2006-10-22

Parts of Canada Secrecy Law Struck Down

  • Finally! Steps in the right direction! --tj
TORONTO (AP) -- A court struck down sections of a Canadian anti-terrorism law Thursday, in a ruling that threw out warrants used to search the home of a reporter covering U.S. efforts to secretly send a Canadian terror suspect to Syria for interrogation. -- The Ontario Superior Court judgment quashed three sections of the so-called leakage provisions of the federal Security of Information Act, which passed following the Sept. 11, 2001 terrorist attacks.

The provisions were directly drawn from the decades-old Official Secrets Act and dealt specifically with the unauthorized communication of intelligence by officials who are bound to secrecy. In her ruling, Justice Lynn Ratushny said the provisions were vague and violated the constitutional rights to justice and freedom of the press.
"They arbitrarily and unfairly and with a blunt club of criminal sanction restrict freedom of expression, including freedom of the press," the ruling said.
David Paciocco, a lawyer for Ottawa Citizen reporter Juliet O'Neill, told The Canadian Press that "Thursday's ruling underscores the media's role in protecting democracy. It's a tremendous affirmation of the importance of freedom of the press and freedom of expression," Paciocco said after reading the judgment.

Squads of Royal Canadian Mounted Police combed through O'Neill's home and office in January 2004 in an attempt to find the source of information about the Maher Arar affair. /more/