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Legal experts from across Canada are urging all parliamentarians to “ensure that C-51 not be enacted in anything resembling its present form.” They argue, in an open letter published on the National Post, that the federal government’s anti-terrorism bill is a “dangerous piece of legislation” that has not been given due debate. The Harper government decided to cut off a second reading debate of the bill on February 23, after less than three days of discussion.
The authors of the letter note the lack of debate is a “troubling undermining of our parliamentary democracy’s ability to hold majority governments accountable.”
“It is sadly ironic that democratic debate is being curtailed on a bill that vastly expands the scope of covert state activity when that activity will be subject to poor or non-existent democratic oversight or review.”
The full text of the open letter is reproduced below:
Dear Members of Parliament,
Please accept this collective open letter as an expression of the signatories’ deep concern that Bill C-51 (which the government is calling the Anti-terrorism Act, 2015) is a dangerous piece of legislation in terms of its potential impacts on the rule of law, on constitutionally and internationally protected rights, and on the health of Canada’s democracy.
Beyond that, we note with concern that knowledgeable analysts have made cogent arguments not only that Bill C-51 may turn out to be ineffective in countering terrorism by virtue of what is omitted from the bill, but also that Bill C-51 could actually be counter-productive in that it could easily get in the way of effective policing, intelligence-gathering and prosecutorial activity. In this respect, we wish it to be clear that we are neither “extremists” (as the Prime Minister has recently labelled the Official Opposition for its resistance to Bill C-51) nor dismissive of the real threats to Canadians’ security that government and Parliament have a duty to protect. Rather, we believe that terrorism must be countered in ways that are fully consistent with core values (that include liberty, non-discrimination, and the rule of law), that are evidence-based, and that are likely to be effective.
The scope and implications of Bill C-51 are so extensive that it cannot be, and is not, the purpose of this letter to itemize every problem with the bill. Rather, the discussion below is an effort to reflect a basic consensus over some (and only some) of the leading concerns, all the while noting that any given signatory’s degree of concern may vary item by item. Also, the absence of a given matter from this letter is not meant to suggest it is not also a concern.
We are grateful for the service to informed public debate and public education provided, since Bill C-51 was tabled, by two highly respected law professors — Craig Forcese of the University of Ottawa and Kent Roach of the University of Toronto — who, combined, have great expertise in national security law at the intersection of constitutional law, criminal law, international law and other sub-disciplines. What follows — and we limit ourselves to five points — owes much to the background papers they have penned, as well as to insights from editorials in the media and speeches in the House of Commons.
Accordingly, we urge all MPs to vote against Bill C-51 for the following reasons:
Above, we have limited ourselves to five central concerns, but it is important to reiterate that some or all of the signatories have serious concerns about a good number of other aspects of C-51 – and/or about detailed aspects of some of the concerns that were generally expressed in the above five points. The following are some (but only some) of those concerns, in point form. They are included by way of saying that signatories believe these all need to be looked at closely and rigorously during House of Commons committee study of C-51, now that it has passed Second Reading:
We end by observing that this letter is dated Feb. 23, 2015, which is also the day when the government has chosen to cut off Second Reading debate on Bill C-51 after having allocated a mere three days (in reality, only portions of each of those days) to debate. In light of the sweeping scope and great importance of this bill, we believe that circumventing the ability of MPs to dissect the bill, and their responsibility to convey their concerns to Canadians at large before a Second Reading vote, is a troubling undermining of our Parliamentary democracy’s capacity to hold majority governments accountable. It is sadly ironic that democratic debate is being curtailed on a bill that vastly expands the scope of covert state activity when that activity will be subject to poor or even non-existent democratic oversight or review.
In conclusion, we urge all Parliamentarians to ensure that C-51 not be enacted in anything resembling its present form.
