NEW ANTI-TERRORIST LAWS CREATE A TENDENCY TOWARDS "ORWELLIAN 1984" POLICE STATES
If anyone has any doubts about our Western democracies by now
have got a tendency towards becoming police states, read this
transcript from a talk by constitutional lawyer Galati, and you
will see that the new "anti-terrorist" laws have
already enacted a tendency towards removal of our basic rights to
oppose government policy. The extent to which they are used and
abused remains to be seen, but as this one lawyer asserts, the
new laws seem have an aim to silence a lot of effective dissent.
Rocco Galati on Canada's
tendency towards a Police State Agenda in anti Terrorism laws
Canada's Anti- Terrorism Laws- Bills C36, C22, C35,
C42. Presentation by Rocco Galati at a forum sponsored by the
Scientists For Peace Toronto, December 2001 (Canada's
Globalization, Militarization, Police State Agenda)
My name is Rocco Galati. I am a constitutional lawyer. I was a
lawyer for the Crown for a few years before I went into private
practice cases against
the government. I was the counsel who brought the MAI case
up through the courts to the Supreme Court of Canada, and argued
the Quebec city
injunction perimeter fence case up to the Supreme Court of Canada.
I have been doing CSIS terrorist certificate cases under the
Immigration Act, the
so called secret trials that are now going to be part of C36
secret trial mechanism.
In a nutshell, what is in Bill C 36, and is undoubtedly not
open for debate, what Bill C36 does is as follows. It has
very little to do with terrorism. Terrorism is very easy to
define. I have defined it for clients of mine appearing
before parliamentary and senate committees. Terrorism is a very
simply definition. It is the application of terrorism that is all
the problem. I define terrorism as the threat of or use of
violence and arms by an armed group or individual against an
unarmed group or individual for political, racial, religious,
social, or economic reasons including state terrorism.
You can take any other armed conflict whether it is two people
dueling at dawn over a woman 200 years ago, or two groups in an
insurrection or civil war, or war, or somebody doing it for
profit, or drug running. We have laws to cover that, but
that is not terrorism.
The only problem with a definition of that sort is that you have
to apply it equally, and that's where we get into problems,
because certain states want to be able to support terrorism
when it suits their needs. My only point is that this bill
has very little to do with terrorism in the sense that the first
speaker was speaking about.
1. What this bill does is really codify militarization and a
police state, and further globalization interests. You see
it right in the bill. The Bill is overly broad. Even
though they took out the "lawful", the Bill still
catches dissent. It still catches protest. Protests that
interrupt public facilities are acts of terrorism under this bill.
No question about it, whether they are "lawful" or not,
if they endanger life. Any protest that is going to cut off
a part of the city from essential services like ambulances by
definition endangers life. That is the price we pay in
democracy. That is a terrorist act under this Bill. .The other
thing the Bill does is that it can convict you of facilitating
2. terrorism without any knowledge or intent.
The government pretended that they changed the definition, but
they didn't. They changed it in one section and they took
ir away in another. Even if you don't know you are facilitating,
you are going to get caught. So the guy who sells the
envelopes and the stamps at the corner store in my view is
facilitating terrorism when the purchaser puts anthrax in
them and mails them off, whether he knows it or not.
3. Then there is the 72 hour arrest on suspicion. The only
test here is you can be held here for 72 hours without being
charged on suspicion. That is not a test. That is not even
a smell test. What is the suspicion going to be based on?
It will be based on another portion of the Bill which allows the
Court and police "in determining whether an accused
participates in or contributes to any activity of a terrorist
group the court may consider among other factors whether the
accused uses a name, word, symbol, or other representation that
identifies or is associated with the terrorist group".
Now if I look around this room, I can probably pick out five or
six women here who I find suspicious because the legislation
allows it. So if you use the same religious or codeful
symbols that some terrorist group has misappropriated for their
own purpose, even though they are valid religious or cultural
symbols of Islam or being Arab or being Tamil or being Sikh, then
the legislation grants the police and the Courts the right to use
that as the basis of suspicion. In my language that is just
racist profiling. Racism, that is all it is. So the 72 hour
detentions are also problematic because there is no stop to the
revolving door. One police officer on suspicion will arrest
you for the 72 hours. You are released. That is not to say
they can't come back in 12 hours or 12 minutes and re-arrest you
on another suspicion. So you can go around the revolving
door this way. And they can put conditions on you similar
to bail conditions even though you are not charged or arrested
with anything, for a year at least without charging.
