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FOR IMMEDIATE RELEASE
December 6, 2001

OTTAWA – The Canadian Bar Association says the sunset clause proposed by the government is is still too narrow to protect the rights of Canadians from the extraordinary powers contained in Bill C-36, the Anti-terrorist Act.

"Bill C-36 is far-reaching legislation created in extraordinary times. While the government has agreed to include a sunset clause, the CBA believes the provision should go further to protect innocent Canadians," says CBA President Eric Rice, Q.C. of Vancouver.

Mr. Rice added, "The government's decision to limit debate on Bill C-36 clearly underscores the need for a true sunset clause."

The CBA continues to press the government to extend the reach of the sunset clause. "We believe the sunset clause must apply to more than just the preventive arrest and investigative hearing provisions proposed in the government's amendments to the bill," added Mr. Rice.

The CBA recommends the sunset clause apply to, among others, the following areas:

• the provisions that allow for the creation of lists of entities and persons who would have their property frozen and subject to forfeiture;


• the provisions that allow for Ministerial – and not judicial – authorization to wiretap;


• the additional Ministerial power to block operation of the Access to Information Act and the Privacy Act;


• any provisions that allow people's rights and liberty and acceptability as commercial partners to be determined on evidence they are not permitted to see.

The CBA's appearance before the Senate Committee on Dec. 6 follows an earlier appearance on Oct. 24. The CBA presented its 61-page submission to the Commons Committee on Oct. 31. The CBA has consistently emphasized its position that Bill C-36 needs a true expiry date and a tighter definition of "terrorist activity." Previous news releases, the CBA's submission, and the Nov. 27 letter to Justice Minister Anne McLellan are available on the website, cba.org.

CBA President Eric Rice is joined by National Vice-President Simon Potter of Montreal. The presentation takes place on Thursday, Dec. 6, at 2:00 p.m. in Room 160S, Centre Block.

The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, notaries, law teachers, and law students from across Canada are members.

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CONTACT: Hannah Bernstein, Canadian Bar Association, 500 - 865 Carling Ave. , Ottawa, ON, K1S 5S8 Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org