The Charter Challenge
Project Scenario
Scenario
The following news item appeared in the Canada-Wide News Service, 3:00 PM Central Time yesterday.
Early this afternoon a tense 12-hour standoff between the authorities and youth activists calling themselves the political action "arm" of the youth activist group YOPEC (Youth Organized for Political and Economic Change) came to end, but not without violence and some unresolved questions.
The youth group who ranged in age from 15 to 17 years old "occupied" the office of the mayor at a time when government leaders from local, provincial/state and federal levels of government had gathered for the first North and South American Tri Level Conference in an attempt to force negotiations with government leaders. A list of demands apparently connected to the actions of this group had been posted on the Internet at the website of YOPEC. One of the group's demands included the threat to detonate bombs at unspecified sites in the city.
The surprise"occupation" of the mayor's office caught everyone off guard. Security was not prepared for the action and as a result two guards on duty were seriously injured by violence of the group. There was extensive property damage to the office. Some office records were destroyed by the teens in the course of the 12 hour standoff. Some members of the group were armed. Leaflets had been distributed advocating the goals of the national organization. False passport and false identification was confiscated from some group members.
Local police had been concerned by messages on the Internet and the rumour that the incident was to be the "trigger" for a series of similar events in large cities across Canada.
As 7 members of the group were led away in handcuffs they claimed that the damage to the office and the injuries to the security officers had occurred during the police charge. At this point nothing can be confirmed. Two of the 7 arrested are claiming that they were not involved in the organization and went along with their friends.
The federal government has expressed concern over the "lawless nature" of the actions of the group and the support which may exist in other areas across Canada.
Proposed Legislation
In response to this incident, the federal government has introduced a new anti terroist bill with the express purpose of controlling the actions of individuals or groups whose actions endanger individual lives; threaten the health and safety of Canadian society and seriously interfere or disrupt the operation of government and essential private, public or international organizations. The new bill includes these provisions:
There shall be a prohibition against membership in any group which advocates violence;
Police may arrest, without a warrant, any person suspected of being a member of a prohibited group and may detain this individual for up to 72 hours prior to laying a charge;
Youth involved in membership in the prohibited group and charged for related actions shall be tried for offences as Adults under the Criminal Code;
Those persons convicted with respect to actions relating to membership in a prohibited group shall receive the maximum range of sentence permitted in law(Criminal Code);
Following conviction and sentence for offences above referenced, upon release, a judge may impose strict controls on the individual's movements. To do so, a judge may order the confiscation of passports, travel documents and professional licences. If an individual fails to deliver up same, the judge may impose a jail term of not less than 3 years;
Anyone deemed to have information relevant to the prohibited group or its actions may be summoned for a hearing before an investigative tribunal. Failure to appear could result in a jail term of not less than 1 year. Anyone convicted for funding, harbouring or counseling any person involved in a prohibited group shall receive a jail term of not less than 5 years.
Any refugee claimants (youth or adult) who arrive in Canada without proper documents shall remain in detention until they prove their identity.
Question
Your team is comprised of 4 to 6 students who will assume the role of lawyers in a law firm. The senior partner has asked for a memorandum in favour and against the following question:
In a free and democratic society can such proposed antiterrorism legislation be justified in order to protect the welfare of its citizens?
