Anti-terrorism bill bars CSIS from committing ‘bodily harm,’ sexual violation

Sad that it has come to this that in granting additional powers, and specifying what is barred, while the intent is good, only underlines the risks of granting these powers and possible abuse, exacerbated by the lack of effective oversight:

Bill C-51 would allow CSIS to take measures within or outside Canada to reduce threats to the security of Canada, but doesn’t spell out exactly what those measures could be. The bill lists prohibited activities, barring CSIS from:

• Intentionally or by criminal negligence cause death or bodily harm.
• In any way trying to obstruct, pervert or defeat the course of justice.
• Violating the sexual integrity of an individual.

The bill ties “bodily harm” to its definition in the Criminal Code, which means any injury to a person that “interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”

Observers say it’s too early to know exactly what that section means. And, given the agency’s new ability to “disrupt” and to trigger preventative detention, they say further explanation is needed.

“We don’t know what the power to disrupt means. At first reading it seems that [CSIS] can do just about anything except bodily damage or assassination or sexual abuse,” said Roch Tassé, a spokesman for the International Civil Liberties Monitoring Group​.

But there are other provisions that would let CSIS request a warrant to enter any place or open anything; search, copy, remove or return any record; install or remove anything; or “do any other thing that is reasonably necessary to take those measures.”

“Basically they’ll be allowed to break the law. They’ll go to a judge to get permission to break the law,” Tassé said.

Sukanya Pillay, executive director of the Canadian Civil Liberties Association, said the section of the bill on CSIS is confusing because “we know that you can’t get a warrant to contravene the charter.”

The prohibitions on causing bodily harm and sexual violation are also troubling. she said, because it’s not clear what they mean.

Have we learned nothing from US abuse and terror?

Anti-terrorism bill bars CSIS from committing ‘bodily harm,’ sexual violation – Politics – CBC News.