Now some possible examples of how cases could be handled in this new legislative environment.
Some, you will see, are similar to recent events here in Canada.
Before I deal with this though I want to stress that as a Libertarian – my greatest goal is to see that there is little or no restriction when it comes to one’s enjoyment of the Fundamental Freedoms found in section 2 of the Charter of Rights and Freedoms:
2. Everyone has the following fundamental freedoms:
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(a) freedom of conscience and religion;
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(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
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(c) freedom of peaceful assembly; and
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(d) freedom of association.
The greatest of these rights is found in 2(b) which encompasses the Freedom of Speech.
In regard to that Freedom – as I pointed out in an earlier Blog, this Freedom does not extend to permitting you to cry fire in a crowded theatre unless of course the joint is in fact on fire. But beyond that, there had better be a very good reason to limit what people want to say.
Sadly, in the case the Jihadists – there is a very good reason for further restrictions … We Are At War With Them.
So keeping this in mind – lets look at the following five examples and see how they could / would be dealt with given the current state of our law and the about to become into effect - Bill C-51
Case One:
Jihadist / Muslim / Islamic Terrorist sneaks up on a unarmed guard at the grave of the unknown soldier here in Ottawa and cowardly shoots him in the back.
He will be charged with first degree murder and will not be eligible for parole for at least 25 years.
This has nothing to do with the host of our terror bills – the criminal code provides for this penalty as it has since the death penalty was abolished back in the 1970s.
If I had my way – the Jihadist would be sentenced for life without the eligibility of parole.
Case Two:
Jihadists / Muslim / Islamic Terrorists plot to blow up a Via Train and on route are caught with their plans and instruments of destruction.
Again the appropriate charge is under the Criminal Code – section 465 (1)(a) allows for a life sentence for everyone who conspires with anyone to commit murder.
Here as well I would insist that life in prison means just that – life with no possibility of parole.
Case Three:
Same set of facts as in case 2 save for the fact that the Jihadists in our case 3 are still in their planning stage – that is to say, they have not yet set out to do their dirty deed.
Under the previous Terror Legislation they could be held in custody for 3 days if the police was able to convince a judge that there will be a terrorist attack launched. Under Bill C-51 they can now be held for up to 7 days if the Judge can be convinced that a terror attack may happen. So 4 days longer and the test is reduced from will happen to may happen.
For me this is not a significant change and to top it off – these characters will be entitled to be release on a peace bond which, as I have mentioned previously, they are most likely to ignore with distain.
My solution here would be to lock them up for the duration of hostilities with the Jihadi Enemy. We need our own Guantanamo Bay Detention Centre.
Case Four:
Jihadist / Muslim / Islamic Terrorist goes on line to explain how to build a simple but deadly bomb and then encourages all Muslims to build and deploy it and to kill as many infidels as possible.
It is currently illegal to counsel or actively encourage someone to commit a specific terrorism offence and with the introduction of Bill C-51 it broadens that ban to include promotion of terrorism or the international advocacy of it.
The offending Jihadist would be subject to a maximum prison sentence of up to five years in prison.
Slap on the wrist anyone?
By now you will likely have caught on to my solution that is to say, lock then up for the duration of the Jihadist War.
Case Five:
My final case will no doubt be the most problematic for our left wing friends.
Bill C-51 nor does any other laws of Canada deal with the ‘Ordinary Jihadi Sympathizer’.
So what do you do with the dolts who express admiration for the actions of Islamic Extremists such as ISIS?
We have seen ISIS and their ilk – bury babies alive; gun down children in their schools; kill teenage boys watching soccer; rape, enslave and kill girls and women with abandon; behead total innocents for being non-believers and most recently, burn to death a caged Jordanian Pilot.
And we have multitudes of Jihadi Sympathizers singing their praises.
So what should we do with them … are you ready for it … imprisonment for the war’s duration on the basis that they are established themselves as being treasonous 5th columnists.
If they can vocally lend their support to such barbarians and for whom we are at war – the Right to Free Speech and the other Freedoms should not exist.
Solution
- Given that there is nothing in current Canadian law to deal with the situation set-out in Case 5.
- And given the weaknesses I have identified in Cases 3 and 4.
- And given that all the Terror Bills now in effect here in Canada do not even define who a terrorist is … it could be a bunch of raging grannies.
- We in Canada should establish a Terror Bill just for application to the Jihadists and their domestic sympathizers.
Such a Bill would be a work in progress – adding Jihadists groups as required. It would initially include ISIS, Al Qaeda, Hamas, Boko Haram and so on.
As new Islamic Terror groups are formed – they will be added to the list.
Is This Likely?
No. Our politicians do not have the guts to take this step given that they fear the blow back that will come from the left.
But that is not to say it would be wrong to do this. In fact, should Islamic Terror continue to stalk the world – the day may well come when our politicians will have no choice but to do so.
It will be little comfort to the families and friends of those innocents who will die simply because of their failure to act.
As I see it …
‘K.D. Galagher’
