OTTAWA - The Liberal government will kill controversial anti-terrorism legislation and replace it with a new bill to dramatically soften proposals that would have given Cabinet ministers wide powers to infringe on the civil rights of Canadians without parliamentary oversight.
The Public Security Act, an omnibus bill crafted in the emotional weeks after the Sept. 11 terrorist attacks in the United States, was supposed to have been fast-tracked through Parliament.
But in the face of widespread public criticism, including strong objections from the Liberal caucus, about the scope of Bill C-42, insiders say the legislation will be withdrawn and replaced by more moderate legislation later this week.
When the bill was introduced in November, the Liberals said Bill C-42 was intended to allow ministers to respond immediately to terrorist threats without waiting for authorization from Cabinet.
Insiders now say a controversial provision that would have given the Defence Minister power to declare any area of Canada a temporary military zone will be dropped and the bill will be altered to limit the power of Cabinet ministers wishing to impose martial law without checks or balances from Parliament or the judiciary.
"There were issues that were raised around a couple of things in C-42 that were raised in the House, including the military exclusion zones as well as the ordering-making powers of ministers, so certainly we have thought to address those concerns and looked at some other issues as well, but it is still being finalized," John Manley, the Deputy Prime Minister, said in an interview yesterday.
The most contentious part of Bill C-42 gave legal authority to the Defence Minister to designate any part of Canada a temporary military zone for up to one year and allow the Canadian Forces to "forcibly remove" anyone during that time.
The provisions of Bill C-42 would also have empowered Ottawa to use the Army as security at the G8 meeting in Alberta's Kananaskis Park if police were unable to keep violent anti-globalization protesters away from the conference site.
Under current legislation, Cabinet must declare an emergency before the Army can be called in, which would also require Parliamentary debate. Bill C-42 would have allowed a Cabinet minister the discretionary power to act unilaterally to deploy soldiers.
Ralph Goodale, the Government House Leader, would not discuss details of the overhaul of C-42, but said Canadians "can expect to see some fair indication of the government's direction on Bill C-42 within the next number of days."
Mr. Goodale said the government hopes to have the new bill through the Commons by the time the House rises for its prolonged summer recess, expected as early as next month.
A government insider said public sentiment has shifted since Bill C-42 was first introduced and Cabinet has decided it would have been too intrusive.
"When they sat down to say, 'OK, how are we going to fix it?' they realized they had a big enough job that they really needed a whole new bill," an insider said.
Opposition MPs and civil libertarians had raised concerns the proposed law would bring back government by executive decree, reminiscent of the old War Measures Act invoked by former prime minister Pierre Trudeau to deal with the 1970 October Crisis.
Bill C-42 would give Cabinet ministers the power to issue executive orders to handle security threats in areas ranging from health and environment to air travel.
The powers would not be subject to the same parliamentary overview provided under the Emergencies Act, which replaced the War Measures Act in the mid-1980s to bring the emergency powers into conformity with the Charter of Rights and Freedoms.
Under Bill C-42, ministers would have to seek Cabinet approval within 90 days of issuing an order. The orders would then have to be published within 23 days.
Bill C-42 was a companion piece to the first piece of anti-terrorism legislation, a package giving police and politicians expansive new powers that was rushed through Parliament in December.
Under Bill C-36, police are able to make a "preventive arrest" if there are reasonable grounds to believe someone was about to commit a terrorist act. A warrant is not required if "exigent circumstances exist." The suspect can be held for up to 72 hours without charge, but must appear before a judge within 24 hours.
Police no longer have to show that wiretapping is a "last resort" before being allowed to use it in monitoring suspected terrorists. Wiretaps may also used for up to a year, instead of 60 days, after an initial request.
Insiders say the new legislation to replace C-42 will keep amendments to dozens of other laws ranging from the Explosives Act to the National Defence Act. It will also speed changes to immigration rules prohibiting suspected terrorists from making refugee claims.
bfife@nationalpost.com
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