politics

Proposed Tory omnibus crime bill raises concerns of civil liberties

Published On:  J-Source, May 26th, 2011
[http://www.j-source.ca/english_new/detail.php?id=6546]

With a new parliamentary majority, Stephen Harper hopes to pass an omnibus crime bill (consisting of at least eleven individual bills) in order to re-write current legislation, and deliver on the government’s tough-on-crime platform.

Unofficially referred to as the “lawful access” bill, it is the most important piece of legislative business for the Tories after the budget. Debate has arisen in regards to its far-reaching implications, from increased police powers to issues of freedom of expression.

Analyzing the package, Toronto Star columnist Michael Geist emphasized its“three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.”

Combined with its proposition to extend police powers (a matter not yet debated extensively in parliament, nor subjected to committee hearings), “lawful access” would require service providers to disclose customer information (i.e. phone number, address, email, etc.) without judicial approval and for each service provider to adjust for “real-time surveillance.” In other words, law enforcement officials will be able to intercept personal online communication.

In an opinion piece for the Toronto Sun, Brian Lilley noted that the omnibus bill is being promoted as a bill that would allow police to track child-pornographers more proficiently. However, Lilley notes that “lawful access” would also make it illegal for anyone to link to any website that “promotes hatred.”

According to a summary of the bill on the Library of Parliament’s website, “Clause 5 of the bill provides that the offences of public incitement of hatred and wilful promotion of hatred may be committed by any means of communication and include making hate material available, by creating a hyperlink that directs web surfers to a website where hate material is posted, for example.”  The issue of hyperlinks in connection to defamation charges isbeing explored in a case currently before the Supreme Court, and some of the same concerns apply.

Thus, in addition to a lack of parliamentary deliberation, proper judicial oversight, “lawful access”—if passed in full—would have substantial effect on the legal perceptions/definitions of “hate speech.” The omnibus form of the bill reduces the possibility of it being fully examined, thus leaving concerns of privacy and free speech unevaluated. Furthermore, the administrative and technological costs are high, but there has been no mentioning of where the funding will come from.

Concerns over whether “lawful access” will amount to internet policing are high in circles worried about the freedom of expression and speech. Interpretation of such broad legislation will undoubtedly vary between groups and persons.

Sections 318 and 319 of the Canadian Criminal Code explicate “hate speech” or “hate propaganda” within an expansive framework. Anything from promotion of “genocide” to incitement of “hatred against any identifiable group” that may lead to a “breach of the peace” are categorized as illegal. The application and interpretation of these laws vis a vis cyberspace will surely become more frequent if the omnibus bill is passed. How will the surveillance apparatus deal with this challenge?

According to the omnibus bill, if one were to link to a website that contained hate propaganda, one could be subject to jail time. This then raises the question of context. What if a journalist is reporting on a case of hate speech and links to a particular “hateful” webpage in order to provide evidence or to cite his or hers assertions?  Will the surveillance apparatus set up to enforce these laws be able to distinguish between something like this, and an actual case of “hate speech” endorsement? The omnibus bill does not seem to distinguish between such matters of context.

If simply linking to a page that may qualify for “hate speech,” questions regarding issues of civil liberties and free expression become even more urgent and acute. Canada’s wide legal definition of “hate speech” compounds the problem.

A citizen’s right to express his or her opinion is liable to come under attack, regardless of whether one agrees or disagrees with the actual statement. For journalists specifically, the dissemination of crucial information could be curbed. In any case, the enshrined right of Canadians to express their opinions freely may be undermined.

Standard
middle east, muslims, obama, politics, war on terror

Jumping the Gun on Operation Samosa

Published on:
Dissident Voice, September 7th, 2010 (http://dissidentvoice.org/2010/09/jumping-the-gun-on-operation-samosa/#more-21573)

On August 26th, 2010, Hiva Mohammad Alizadeh (30), Misbahuddin Ahmed (26), and Khurram Syed Sher (28) were arrested (and detained) in the culminating point of the RCMP’s Operation Samosa investigation. All three are charged with conspiring to facilitate terrorist activities in Canada, as well as aiding terror abroad.

A fourth individual by the name of Awso Peshdary was also arrested (and re-arrested after posting bail) on unrelated domestic abuse charges, has since been released on bail. Peshdary’s connection to the alleged plot is not clear. Trials for the three suspects have not started yet, no formal evidence has been presented, and no convictions have been confirmed. Yet, it seems that the Canadian media has already freaked out.