Yours sincerely,
Jennie Abell, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Amir Attaran, Associate Professor, Faculty of Law – Common Law , University of Ottawa
Natasha Bakht, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Clayton Bangsund, Assistant Professor, College of Law, University of Saskatchewan
Margaret Beare, Professor of Law and Sociology, York University
Faisal Bhabha, Assistant Professor, Osgoode Hall Law School, York University
Jennifer Bond, Assistant Professor, Faculty of Law – Common Law, University of Ottawa
Suzanne Bouclin, Assistant Professor, Faculty of Law – Civil Law, University of Ottawa
Susan Boyd, Professor, Peter A. Allard School of Law, University of British Columbia
Sarah Buhler, Assistant Professor, College of Law, University of Saskatchewan
Karen Busby, Professor, Faculty of Law, University of Manitoba, and Director, Centre for Human Rights Research
Michael Byers, Professor and Canada Research Chair, Global Politics and International Law, University of British Columbia
Angela Cameron, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Pascale Chapdelaine, Professor, Faculty of Law, University of Windsor
Larry Chartrand, Professor, Faculty of Law – Common Law, University of Ottawa
Allison Christians, H. Heward Stikeman Chair in Tax Law, Faculty of Law, McGill University
Brenda Cossman, Professor, Faculty of Law, University of Toronto
Stephen Coughlan, Professor, Schulich School of Law, Dalhousie University
François Crépeau, Hans & Tamar Openheimer Professor in Public International Law, Faculty of Law, McGill University
Hugo Cyr, Professor of Law, University of Quebec in Montreal
Jennifer E. Dalton, Assistant Professor, School of Public Policy and Administration, York University
Maneesha Deckha, Associate Professor, Faculty of Law, University of Victoria
Julie Desrosiers, Professor, Faculty of Law, University Laval
Peter Dietsch, Associate Professor, Department of Philosophy, University of Montreal
Stacy Douglas, Assistant Professor, Department of Law & Legal Studies, Carleton University
Susan Drummond, Associate Professor of Law, Osgoode Hall Law School, York University
Isabelle Duplessis, Professor, Faculty of Law, University of Montreal
Stuart Farson, Adjunct Professor, Political Science, Simon Fraser University
Gerry Ferguson, Distinguished Professor, Faculty of Law, University of Victoria
Leonard, Findlay, Professor, College of Arts and Science, University of Saskatchewan, and Director, Humanities Research Unit
Colleen Flood, Professor, Faculty of Law, University of Ottawa; Research Chair in Health Law & Policy
Fabien Gélinas, Professor, Faculty of Law, McGill University
Daphne Gilbert, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Jassmine Girgis, Associate Professor, Faculty of Law, University of Calgary
Isabel Grant, Professor, Peter A. Allard School of Law, University of British Columbia
Marie Annik Grégoire, Associate Professor, Faculty of Law, University of Montreal
Sakej Henderson, Professor, University of Saskatchewan, Research Director, Native Law Centre of Canada
Gleider I. Hernández, Senior Lecturer in Public International Law, Durham Law School
Steve Hewitt, Senior Lecturer, Department of History, University of Birmingham
Louis-Philippe Hodgson, Associate Professor, Department of Philosophy, York University
Felix Hoehn, Assistant Professor, College of Law, University of Saskatchewan
Jula Hughes, Associate Professor, Faculty of Law, University of New Brunswick
Allan Hutchinson, Distinguished Research Professor of Law, Osgoode Hall Law School, York University
Shin Imai, Associate Professor of Law, Osgoode Hall Law School, York University
Martha Jackman, Professor, Faculty of Law, University of Ottawa
Juliet Johnson, Associate Professor, Political Science, McGill University
Rebecca Johnson, Professor, Faculty of Law, University of Victoria
Jasminka Kalajdzic, Associate Professor, Faculty of Law, University of Windsor
Charis Kamphuis, Assistant Professor, Faculty of Law, Thompson Rivers University
John Keyes, Adjunct Professor, Faculty of Law, University of Ottawa
Muharem Kianieff, Associate Professor, Faculty of Law, University of Windsor
Jeff King, Senior Lecturer, Faculty of Laws, University College London
Jennifer Koshan, Professor, Faculty of Law, University of Calgary
François J. Larocque, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Fannie Lafontaine, Associate Professor, Canada Research Chair on International Criminal Justice and Human Rights, University Laval
Louis-Philippe Lampron, Professor, Faculty of Law, Laval University
Nicole LaViolette, Professor, Faculty of Law – Common Law, University of Ottawa
Jean Leclair, Professor, Faculty of Law, University of Montreal
