How Does Bill C-51 Violate Human Rights

Racial profiling impacts the lives of African Americans, Asians, Latinos, South Asians, and the Arab communities (Persistence of racial and ethnic profiling in the United States: a follow-up report to the U.N. Committee on the Elimination of Racial Discrimination 12). Profiling based on race stems from racism, and has lastingly marked and structured the society of the United States (10). In some aspects, it is considered a violation of human rights; therefore, acts then started to develop (12). For example, the United States introduced the Subsequent End of Racial Profiling Acts to Congress in 2004, 2005, 2007, and 2009, but they

Canada is a huge country located between the Pacific Ocean and the Atlantic Ocean and consists of 10 provinces. This country is the host for immigrants from all over the world with different religions and cultures. It embraces all of these diverse groups of people. It was essential that some arrangements be made to accommodate for these divers groups’ needs and ultimately in the year 1960 legislation of Canadian Charter of Rights and Freedoms was a huge step toward these affairs. The Charter was enacted by the parliament in order to respect each person’s rights and eligibilities in different areas and it is divided into subsections.

The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are consistent with those rights and freedoms. The Charter was established firmly in “The Constitution Act, 1982”, with the declaration of this act Canada escaped from the severe practice of concept of parliamentary supremacy. The Charter has an enormous effect on court’s decision power to award justice to important and debatable issues about policies that affect public. In awarding the verdict courts are not even reluctant to rewrite laws that violate the testament of the Charter. The judges have a duty to regulate the rulings of both provincial and federal governments which, disagree with the root value of Charter.

On 26 September 2002, Maher Arar, a Canadian citizen who born in Syria, was arrested at John F. Kennedy International Airport while he was waiting for his flight . Mr. Arar was held in solitary confinement without any charges by United States authorities for two weeks without having access to a lawyer. The United States government suspected him of being a member of Al-Qaeda and deported him back directly not to Canada, but to his country of birth Syria, where he was tortured . Arar was held in Syria for nearly a year, and during that time he was tortured, until he returns back to Canada. The Syrian government later admitted that Arar was not involved in any terrorist activity and he was “completely innocent ”. The RMCP has admitted that it worked with the CIA during the Maher Arar affair. Ottawa authorities had demanded, keeping a lid on the fact that Canada was working with the CIA on the issue, arguing such affirmation would conflict with national security. There was no such remorse over referring to help with the Federal Bureau of Investigation, however the government chose the CIA, a surreptitious spy organization, merited more prominent assurance in view of its distinctive tenets of engagement .

In this paper I will discuss and explain the patriot act. I will also explain and discuss the provisions of the Act and the rationale behind each major component. Finally I will give my thoughts and views on the Patriot Act and talk about if I think this act is necessary to keep the United States safe and limit terrorist attacks.

The Canadian Charter of Rights and Freedoms is without a doubt one of Canada’s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canada’s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of government. The Canadian Bill of Rights, which preceded the Charter was enacted in 1960. However, being only a federal statute rather than a full constitutional document, it had no power and application to provincial laws. In addition, the Supreme Court of Canada only narrowly interpreted the Bill of Rights, therefore rarely unlawful laws were declared inoperative and continued to exist. As a result, the ineffectiveness of the Bill of Rights led to many movements to improve the protection of rights and freedoms in Canada. However, similar to its predecessor, the Charter is not without faults, and loopholes. In some cases, it has even infringed upon certain liberties and democratic rights and freedoms. In other cases, the Charter has incited conflicts between liberty and democracy and raised questions that speculate whether it is truly democratic.

After the terrorist attacks on the World Trade Center on September 11th, 2001 the United States became a very different place. This drastic change was caused by the initial emotional reactions that American citizens, as well as government leaders had towards the tragic event. The government, in an effort to assure that these events never happen again passed the USA PATRIOT Act, which is an acronym that stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The major goal of this act is to combat terrorism by giving the government more leeway in what areas they are allowed to use their surveillance tools and also to what circumstances these tools can be used. The major issue that arise with this act are the fact that many of the act can be seen as unconstitutional.