The Toronto Star published an editorial one day after the arrests that warned Canadians not to be “complacent about perils close at hand.” It then went on to quote the Tarek Fateh-founded Muslim Canadian Congress on how the “perverse ‘doctrine of jihad [which simply means struggle]’” still appeals to some Muslims (technically, the simple act of fasting during Ramadan can be said to be jihad). Once again, before the public has even grasped the gist of the situation, alarm bells are going off about Islamic extremism.

Before the courts have issued their judgments, the discourse has already focused on the seemingly exclusive and hermeneutic relationship between terrorism and Islam. Terror is discussed like the drug that Islam can’t seem to kick, no matter how hard it tries to. Canadians are immediately warned about the “home-grown” version of the dangerous symbiosis of “Islamic terrorism”. Like the Toronto Star editorial, which largely skips over the fact that due process has yet to occur, most corporate media do not seem to want to ask the all-important “why” question.

Once asked about the causes of “Muslims rage” in a PBS interview, American Shaykh Hamza Yusuf replied with the term “humiliation.” He was referring to the protracted experience of Western colonialism and foreign occupation in the Muslim and Arab world. When bomb plots and terror cells are supposedly foiled by law enforcement in Canada, the story is typically given the front page, but always without this crucial context. Factors like “humiliation” and “occupation” are an afterthought, since factoring in these political elements would require an examination of Canadian foreign policy. It’s far easier to isolate the case, sensationalize its parameters, and point to how utterly irrational some Muslims are (and will continue to be, so “beware!”).

The images are similar enough: brown skin, bushy beards, and that glossy if sinister look in the suspects’ eyes. The suspected always look so out of step with “regular Canadians.” But soon after Khurram Sher’s arrest, a YouTube clip of him as a contestant on Canadian Idol aired around the world. It seemed absurd, but the video indirectly revealed a familiar and even humorous side of a “potential terrorist”. It made Sher appear, however faintly, as someone one could actually relate to–a “regular Canadian”.

Michelle Shephard (who has done some fine work on child soldier Omar Khadr) of the Toronto Star referred to this paradox as terrorism’s “theatre of the absurd” in her article “The Danger of Dismissing the Absurd.” But she did not utilize this superficial inconsistency to illustrate that “Islamic terrorists,” however horrific, are nonetheless human beings. Instead, Shepherd warns us against terrorism’s “theatre of the absurd.” In other words, it may seem inconsistent for someone as scary, bearded, and suspected like Sher to appear jokingly on Canadian Idol, but such an inconsistency doesn’t rule out the fact that Sher may be guilty. We shouldn’t simply laugh off this case, Shephard seems to be saying because terrorism is still a serious problem and we don’t know much about its nature.

True enough: terrorism is serious—but it’s not an impossible enigma. Nor is it particular to our era—9/11 is not the beginning of terrorism. Prominent academics and writers who study political Islam such as Vali Nasr, Robert Pape, and Reza Aslan (amoung countless others) have all recognized the factors of humiliation and foreign invasions/occupations as a primary cause for “radicalization.” In order to “defang” these frustrated elements (thus ending “homegrown terror”), it is essential to give them an outlet to channel their anger. It means giving Muslim youth a chance to act upon their frustrations through the mechanisms of civil society. Hamas and Hezbollah, for example, having now been incorporated into their respective national political processes, do not use the same “radical” rhetoric and tactics as often as they used to. The same process can work for those who live in the West.

Instead, articles like Shephard’s reference psychologists and political scientists from academia like Michael King (a PhD candidate from McGill) who claim that “there seems to be a personality characteristic that predisposes people to radicalize—and that is sensation-seeking [my emphases].” So is the problem at least partly genetic or physiological?

“The daily drudgery of working in dead-end, low-paying jobs helped create an intellectually stunted environment, continued King. “Internet jihad videos became more exciting and their causes more urgent.” Thus, personal occupation and social surroundings must also play a part in “radicalization” as well. This may very well be a perfectly legitimate point. However, how many men out there are working dead-end jobs in “intellectually stunted” environments, and why haven’t they all conspired to blow something up? Is it because they are not Muslim? Or is it because they are not subjected to the experiences of humiliation (via military occupation) that so many Middle Eastern Muslims endure and witness?

Maybe it’s time to stop beating around the bush by referring to the demented psychology or “intellectually stunted” environments that are apparently inherent to potential terrorists. Maybe, just maybe, frustration can arise out of a feeling of impotence while witnessing the chaos and death unleashed by a foreign invasion. Maybe a Muslim in the West, when watching their “brothers and sisters” in Afghanistan, Baghdad, or Gaza disintegrate in war and occupation, is allowed to feel some anger. Surely, this anger doesn’t justify violence, but it certainly is sufficient in explaining why some may consider it.

Standard