Canadians debate security measures,focus on life span

No one in Canada argues whether tough new laws are needed to combat terrorism after the Sept. 11 attacks on the US.

Debate focuses instead on the life span of the measures -- specifically, whether there should be a "sunset clause" to prevent laws enacted during a time of utmost security concerns from continuing past the threat.

A proposed bill under review in parliament committees would give police broader investigative and detention powers and allow prison terms for those convicted of working with terror cells.

Justice Minister Anne McLellan said the bill calls for parliamentary review after three years, but members of a nonpartisan Senate committee called Thursday for the measures to expire after five years with annual reviews by the legislature.

"We understand why the bill is necessary," said Senator Joyce Fairbairn of the governing Liberal Party, which drafted the bill. "We believe there are ways it can be improved so it will be just as strong and protect the rights of Canadians."

Rights groups and the Canadian Bar Association also want a sunset clause, arguing that any erosion of civil liberties should be temporary.

"When governments seek to impose such restraints on fundamental rights and freedoms, particularly with the limited time available for study and debate, those restraints must be limited in duration," said a summary of the bar association's submission to the House of Commons justice committee this week.

Police organizations told the committee Thursday that a time limit would hinder the complex, time-consuming investigations necessary to fight terrorism and give defense lawyers reason to stall proceedings.

"Terrorism is an evolving public security and safety concern that may eventually be controlled, deterred or diminished, but will not be extinguished," said Grant Obst, president of the Canadian Police Association. "If we saw a sunset clause on terrorism, perhaps we could support a sunset clause in the legislation."

Prime Minister Jean Chretien agrees, saying Thursday that the new laws might be needed longer than anticipated.

"We don't know when terrorism will disappear," he said. "So if you have a sunset law that destroys the bill in the middle of a crisis, that will cause complications.''

A member of Chretien's Cabinet, however, calls for consideration of a sunset clause.

"I think you know all Canadians are concerned with the curtailment of civil liberties -- we want to make sure that this is in the best long-term interest of Canadians," Fisheries Minister Herb Dhaliwal said this week.

The proposed anti-terrorism bill, considered the centerpiece of government efforts to combat terrorism, would give police power to make a "preventive arrest" without a warrant if they believed someone was about to commit a terrorist act.