The purpose of this act is to encourage and monitor the sharing of information between Government of Canada institutions in order to protect Canada against activities that threaten the security of Canada, but this bill not only fails to fix those flaws, it recreates and causes more underlying problems without adding any meaningful safeguards to ensure the expansive powers it grants will not be similarly abused. The bill allows information sharing across 17 government institutions for a wide range of purposes, most of which have nothing to do with terrorism. After the bill was passed, it has raised serious concerns regarding the potential impact is has on the basic civil liberties of all Canadians. The new legislation significantly expands CSIS’

Since the 9/11 attacks on U.S. soil at the outset of the twenty-first century, western states have enacted vast changes in the way that they deal with terrorist groups and terrorists. Due to the fact that civilian casualties have escalated as a result of terrorist acts, western polities have steered away from a punitive paradigm that criminalizes terrorist acts and aims at penalizing individuals who perpetrate such acts. Instead, there has been a dramatic shift towards a preventative approach in which terrorist acts are prevented prior towards any manifesting and inflicting harm on innocent victims. In Jonathan Shapiro’s “An Ounce of Cure for a Pound of Preventive Detention: Security Certificates,” published in Queen’s Law Journal in 2008, discusses the paradigm shift in Canadian foreign policy as it pertains to terrorism through a cogent discussion of Canada’s Immigration and Refugee Protection Act (IRPA). The IRPA authorizes the government to detained suspected terrorists amidst deportation proceedings. However, the Supreme Court of Canada rendered a decision that the Charter was provisionally violated by certain provisions of the Act, which is the central point of contention Shapiro has in this article. Indeed, he critiques the approach of the Supreme Court in the Charkaoi v. Canada decision, positing that the security certificate process violates several of the liberty and equality

Another troubling consequence of the Patriot Act and the expansion of surveillance powers is the use of profiling. In order to efficiently gather intelligence information for the safety of this country, it would be common sense to develop a target of sorts to better focus the efforts made. Many believe that Muslims in this country have become the unfortunate targets of profiling. The monitoring of those with family and business ties to countries rooted with terrorism is a logical direction for

This paper discusses the establishment of terrorism as a crime that can be committed domestically has changed policing, how and why it has changed policing, along with examples. Next, this paper explores whether or not the number of victims of racial profiling has increased over the last decade. This paper also discusses the laws and services which are available for victims of racial profiling. What other actions might be taken on behalf of victims of racial profiling will also be explored in this paper. Lastly, has the Department of Homeland Security helped fight terrorism, or has it simply duplicated the efforts and jurisdictions of other agencies and how has it helped, will be discussed in this paper.

What's the great urgency to mass the large force of RCMP to go in and take down the camp? I'm rather curious. Are they undertaking a test drive of Bill C-51 or exactly what's going on here?"

On June 9th 2015, Stephen Harper and the Canadian government passed Bill C-51. It’s an anti terrorism act, with only the best intentions at mind for Canada and its national security. However since it’s approval, there has been much controversy surrounding the bill. There are five key changes in Bill C-51 and many Canadians aren’t pleased with them, such as, the right to exchange information between national agencies, unwarranted arrests and also the increase in surveillance that will occur with both of these new conditions (Watters, 1). Bill C-51 also interferes with sections of the Charter and other key legal philosophies such as the Magna Carta and the Rule of Law.

Controversy has presented its self over a newly introduced bill known as Bill C-51. Inside its contents there are drastic changes to be implemented into Canadian Law and Canada’s national security. Many of these changes show little regard for the rights and freedoms of Canadians. The vague language of the Bill is concerning for the public, as it contains the word “may” which is open to interpretation. The Bill would allow CSIS to arrest people it suspects “may” commit terrorist acts, opposed to “will”, allowing the government to decide what they deem as not appropriate.

Security mechanisms used to protect the entirety of the Canadian state at the behest of certain ethnic and religious categories become legitimized through violence acts towards political institutions or figures (Bell 155). These ethnic and religious categories that experience biopolitical racial profiling by the security state are typically Middle Eastern or Islamic in appearance or action. These groups of people are increasingly being viewed as connected to terrorist activities in Middle Eastern countries. Critics arguing the Canada’s security regime breaches the Charter of Rights and Freedoms because of the possible use of surveillance and security provisions against Canadian citizens who are members of these ethnic and religious groups (Shaffer 200). Racial profiling in the surveillance provisions of these security acts against politically unpopular groups should not be underestimated” (Shaffer