For Immediate Release
Feb. 11 , 2008
OTTAWA – The CBA says that while it welcomes the most recent changes to Bill C-3 (security certificates and special advocates) passed by the House of Commons, the legislation may still be vulnerable to a constitutional challenge, and should be subject to parliamentary review within a year of implementation.
“A review of the legislation will allow Parliament to hear first-hand how the system is working from the special advocates involved in the process,” says Lorne Waldman of Toronto, a member of the CBA’s National Citizenship and Immigration Law Section.
Bill C-3 (amending the Immigration and Refugee Protection Act) is meant to rectify constitutional deficiencies with the security certificate regime identified by the Supreme Court of Canada last year. It defines the role of the newly created special advocate, rules of evidence and administrative support for the special advocate, among other items.
In particular, the CBA welcomes the most recent changes that define more clearly the relationship of the special advocate with the person held under the security certificate (known as the named person).
“We are satisfied that the communication between the special advocate and the named person would be subject to solicitor-client privilege,” says Lorne Waldman. This protects the named person by guaranteeing that what she or he says to the special advocate is kept in the strictest confidence, and not revealed to the government.
The CBA also agrees with the change that precludes the use of evidence obtained under torture.
The CBA continues to urge the government to further amend the legislation:
- The government must disclose all relevant information to the court and special advocate, not just the evidence it believes helps its case.
- Special advocates must have continued contact with the named person after reviewing the secret evidence, subject to an obligation not to disclose the secret evidence, if their role is to be effective.
Lorne Waldman will represent the Canadian Bar Association at the Senate Anti-terrorism Committee on Monday, Feb. 11 at 1:00 p.m. in Room 160-S, Centre Block. The CBA submission is available online at:
http://www.cba.org/CBA/submissions/pdf/07-59-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