4. Investigative hearings are nothing short of Roman Catholic
Inquisitions. That is all they are, maybe without the torture,
maybe not. But who knows what people get tortured. Every
group in this country has suffered torture at police hands.
That's documented. So you are hauled in, and you have to answer
questions. If you don't answer questions, you are subject to
criminal charge. They say they can't use the answers
against you in a court. Well, that's not true because (1)
they can use the answers to go engage in further investigation
outside the answers, and that evidence can be used in court. (2)
If you ever take the stand to defend yourself, the case law is
clear they can use your answers to say that you are lying.
So it is not true that they can haul you in and anything you say
will never be used against you in court.
5. Really nasty provisions that no one seems to be talking about,
quite frankly because they are so foreign to our law and our
experience, are the secret trial provisions. Right now in Canada,
there is only one instance where you get secret trials - that is
on CSIS terrorist cases under the Immigration Act. That is where
someone is accused of being a terrorist or associated with
terrorism. What happens when they allege that you are a terrorist
is that you never get to see the evidence. Your lawyer
never gets to see the evidence. All you get is a summary of the
allegations against you. And then the lawyer for the
government sits with the judge and they review the evidence.
And then you go into open court, and the judge says, "What
do you have to say in response to the fact that we say you are a
terrorist?" And so the game goes something like this: "I
was born in a little village" somewhere, wherever. "I
knew all these people", and you literally have to ransack
through a person's life and hope that in doing so that you are
addressing whatever evidence, distorted rumor or hearsay evidence
that is before the judge. So these secret trials are really
foreign. They've been around since 1990 in Canada (under
Immigration cases, not the Criminal Law) . There has only
been one case where it was fought and won. That was a case
I fought and won two years ago. It was called Jibala.
A case from Egypt. But lo and behold they re-arrested him
again even though the federal court said there is nothing to the
allegation. They re-arrested him this August and we are
back on the merry go round. So now under, C36 at various stages,
if the police or the CSIS or RCMP say, "I can't answer that
question, I can't divulge that evidence because it's "national
security" (they usually lower their voice to say that) then
you don't get to see it. That's very dangerous because our
whole system is based on testing the evidence against you.
6. That also goes for the confiscation of property. These secret
trials allow for the confiscation of property as well. So your
daughter has a friend who is Muslim who has a brother who may be
associated with a group that is on the list. Let's say
there is any money that transfers. Let's say your daughter
is helping you with the mortgage, but she gets some help from her
brother to pay the mortgage. They can and will confiscate
your house. You will never know why. Because that money is
coming indirectly from a terrorist source, even though you don't
know that your daughter is getting money from her brother, and
he's associated with somebody, that property can and will be
confiscated, and you will never know why. You will never see the
evidence, and nobody will know why your property is getting
confiscated, except for a bald allegation that is tied to
terrorism.
7. Lastly, I want to say I personally find all this
legislation C36, C35, C22, C 42 offensive: C35 which broadens
state immunity to state terrorists or dignitaries from
abroad from international organization. If they are
terrorists its OK. They are immune from our law; C22 that
makes lawyers spies for the government. They have to report
suspicious activity and not tell their client; and C42 that's
just been introduced which allows ministers to delegate authority
to their officers to declare military security zones on the spot,
issue orders on the spot, and nobody can discuss the orders, even
the subject of the order, because if you discuss it or publicize
it, that's a separate criminal offence; If you take all these
bills together, it doesn't take a rocket scientist to see that
what we have here is a road map for, essentially, I am not
exaggerating, a military junta, really in the hands of
four cabinet ministers who can delegate right down to the ground.
That what's happening. If you look at, and there's no
argument against this if you look at the legislation, it is so
offensive.
8. The last point I want to make about this globalization and the
militarization of that agenda is that if you look at the
definition of terrorism, what they have done is very reptilian,
very slivery, so nasty. They have included in the definition of
terrorism "threats to and including its economic security".
