In Harmonium

Posted By Marc on April 22, 2010

According to a recent press release, the Canadian Minister for Public Safety will be re-introducing the Justice for Victims of Terrorism Act that died when the government was prorogued last December.  According to the minister,

“This government is responding to calls from victims who seek justice, and demonstrating leadership in the global fight against terrorism,” said Minister Toews. “Perpetrators and supporters of terrorism must be held accountable for their actions.”

What, exactly, a) does this bill let Canadians do as part of their search for justice and b) how will “Perpetrators and supporters of terrorism must be held accountable for their actions.”?  Basically, according to the backgrounder put out by Public Safety,

The proposed legislation allows victims of terrorism to sue the supporters of terrorism, including listed foreign states, as long as the victims can demonstrate that the defendant provided support to an entity listed pursuant to the Criminal Code that committed the terrorist act. There must be a sufficient connection between the claim and Canada.

Wow, I am underwhelmed.  So, if a Canadian is a victim of terrorism from, say, Al Qu’aida, we may – at our own expense – sue them in a Canadian court.  I am certain that AQ’s accountants are quivering in their mountain caves right now!

Leaving aside the somewhat snide and snarky commentary, I do have certain questions about the bill that bother me.  Let us suppose, by way of an hypothetical, that a certain charitable organization, recognized as such by the Canadian government, ends up being reclassified as a supporter of terrorism (that, BTW, is not at all outlandish; it has happened).  Does this mean that I, as an hypothetical victim of terrorism, may now sue that charitable organization, it’s board of directors, members and contributors?

Does the bill specifically exclude acts which, while “terrorist”, were committed by lawful combatants under the Geneva Conventions (including the additional protocols) which we (Canada) have signed?  I can foresee problems whichever way this question is answered.

Let us suppose, for the nonce, that such a bill passes and an immediate court case is launched against supporters of AQ by Canadian relatives of the victims of the 9/11 attacks.  A clear cut case, right?  Hmmm, maybe.  Who would be identified as “supporters”?  Well, in the case of AQ in Canada, one would immediately think of the Khadr family.  Great, so let’s sue them for everything they have.  Let’s suppose that we will our case, what then?  Well, we (Canada) can’t let them starve on the streets (not done, don’t you know), so after loosing all of the capital, they then go on welfare being supported by our tax dollars.

Sound silly?  Maybe, but the bill is proposed to allow back dating to January 1st, 1985, which means that the victims of the Air India bombing will be able to sue.  Given the rather high profile of a number of supporters of an independent Sikh homeland in British Columbia, and the overt support for people and groups currently recognized as “terrorist”, I can just foresee what will happen and, you know, it isn’t pretty.

If we think about this bill seriously, it is not about “justice”, it is about social theatre; the use of ritual to make people believe that they are getting “justice” while, in reality, all they are doing is making Canadian society more fragmented.  From what I can see of the act, everyone who took part in the recent demonstrations against the military annihilation of the Tamil Tigers or who has ever spoken in favour of them, including several MPs (see here), is subject as being named a co-defendant; a “supporter” of terrorism.  Oh Joy! Oh bliss! Oh (social) rupture!

Unless guidelines are made exceedingly clear, this bill has the potential to rip apart the multi-cultural fabric of our society.  It could easily be used to destroy free speech and free inquiry (already under massive assault), and has the potential to generate a series of witch hunts of increasing virulence.

Category: Politics, Social Theatre
Tags: Justice for Victims of Terrorism Act