SirBlazinBowl
New Member
As a law professor and MP, Irwin Cotler was well known as a human rights champion, but civil libertarians say the justice minister's halo has been slipping since he joined the federal cabinet 20 months ago. Human rights advocates say the once-outspoken lawyer who fought for the release of Nelson Mandela and other prisoners of conscience has become a major player and apologist for a raft of government initiatives that impinge on Canadians' privacy, free speech and other liberties.
Among the measures that have drawn the ire of prominent groups like the Canadian Bar Association and Canadian Civil Liberties Association are:
- - A child pornography bill that critics say chills artistic expression;
- - A planned bill that will hand police unprecedented electronic surveillance powers;
- - A massive expansion of the DNA data bank that will force thousands of non-violent criminals to donate bodily fluids to the RCMP's forensic agency;
- - And a "reverse onus" bill that will forfeit to the state all the assets of organized criminals unless those convicted can prove that their property was lawfully acquired.
"The type of policies he is supporting now are not classic Irwin Cotler before he was minister of justice, ( but ) he is of course a member of a cabinet where you have to fight battles and compromise," observed Warren Allmand, a former Liberal solicitor-general who is spokesman for the International Civil Liberties Monitoring Group. "Whether he is fighting hard enough ( for civil liberties ) within cabinet or not we don't know, but the battle will continue to try to remind Irwin of the good things he did in the past and to be consistent with his long history."
For his part, Mr. Cotler insists protecting Canadians' civil liberties remains for him "a foremost consideration and concern." "I try to take the principled approach," he told the Citizen this week. "If I am critiqued for it, so be it. I didn't just park my principles at the door when I became minister of justice and attorney general. I actually feel them even more sensitively and seriously now."
But two human rights groups -- who were in Ottawa this week demanding an investigation into whether the Canadian Security Intelligence Service has been complicit in the alleged torture of Canadian Arabs outside Canada -- suggested Mr. Cotler isn't following his principles.
"We are still hearing some wonderful broad statements of principle from Mr. Cotler that the global right to be protected from torture is absolute and that Canada is completely committed to it," said Alex Neve, secretary general of Amnesty International.
"What we are missing is evidence that he is able and willing to take that commitment to those critical principles, and really operationalize them in how law and policy is being formulated."
Riad Saloojee, executive director of the Canadian Council on American Islamic Relations argues "there is a stark disconnect" between what Mr. Cotler says and does.
"With regard to abuses occurring in his own backyard, namely the security certificates and the egregious human rights violations around that process, he has been completely silent so we have not found him to be an aggressive human rights advocate as we were expecting when he assumed the post of justice minister."
Jason Gratl, president of the British Columbia Civil Liberties Association, said "like many others, we were very optimistic when Mr. Cotler was appointed minister of justice ( but ) our optimism proved a little naive, and he has proved to be a little less of a civil libertarian in practice than he was in theory."
Mr. Gratl charges Mr. Cotler is taking "a backseat" to Public Safety Minister Anne McLellan in the current parliamentary review of the anti-terrorist law, a signal that the more draconian aspects of the law are unlikely to be softened.
"He has distanced himself from Mr. Cauchon's decriminalization of marijuana bill, and he abandoned ( pro-marijuana activist Marc ) Emery to the clutches of the United States drug enforcement agency," Mr. Gratl argued.
Martin Cauchon was the previous justice minister in Paul Martin's cabinet.
But Gemma Hickey, president of Egale, which lobbies for gay equality, said Mr. Cotler deserves credit for helping to shepherd into law the divisive bill that gave gays and lesbians equal rights to marry in civil ceremonies.
"We certainly applaud him for coming in at a time that was very difficult. He had big shoes to fill and he certainly did that."
Open government advocates also slammed Mr. Cotler for failing to deliver, as yet, on his pledge to reform the antiquated access to information law. Information Commissioner John Reid has repeatedly expressed fear that the government's hidden agenda is to weaken, rather than strengthen, openness and public accountability. Mr. Reid's concerns were reinforced last April when Mr. Cotler tabled a widely-panned discussion paper that revealed the government is basically content with the status quo.
Toronto criminal lawyer Paul Burstein faults Mr. Cotler for not pushing ahead with the bill to decriminalize marijuana which is languishing at the Commons justice committee.
Still, Mr. Burstein, who opposed the expansion of the DNA data bank on behalf of the Criminal Lawyers Association, said Mr. Cotler did resist the urging of police who wanted the right to seize DNA samples from everyone who is convicted, or even charged, with an offence.
According to Mr. Cotler's parliamentary secretary, MP Paul Macklin, the justice minister does fight and win behind-the-scenes battles to preserve civil liberties in the face of police and security agencies' demands for more power.
"There are many issues that are still under discussion where there are tough fights ongoing," Mr. Macklin said. "I don't think when you talk about human rights, that you will ever find a point where everyone agrees on what is an appropriate balance."
Mr. Cotler also works in the real politics of a minority Parliament with a tough-on-crime ethos, Mr. Macklin added.
"It's all very well and good to be critical of measures taken in the calm process of developing public policy, but when you are faced with certain pragmatic realities ( such as recent gun violence in Toronto ) I think they do call for measures that will have some limitations on individual rights."
