10.24.2006

law

Some good, some bad.

Last week, in a positive ruling for free speech and democracy, an Ontario court threw out parts of Canada's secrecy law.
An Ontario court has struck down sections of Canada's secrecy law in throwing out RCMP warrants used to search a reporter's home.

The Ontario Superior Court judgment released Thursday quashes three sections of the so-called leakage provisions of the Security of Information Act, passed following the 9/11 terrorist attacks on the United States.

The provisions were directly drawn from the decades-old Official Secrets Act, long criticized as archaic and poorly drafted.

David Paciocco, a lawyer for Ottawa Citizen reporter Juliet O'Neill, says the ruling underscores the media's role in protecting democracy.

"It's a tremendous affirmation of the importance of freedom of the press and freedom of expression," Paciocco said after reading the judgment.

"This is also an ultimate vindication of Ms. O'Neill."

Squads of Mounties combed through O'Neill's home and office on a cold January morning in 2004 in an attempt to find the source of information about the Maher Arar affair.
On the other hand, this morning, the Liberals join the Conservatives in calling for an extension of Canada's version of the so-called USA-Patriot Act. (The law, as I understand it, is not nearly as objectionable as the Patriot Act.)
The lifespan of the most controversial anti-terrorism powers granted to police after the Sept. 11, 2001, attacks should be extended to 2011 to safeguard national security, a parliamentary committee recommends.

The measures — preventive arrest and investigative hearings for material witnesses in terror cases — should be reviewed again once the country has had a decade of experience with them, the public safety committee said yesterday. Neither power has yet been used.
Here's the part that cheered me:
But the Bloc Québécois and New Democratic members on the committee issued a minority report, urging the immediate end to preventive arrest, calling it unnecessary and "most likely to give rise to abuses.
I was very encouraged to see the Bloc standing in opposition here, since it's their support of the Tories we have to worry about.

On a more local front, Toronto Mayor (in full campaign mode) suggests Permanent Residents should have the right to vote in local elections.
Toronto's estimated 200,000 landed immigrants should be given the right to vote in municipal elections because they deserve input into issues that directly affect their neighbourhoods, Mayor David Miller says.

"We allow people who don't live in Toronto to vote, simply because they own property here," Miller told the Toronto Star's editorial board yesterday. "And if we ask ourselves, 'How have we let neighbourhoods where there are often high proportions of landed immigrants deteriorate?' one of the reasons is they haven't had a vote.

"They haven't had a real say in the decisions that are affecting them," he said. "And if somebody who lives in Calgary but owns a piece of property here has a right to vote in municipal elections, I think somebody who lives here, committed to the city, has a right to vote."
I find it amusing that so many Canadians - including Miller and the Star still use the expression "landed immigrant". The CIC doesn't use it at all. There's really no such thing as a landed immigrant anymore.

5 comments:

Lone Primate said...

On a more local front, Toronto Mayor (in full campaign mode) suggests Permanent Residents should have the right to vote in local elections.

I think I'm going to surprise everyone here, but I oppose this. There aren't many rights in Canada that accrue solely to citizens, but the right to vote is one. If you're not a citizen yet, it's only a matter of time. You might miss one, maybe two elections. We let non-citizens join parties, help shape policy and select candidates, address and petition legislatures... but the right to actually elect officeholders is, and ought to remain, the purview of the people who are members of the Canadian polity: the citizens.

Let's face it. There are people who've lived here years — decades — and they've never bothered to commit to this country by becoming citizens. For whatever reasons; it doesn't matter to me, their reasons are their own — but they've made that choice. I don't want such people voting in elections in this country, no matter how trivial. Until you raise your hand in front of a judge and say those words, you haven't made the essential conscious act to committing to and internalizing the idea of Canada; you do not belong to it and it does not belong to you. It is simply where you live, and there's a difference. I will grant you every other courtesy and privilege, but not the right to decide who governs me. Not until you choose to be one of us.

Demonstrating one's commitment by living here a handful of years and making an application isn't much to ask (and what is it, after all, you're applying for? The vote and the passport; that's about it). The bar for citizenship is set pretty low in Canada. If you make it here legally, it's almost always just a matter of sticking it our a few years, and then swearing the oath. We're not asking much, not compared to countries like Germany or India. But that much at least we do, and should, insist upon. Otherwise we might as well just hand out citizenship to anyone who steps off the plane at Pearson along with a complimentary bag of Halloween candy.

"We allow people who don't live in Toronto to vote, simply because they own property here," Miller told the Toronto Star's editorial board yesterday.

Right. And that should end. You vote where you live. You vote ONCE. Period. End of story. You want to vote where your factory is? Fine. Move into the office.

L-girl said...

I agree with Lone Primate.

Although I would perhaps put it in less strenuous terms, I do think the right to vote should be reserved for citizens, especially given how easy it is to become a citizen here.

And voting where you (only) own property but do not live is a regressive notion, harkening back to the days of the landed gentry. An archaic idea that should be scrapped.

Lone Primate said...

Something I meant to point out for forgot to mention... it wasn't even twenty years ago that non-Canadian citizens who were British subjects (citizens of the other 15 Commonwealth Realms where the Queen is head of state) could vote in Ontario's provincial elections. The last election in which they could was, I believe, 1987. Since then, the franchize has been restricted to Canadian citizens, as it should be. We've finally tightened the bolts on this and invested our citizenship with some real meaning and value. I don't want to see that thrown into reverse.

Scott M. said...

More good news:
----
Anti-terrorism Act violates charter rights, judge rules

CBC News

The first person in Canada charged under the federal Anti-terrorism Act won a legal victory on Tuesday when an Ontario judge struck down a provision that defines terrorism because he says it violates charter rights.

Justice Douglas Rutherford of Ontario's Superior Court ruled that a section of the Anti-terrorism Act that defines "terrorism" violates the Canadian Charter of Rights and Freedoms.

The ruling is good news for Mohammed Momin Khawaja, but it does not mean he will be freed.

Khawaja has been in custody since he was arrested by police on March 29, 2004, in connection with seven criminal charges that allege he took part in and helped an extremist organization in Britain. He continues to be behind bars.

It is not yet clear what the impact of the ruling will be on his legal status, according to the Canadian Press.

Khawaja, 27, a software developer who was living in the Ottawa area, was expected to face a trial in January.

L-girl said...

Thanks, Scott. I'm so glad to see these court rulings. Canada is still heading in the right direction.