is in stark contrast to existing practice, where gag orders must be requested from a judge and justified on a case by case basis. The problem with such measures is that they will prevent individuals from challenging abuses of the powers granted in this Bill. Indeed, with categorical secrecy orders in place, surveillance that overreaches is least likely to ever be challenged in court, as the results of such surveillance are less likely to later appear in Court proceedings.


Footnotes
¹ Clause 13 of former Bill C‐51, which would have amended the Criminal Code by adding section 487.017.
² Clause 13 of former Bill C‐51, which would have replaced existing section 487.014(2) of the Criminal Code with proposed section 487.0195(2).
³ Clause 13 of former Bill C‐51, which would have amended the Criminal Code by adding sections 487.013 and 487.015


[Note: the only amendments I have made was to add links to the signatories, and then reformat it as a single page to allow better rendering on a fluid webpage. Any typographical mistakes are my own.]


Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »