From: "Fraser, Joan: SEN" FRASEJ@SEN.PARL.GC.CA
To: excele1@direct.ca
Sent: Thursday, December 20, 2001 9:20 AM
Subject: RE: Bill C36

Thank you for your letter concerning Bill C-36. I have voted in favour of the legislation.

I too had concerns when the legislation was first tabled. However after having studied the legislation twice, once in pre-study and once in its regular legislative course, I have become convinced that the legislation is sound. The Minister of Justice took the Senate's pre-study report seriously and made many of the suggested changes, including the inclusion of a sunset clause on two of the bill's most controversial provisions. The Senate's thorough study of this legislation has allowed everyone to make their concerns known. I am proud to have participated in the study of this bill.

We are now living in a world where the security of the citizens of all countries has been brought to the forefront. Every country must participate in the global effort to eradicate terrorism. I believe that the Government of Canada has crafted legislation that is truly Canadian in its balance between giving authorities the powers they need to keep us safe and respecting the civil liberties of Canadians.

I would like to note that the Canadian anti-terrorism legislation does not create special military tribunals to try those who are found in contravention of the bill's provisions like the United States did. Those who are charged with terrorist offences in Canada will be brought before our regular criminal courts and will be tried by the same judges that try other Canadians. The process will not be held in secret and the people charged will have access to attorneys. As for investigative hearings, they are modeled after the preliminary inquiries that already exist in our Criminal Code. We are simply applying this concept in a different context.

Finally, unlike the citizens of the United States, we Canadians do not have the right to remain silent. We have the right not to incriminate ourselves and the information gained during inquiries or hearings cannot be used against us. Nothing has changed in this regard.

Finally, we must never forget that the Charter of Rights and Freedoms will still apply as the notwithstanding clause was not used. There are also many safeguards built into the legislation to ensure that only those who are participating in or facilitating terrorism will be affected. Law-abiding citizens have nothing to fear from this legislation. We should all look forward to the Minister of Justice's first report to Parliament in one year.

Thank you again for sharing your concerns.

Senator Joan Fraser