Ed Levy, Retired Professor of Philosophy, University of British Columbia
Brian Lewis, Professor of History, McGill University
Jamie Liew, Assistant Professor, Faculty of Law – Common Law, University of Ottawa
Catherine Lu, Associate Professor, Political Science, McGill University
Audrey Macklin, Professor of Law and Chair in Human Rights Law, Faculty of Law, University of Toronto
Alice MacLachlan, Associate Professor, Philosophy, York University
Warren Magnusson, Professor, Department of Political Science, University of Victoria
Kathleen Mahoney, Professor of Law, University of Calgary; Fellow of the Royal Society of Canada
Marie Manikis, Assistant Professor, Faculty of Law, McGill University
John Manwaring, Professor, Faculty of Law – Common Law, University of Ottawa
Michael Marin, Assistant Professor, Faculty of Law – Common Law, University of Ottawa
Graham Mayeda, Associate Professor, Faculty of Law – Common Law, University of Ottawa
Sheila McIntyre, Professor Emerita, Faculty of Law – Common Law, University of Ottawa
Michael M’Gonigle, Professor, Faculty of Law, University of Victoria
Cynthia Milton, Associate Professor, Department of History, University of Montreal
Richard Moon, Professor, Faculty of Law, University of Windsor
Mary Jane Mossman, Professor of Law, Osgoode Hall Law School, York University
Claire Mummé, Assistant Professor, Faculty of Law, University of Windsor
Roxanne Mykitiuk, Associate Professor of Law, Osgoode Hall Law School, York University
Pierre Noreau, Professor, Faculty of Law, University of Montreal
Darren O’Toole, Professor, Faculty of Law, University of Ottawa
Charles-Maxime Panaccio, Associate Professor, Faculty of Law, University of Ottawa
Steven Penney, Professor, Faculty of Law, University of Alberta
Denise Reaume, Professor, Faculty of Law, University of Toronto
Philip Resnick, Professor Emeritus, Political Science, University of British Columbia
Darryl Robinson, Associate Professor, Faculty of Law, Queen’s University
David Robitaille, Professor of Constitutional Law, University of Ottawa and trustee at the Quebec Centre for Environmental Law
Sanda Rodgers, Professor Emerita, Faculty of Law, University of Ottawa
Bruce Ryder, Associate Professor of Law, Osgoode Hall Law School, York University, and Academic Director, Anti-Discrimination Intensive Program
Hengameh Saberi, Assistant Professor of Law, Osgoode Hall Law School, York University
Calvin Sandborn, Professor, Faculty of Law, University of Victoria, Legal Director, UVic Environmental Law Centre
Steven Savit, Professor, Department of Philosophy, University of British Columbia
Jennifer Schulz, Associate Professor, Faculty of Law, University of Manitoba
Dayna Scott. Associate Professor of Law, Osgoode Hall Law School, York University, and Graduate Program Director
Noel Semple, Assistant Professor, Faculty of Law, University of Windsor
Martha Shaffer, Associate Professor, Faculty of Law, University of Toronto
Elizabeth Sheehy, Professor, Faculty of Law – Common Law, University of Ottawa
James Sheptycki, Professor of Criminology, Faculty of Liberal Arts and Professional Studies, York University
James Stewart, Assistant Professor, Peter A. Allard School of Law, University of British Columbia
Donald Stuart, Professor, Faculty of Law, Queen’s University
Marie-Eve Sylvestre, Associate Professor, Faculty of Law – Civil Law, University of Ottawa, and Vice-Dean, Research and Communications
François Tanguay-Renaud, Associate Professor of Law, Osgoode Hall Law School, York University, and Director, Nathanson Centre on Transnational Human Rights, Crime and Security
David Tanovich, Professor, Faculty of Law, University of Windsor
Christine Tappolet, Professor, Department of Philosophy, University of Montreal
Saul Templeton, Assistant Professor, Faculty of Law, University of Calgary
Kimberley N. Trapp, Senior Lecturer in International Law, Faculty of Laws, University College London
Gus Van Harten, Associate Professor of Law, Osgoode Hall Law School, York University
Lucinda Vandervort, Professor, College of Law, University of Saskatchewan
Wilfrid Waluchow, Professor, Senator William McMaster Chair in Constitutional Studies, Department of Philosophy, McMaster University
Christopher Waters, Professor, Faculty of Law, University of Windsor
Wesley Pue, Professor, Peter A. Allard School of Law, University of British Columbia
Reg Whitaker, Distinguished Research Professor Emeritus, York University, and Adjunct Professor of Political Science, University of Victoria
David Wiseman, Assistant Professor, Faculty of Law – Common Law, University of Ottawa
Stepan Wood, Professor, Osgoode Hall Law School, York University
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