Newshawk: SirBlazinBowl - 420times.com
Source: Ottawa Citizen (CN ON)
Copyright: 2005 The Ottawa Citizen
Contact: letters@thecitizen.canwest.com
Website:Canada.Com
Author: Cristin Schmitz
Among the measures that have drawn the ire of prominent groups like the Canadian Bar Association and Canadian Civil Liberties Association are:
- - A child pornography bill that critics say chills artistic expression;
- - A planned bill that will hand police unprecedented electronic surveillance powers;
- - A massive expansion of the DNA data bank that will force thousands of non-violent criminals to donate bodily fluids to the RCMP's forensic agency;
- - And a "reverse onus" bill that will forfeit to the state all the assets of organized criminals unless those convicted can prove that their property was lawfully acquired.
"The type of policies he is supporting now are not classic Irwin Cotler before he was minister of justice, ( but ) he is of course a member of a cabinet where you have to fight battles and compromise," observed Warren Allmand, a former Liberal solicitor-general who is spokesman for the International Civil Liberties Monitoring Group. "Whether he is fighting hard enough ( for civil liberties ) within cabinet or not we don't know, but the battle will continue to try to remind Irwin of the good things he did in the past and to be consistent with his long history."
For his part, Mr. Cotler insists protecting Canadians' civil liberties remains for him "a foremost consideration and concern." "I try to take the principled approach," he told the Citizen this week. "If I am critiqued for it, so be it. I didn't just park my principles at the door when I became minister of justice and attorney general. I actually feel them even more sensitively and seriously now."
But two human rights groups -- who were in Ottawa this week demanding an investigation into whether the Canadian Security Intelligence Service has been complicit in the alleged torture of Canadian Arabs outside Canada -- suggested Mr. Cotler isn't following his principles.
"We are still hearing some wonderful broad statements of principle from Mr. Cotler that the global right to be protected from torture is absolute and that Canada is completely committed to it," said Alex Neve, secretary general of Amnesty International.
"What we are missing is evidence that he is able and willing to take that commitment to those critical principles, and really operationalize them in how law and policy is being formulated."
Riad Saloojee, executive director of the Canadian Council on American Islamic Relations argues "there is a stark disconnect" between what Mr. Cotler says and does.
"With regard to abuses occurring in his own backyard, namely the security certificates and the egregious human rights violations around that process, he has been completely silent so we have not found him to be an aggressive human rights advocate as we were expecting when he assumed the post of justice minister."
Jason Gratl, president of the British Columbia Civil Liberties Association, said "like many others, we were very optimistic when Mr. Cotler was appointed minister of justice ( but ) our optimism proved a little naive, and he has proved to be a little less of a civil libertarian in practice than he was in theory."
Mr. Gratl charges Mr. Cotler is taking "a backseat" to Public Safety Minister Anne McLellan in the current parliamentary review of the anti-terrorist law, a signal that the more draconian aspects of the law are unlikely to be softened.
"He has distanced himself from Mr. Cauchon's decriminalization of marijuana bill, and he abandoned ( pro-marijuana activist Marc ) Emery to the clutches of the United States drug enforcement agency," Mr. Gratl argued.
Martin Cauchon was the previous justice minister in Paul Martin's cabinet.
But Gemma Hickey, president of Egale, which lobbies for gay equality, said Mr. Cotler deserves credit for helping to shepherd into law the divisive bill that gave gays and lesbians equal rights to marry in civil ceremonies.
"We certainly applaud him for coming in at a time that was very difficult. He had big shoes to fill and he certainly did that."
Open government advocates also slammed Mr. Cotler for failing to deliver, as yet, on his pledge to reform the antiquated access to information law. Information Commissioner John Reid has repeatedly expressed fear that the government's hidden agenda is to weaken, rather than strengthen, openness and public accountability. Mr. Reid's concerns were reinforced last April when Mr. Cotler tabled a widely-panned discussion paper that revealed the government is basically content with the status quo.
Toronto criminal lawyer Paul Burstein faults Mr. Cotler for not pushing ahead with the bill to decriminalize marijuana which is languishing at the Commons justice committee.
Still, Mr. Burstein, who opposed the expansion of the DNA data bank on behalf of the Criminal Lawyers Association, said Mr. Cotler did resist the urging of police who wanted the right to seize DNA samples from everyone who is convicted, or even charged, with an offence.
According to Mr. Cotler's parliamentary secretary, MP Paul Macklin, the justice minister does fight and win behind-the-scenes battles to preserve civil liberties in the face of police and security agencies' demands for more power.
"There are many issues that are still under discussion where there are tough fights ongoing," Mr. Macklin said. "I don't think when you talk about human rights, that you will ever find a point where everyone agrees on what is an appropriate balance."
Mr. Cotler also works in the real politics of a minority Parliament with a tough-on-crime ethos, Mr. Macklin added.
"It's all very well and good to be critical of measures taken in the calm process of developing public policy, but when you are faced with certain pragmatic realities ( such as recent gun violence in Toronto ) I think they do call for measures that will have some limitations on individual rights."
Newshawk: SirBlazinBowl - 420times.com
Source: Ottawa Citizen (CN ON)
Copyright: 2005 The Ottawa Citizen
Contact: letters@thecitizen.canwest.com
Website:Canada.Com
Author: Cristin Schmitz
