<<<-- Law Society of Upper Canada calls for changes to anti-terrorism bill --
"The right to counsel is unquestionably one of the principles of
fundamental justice. It is enshrined in the Canadian Charter of Rights
and Freedoms. This basic democratic right enjoyed by all Canadians
includes not only the right to retain and instruct counsel, but also the
right to independent counsel, and to speak with that counsel secure in
the knowledge that what is said will be held in confidence."
- Federation of Law Societies of Canada submission to Senate on Bill C-36
TORONTO, Dec. 3 /CNW/ - The Law Society of Upper Canada, in a united
voice with Law Societies across the country, is calling for changes to Bill
C-36, the federal government's anti-terrorism legislation in a submission to
the Senate committee reviewing the bill.
The submission, by the Federation of Law Societies of Canada, raises
serious concerns about the bill. The submission focuses on the right of
individuals to representation by independent legal counsel and client
confidentiality and privilege when dealing with their lawyer.
A number of provisions of the bill will make it difficult for individuals
and organizations to retain a lawyer, even before they're charged with an
offence. Under the bill, lawyers risk prosecution and imprisonment for merely
representing anyone who may be subject to the law.
The bill also erodes solicitor-client confidentiality. For example, parts
of the legislation could force lawyers to give testimony against clients at
special investigative hearings, where individuals may lose their right to
remain silent. In addition, it lacks safeguards protecting solicitor-client
communications in searches of lawyers' offices and allows the Minister of
Defence to authorize the interception of communications between any non-
Canadian and Canadian without judicial authorization.
The Law Society of Upper Canada's governing body, Convocation, also
expressed grave concerns about sections 83.28 and 83.3 of the legislation,
sections that authorize the creation of special investigative hearings and
preventive arrest powers for police. The Law Society of Upper Canada is
seeking to make its own submission to the Senate committee on these two
provisions.
"We fully support our Federation's submission and urge the Senate
committee to adopt the recommendations," said Vern Krishna, Treasurer of the
Law Society. "Society must be protected from the threat of terrorists and
terrorism but this threat must not force us to abandon those very things that
make us a free society."
The Federation's submission, with recommendations, can be found through
the Law Society of Upper Canada's web site at www.lsuc.on.ca.>>>> |
