The federal government has released a discussion paper that proposes the following amendments to the Criminal Code :
- Legislatively expressing the purposes of the transport offence legislation
- Linking minimum fines for first impaired driving offenders to BAC
- Random breath testing
- Eliminating the “bolus drinking” defence and restricting the intervening drink defence
- Placing limits on disclosure
- Eliminating or limiting the right to counsel prior to an Approved Instrument test.
The CCLA will be participating in this consultation and submit a brief to the government. It will seek to ensure that Charter rights to counsel are not unduly undermined and that no additional coercive powers are granted to law enforcement unless the necessity for such additional powers has been demonstrated and proper accountability imeasures have been implemented. In particular, the CCLA is concerned about the possibility of abuses that exist with the additional powers to randomly stop any driver, even without any suspicion of wrongdoing, to submit to a breath test.
On Monday March 8th the Canadian Civil Liberties Association sent a letter to all Toronto District School Board (TDSB) trustees and senior officials inviting the TDSB to reconsider its ban on all potential “Israeli Apartheid Week” (IAW) activities. The CCLA urged TDSB to repeal this blanket ban in light of its impact on students’ and teachers’ freedom of expression and freedom of association rights. Schools and the school board should not limit the activities and causes that students can support, champion or engage with. Any restrictions on expression must be fully justified and carefully tailored. A blanket ban such as that imposed by the TDSB Director of Education cannot meet this standard. Such a response also hampers teachers, who may choose to use controversial subjects their students are already engaged with as ‘teachable’ moments to foster critical thinking, debate and awareness. Barring exceptional circumstances, the appropriate response to controversial student initiatives is not banning and silencing a given discourse, but questioning, discussing and teaching.
To read CCLA’s letter to the TDSB click here.
The federal government announced in last week’s budget that $8 million will be allocated to enhance independent review of the RCMP. This is welcome news to the CCLA, which has been advocating for increased independent review and audit powers for RCMP activities for many years. In the CCLA’s view, an effective independent review mechanism must have the following attributes:
- The authority to conduct self-generated reviews;
- Extensive investigative powers, including access to all relevant records, facilities and personnel;
- An obligation to submit regular public reports to Parliament; and
- The power to review the actions of other government agencies that may be involved in national security activities.
The CCLA will be closely monitoring this issue over the coming months to ensure that the specific details of the government’s plan are consistent with a commitment to strong independent review of Canada’s national police force. The CCLA will also continue to push for enhanced independent review of police activity at the provincial and municipal levels.
The Canadian Civil Liberties Association has sent a letter to York University expressing concern about the freedom of speech implications of York’s policy that student groups hosting speakers or events that require additional security must bear the costs of hiring the Toronto Police Services. A recent event planned by the York University student group Christians United for Israel was reportedly cancelled after the student group was unable or unwilling to pay the extra security costs. Too often, the effect of such a policy will be to prevent the attendance of controversial speakers who express a minority opinion. In the case of the CUFI event, which organizers have said was intended to be a counterpoint to the opinions expressed during Israeli Apartheid Week, the implications are particularly troubling. Israeli Apartheid Week is highly controversial both on campus and in the wider community, making it all the more important that dissenting voices be afforded the opportunity to speak. CCLA has more than once defended the rights of anti-apartheid groups to hold events and not be censored in their expression; it is unfortunate that in this instance the other side of the debate will not be heard.
To read CCLA’s letter to York University click here.
On March 4, 2010 Finance Minister Jim Flaherty presented the 2010 Budget in the House of Commons. In keeping with normal procedures, the budget will now be followed up with a series of motions and Bills to implement the proposed measures.
Contained in the Budget, and the Speech from the Throne delivered on March 3, 2010, are a number of issues that the CCLA will continue to monitor. Read more…
