Roach and Forcese: The government’s new speech crime could undermine its anti-terror strategy

A different and valid take:

Here’s why: the data suggests that our most promising means of combating radicalization is with on-the-ground programs that anticipate threats and steer people away from violence. Thus the RCMP has launched its new counter-violent extremism (CVE) program, an all-of-civil-society initiative designed to navigate people away from trouble in the “pre-criminal space” — that is, before they violate the law.

This is an uncertain and challenging undertaking. However, it may be the most rational response to a social problem that no prosecutor or penitentiary will ever solve, and may actually make worse. And the government’s new speech crime could undermine it. Let us illustrate why, with a very plausible hypothetical situation.

The new CVE program reaches out to a mosque, wishing to involve it and its membership. It wants people to assess honestly the merits of, and confront squarely, the Al-Qaeda-inspired world view that says Islam is under attack by “Western crusaders,” and that it is the duty of good Muslims to act in defence, even with violence. This airing of views will require, at minimum, a venue in which people can speak freely, and the mosque is asked to provide it.

The imam is aware of the new speech offence, and is worried that some of his members, though they show no propensity for violence, nevertheless hold radical views. He fears what will happen if the RCMP hear statements such as, “the use of violence in defence of Islam is just and religiously sanctified and should be supported.” Some community members are also keen to send money to groups overseas whose conduct may include acts of violence.

And so, wisely, the imam decides to consult with a local lawyer, who concludes that statements like the one above might well be seen as knowing and active encouragement of the concept of “terrorism offences in general.” And he concludes that in making these statements at the CVE meeting, the speaker may be aware that some of his fellows may commit some terrorist offence, including perhaps sending money to group listed as, or associated with, a terrorist group.

Reasonably, the lawyer concludes there is a risk that the meeting could violate the new speech crime. The RCMP’s “pre-criminal” CVE space then turns into a “criminal space.” The imam has no choice but to cancel the meeting.

Roach & Forcese: The government’s new speech crime could undermine its anti-terror strategy