Final vote imminent on bill to replace law struck down by Supreme Court

DANIEL LEBLANC, Globe and Mail, February 5, 2008

OTTAWA — The Conservatives and the Liberals joined forces last night

in favour of new legislation on security certificates for terrorism

suspects just before a Supreme Court deadline invalidates the old system

later this month.

In the House of Commons last night, the two biggest parties adopted,

with a vote of 191 to 54, a committee report on Bill C-3, and the final

vote on the legislation is expected to go through in the same way

tonight or tomorrow.

The Bloc Québécois and the New Democratic Party oppose the rules that

allow suspected terrorists to be deported without having full access to

the evidence against them.

However, the Liberals are ensuring the legislation's passage by

insisting that it contains necessary safeguards, including blocking the

use of evidence obtained under torture in another country.

"It's not our first choice," Liberal Leader Stéphane Dion said. "But we

think with amendments ... it's improving the bill that the government

wants to pass."

The security certificate procedure allows the government to detain and

deport suspected terrorists and refugees and landed immigrants accused

of human-rights violations or serious criminality. However, many

deportations have been delayed because of claims that the lives of the

individuals would be endangered in their country of origin.

In a 9-0 ruling almost a year ago, the Supreme Court struck down the

30-year-old law for denying terrorism suspects access to the case

against them, saying it violates the Charter of Rights and Freedoms.

The court gave the government a year to come up with a new system, with

the deadline falling on Feb. 23.

The Harper government responded by proposing the nomination of special

advocates who would have access to the evidence against the accused and

could challenge government evidence in closed-door hearings.

Under strict conditions, a Federal Court judge could allow some of the

secret evidence to be shared with the accused.

Adil Charkaoui and Mohamed Harkat, who are living under strict bail

conditions after security-certificate detentions, have told MPs that

they will challenge the proposed law in court unless it is significantly

rewritten.

Public Safety Minister Stockwell Day said when he introduced new rules

that the system is essential to national security and respects the

Supreme Court ruling.

"We believe that security certificates remain to be an important tool

to protect Canada from terrorist threats, but also that the process

should protect rights and freedoms in Canada," he said.

Bloc Québécois Leader Gilles Duceppe, however, said yesterday he does

not agree with the new rules because they don't call for evidence

against the accused to be proven beyond a reasonable doubt. Mr. Duceppe

added that he wants a better appeal system.

"I think it could open the door to another appeal in the court," he

said.

NDP Leader Jack Layton said the government legislation doesn't respect

human rights.

"It sends a message to those who attack our values that we are ready to

compromise on those values, which is unacceptable," he said.

Amnesty International said the new process remains unfair, in

particular by keeping the accused "one step removed" from the evidence

against them.