CFSC Service

Democracy, the rule of law and a culture of human rights
cannot be defended by abdicating these very principles.
Security and freedom are not opposites.
Respect for fundamental rights is an essential condition,
a vital component of security.

~ Roch Tassé, International Civil Liberties
Monitoring Group

In the wake of the September 11, 2001 attacks in New York and Washington, Canada, along with many other countries, enacted anti-terrorism legislation along lines recommended by the United States.  Quakers joined other groups to form the International Civil Liberties Monitoring Group (ICLMG) , and examined the Canadian legislation. We concluded that the legislation was developed to appease the anxieties of the US Administration rather than to answer any evident need within Canada; and that pre-existing Canadian and international law was already more than sufficient for purposes of reasonable security.

We found the legislation to be likely to have damaging effects, both through intention and poor drafting. It could be used to criminalize dissent. It disproportionately threatened those already vulnerable as members of minority groups: immigrants, naturalized Canadians, refugees, Muslims and Indigenous peoples. By the threat of unjust surveillance, harassment, wrongful conviction, denial of charitable status, and seizure of assets, it could hinder and discourage the humanitarian work and social witness to which Quakers and many others are called by the Spirit. Of particular concern was the lack of due process for the accused, and the lack of adequate accountability on the part of those given authority under the legislation.

Our experience of the implementation of the legislation and related processes since then have borne out these conclusions.

Following the consensus of the ICLMG members, we have joined in numerous cases and campaigns. Individual Friends have also taken actions such as standing surety for bail for persons accused based on secret evidence, attending court hearings to witness the struggle for due process, contributing funds for humanitarian assistance and legal costs.

Colin Stuart,Fran Schiller and Eric Schiller outside Ottawa courthouse after Hassan Diab hearing, June 2011. Photo: passer-by

Resources

• Speaking Truth to Power: A Quaker Response to the Anti-Terrorism Act (February 2005).  This  is CFSC’s submission to the Parliamentary Subcommittee on Public Safety and National Security at the moment of the mandatory review of the Act.
• Brochure on Canada’s Anti-Terrorism Act (June 2004)
• Anti-terrorism and the Security Agenda: Impacts on Rights, Freedoms, and Democracy by the International Civil Liberties Monitoring Group (February 2004)
• Briefing Paper for Canadian Quaker Meetings and Bodies (November 2002). This paper is about how the Canadian Anti-terrorism Legislation can affect charities and individuals.