Frankly, it's getting exhausting how many problematic things there are to push back against. Can our government do nothing to build a just and sustainable society without immense pressure?
With thanks to the International Civil Liberties Monitoring Group (ICLMG) for the letter
To...
I am alarmed at the newly proposed Combatting Hate Act (Bill C-9). The government has said it is meant to prevent hate crimes, yet instead it threatens the Charter rights and civil liberties of all people in Canada, including those communities that the government wishes to help protect.
New provisions in the bill would outlaw the display of symbols associated with listed terrorist entities.
The listing of terrorist entities is secretive, politicized, discretionary and *violates due process*.
It has been used to target groups that have fought for rights of self-determination and against occupation, all while Canadian governments have failed to act against the much more prevalent and deadly violence enacted by states. Based on these concerns, among others, the International Civil Liberties Monitoring Group coalition has called for the terror entities list to be abolished, and opposes the creation of new laws that use the terrorist entities list as their basis.
Furthermore, giving police the ability to discern what symbols are associated with a terrorist entity grants enormous discretionary power they have not proven themselves worthy of. Already, political and cultural symbols associated with Palestinian culture and human rights, including the keffiyeh, have illegitimately been associated with terrorist entities or hate. These new provisions would be a license for police to detain people first, and ask questions later, during protests and other gatherings, further undermining freedom of assembly and free expression.
New offenses in Bill C-9 regarding obstruction and intimidation in proximity to certain places, including places of religious worship, schools, community and sports centres, raise similar concerns. The Criminal Code already allows for police to act on the basis of mischief, intimidation, harassment, or threats. As we have seen across the country, especially in regards to protests in support of Palestinian rights, police have more than enough powers to disrupt protests on a wide range of grounds, and in fact have often engaged in over-enforcement, demonstrated by the myriad of charges that have been dropped, as well as the violent dismantling of peaceful encampments. All of this makes clear that these new powers are unnecessary. Moreover, the broad wording would empower police to take discretionary action based on how they interpret the "intent" of protesters – not protesters’ actions.
Bill C-9’s removal of the existing requirements for attorney general approval of laying hate propaganda charges, allowing police to make these decisions, compound these concerns.
The proposed new offences would carry significant penalties, including the threat of jail time, and will result in people who would ordinarily take action to speak out on important social issues refraining from doing so under the fear of being trapped in the dragnet of additional, unclear and broad discretionary powers.
Bill C-9 must be withdrawn. It is so contrary to its own aims as to be irredeemable.
I would appreciate a response to these concerns as soon as possible.
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