So if you do anything that threatens the economic security of
Canada, you are engaging in a terrorist act. Now, in addition to
all the problems of protest, there is something even more
insidious than this than just what is found in the definition of
terrorism. Another part of this omnibus bill (Bill C 36) is that
they've re-defined the Official Secrets Act and renamed it the
State Security Act. Under that legislation, S3 of that act (Official
Secrets Act) which is S.27 of this Bill C36, it says "for
the purpose of this act a purpose is prejudicial to the safety or
interest of the state if a person..." Then there are various
thing that a person can do to endanger the security of the state:
(a) "interferes with the service
facility or system or computer program"
(b) "damages property"
(c) (really offensive) "adversely
affects the stability of the Canadian economy, a financial
system, or any financial market in Canada without reasonable
economic or financial justification" So boycotts of the
markets or the banks on ethical or environmental grounds are now
an act of terrorism. When you grasp that that's "the
economic security of the country" via the Official Secrets
Act, now the State Security Act, you can't even have financial
dissent. And then, here are the ones that are really nice.
(d) "impairs or threatens the
capability of the government or the Bank of Canada to protect
against or respond to economic or financial threats or
instability (e) "impairs or
threatens the capability of the government of Canada to conduct
diplomatic or consular relations or conduct and manage
international negotiation.
So, no more Quebec city protests. They are all an act of
terrorism. No protesting any stock marke,t any financial
market, or ethical or environment laws. So that's how broad
this bill is, and that's how broad the net has been cast. Answers
to questions:
1.Q; Charter Rights:
A: There is not one single right in the Charter that has been
developed from the Magna Carta to the English Bill of Rights, to
the French Declaration of the Rights of Man, to the U.S. Bill of
Rights, to the U.N. Charter, to the Canadian Bill of Rights, and
to our Charter that has not been urinated upon and buried.
There is not one right that it does not completely undo.
You name me the right and I will tell you how it does it.
2. Q;
A: CSIS secret trials: CSIS secret trials in our Immigration law
resulted from pressure from the USA against the Muslim and
Arab communities. The Mulroney government put in the
secret trial provisions back in the 80's.
3. Q: Can these Bills be overruled?
A: Once you get handcuffed, and you get a lawyer, and you spend
so much time in pre-hearing custody in the Metro West
Detention Center where they put you in a hole for 18 out of 24 ,
you get 5 minutes in the yard if you are lucky. You
do not get to phone your family or your lawyer. That is
what is happening now with an immigration hold. Then you go
in front of judge and you can make a Charter challenge.
Then the court may or may not strike it. But you know,
charter challenges and judicial court review are no substitutes
for proper political debate and social economic
balance in a society.
We were in front of the Senate the other day, and they sighed in
relief that of course we were going to challenge it in the Courts
and we said, "That is not a proper substitute. Do not
be going to sleep hoping that we challenge it. It is your
job to put in a proper bill." This is where it is
offensive.
4. A: I was an ex Crown Attorney. I read this bill as if I
were prosecuting.
5. A: C42 is even worse than C36 .
6. Q: What motivated our government to put in these Bills?
A: I am not shy in saying this given my work on the MAI case and
the Quebec city case. Anyone in tune with globalization protests
and the agenda of the government (whether or not globalization is
a good or bad thing, I am not going to reveal my true beliefs
cause I don't want to get fired by my clients but ) it became
clear to the government of Canada that they were losing the
handle on the globalization issue and I think they stomped on us.
In fact, I know from friends of friends from the Justice
Department in Ottawa that they were just foaming at the mouth
when they got this opportunity, (hundreds of justice lawyers
working on this). This thing has to do with giving globalization
a military and police state so that nobody can protest. They can
bash our heads now legally. They've been doing it
anyway. So that's what motivated the government.
If you read the Bill, this Bill (C36) should be 10 pages thick.
You go to the Criminal Code. You enact terrorism, and you're done.
"Anyone who trades liberty for security deserves neither
liberty nor
security"...
Benjamin Franklin
"Fascism should rightly be called corporatism as it is
a merge of state
and corporate power"...
Benito Mussolini
"A nation that forgets its past is doomed to repeat it"
...
Winston Churchill
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