The Quest for an Optimal Balance Civil Liberties in an Era of Securitization:
[Thesis]
Giroux, Kathryn
An Analysis of Canadian Anti-Terror Legislation
Kong, Hoi Leun
McGill University (Canada)
2018
140
LL.M.
McGill University (Canada)
2018
Canada is a nation governed by principles such as the rule of law and is built on democratic values such as those expressed in its Charter rights. In the last two decades, the need for enhanced national security to combat terrorism has been manifested where, the War on terror has become the object of much public attention. There exists an obvious clash between the values of security and rights, where to ensure the safety of Canadians, legislation has impinged on civil liberties and freedoms. When enacting anti-terror laws, branches of government should be engaged in striking an optimal balance between freedom and security. Striking an optimal balance helps quash dissent towards limitative counterterrorist measures and legitimizes anti-terror legislation. To strike an optimal balance, it is suggested that legislation meets both a constitutional standard, but also an efficiency standard, measured by an innovative five-criterion examination mechanism. This thesis will demonstrate that Canada does not strike an optimal balance in its main anti-terror legislation (Bill C-51), and should thus heed to the recommendations that are advanced.