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Misuse of the Anti-Terrorism Act is a far greater threat to Canadian democracy and freedom than the Proud Boys ever were
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On World Press Freedom Day (May 3), Canadian politicians had much to say about freedom of speech and expression. The day before, Proud Boys Canada disbanded, accusing politicians of having violated those basic freedoms by designating it as a terrorist entity.
While Canadians are right to reject the Proud Boys self-described chauvinism, a free society should not label groups as terrorists simply for promoting prejudiced views. Democracy depends on the right to express and debate unpopular, or even offensive, opinions.
Freedom of speech is essential but not absolute. There are laws against hate speech and inciting violence. A terrorism designation is not needed to prosecute anyone who breaks those laws.
The New Democratic Party has a proud tradition of speaking up for Canadian civil liberties, even in the face of actual terrorist threats. In 1970, New Democrats stood alone in Parliament against invoking the War Measures Act, after several bombings and kidnappings perpetrated by the Front de libration du Qubec. In 2001, New Democrats were the first to oppose the Anti-Terrorism Act that was introduced after the Sept. 11 attacks.
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Now, the NDP has reversed its position and is advocating that this sweeping piece of legislation be used more extensively. In an online petition, titled Ban and Designate the Proud Boys as a Terrorist Organization, the party alleged that, The Proud Boys joined a group armed with deadly weapons as they led an assault on the U.S. Capitol this was an act of domestic terrorism.
The NDP leader moved a motion in the House of Commons calling on the government to designate the Proud Boys as a terrorist organization under the Anti-Terrorism Act. The motion passed unanimously, with no member of Parliament wishing to appear to defend the Proud Boys.
In announcing the designation, government officials cited the same event as the petition. As Reuters recently reported, In February, Canada said the group posed an active security threat and played a pivotal role in the deadly attack on the U.S. Capitol in January by supporters of then-president Donald Trump.
Although the adjective deadly is being repeated, neither the Proud Boys nor other Trump supporters killed anyone at the U.S. Capitol. Five people died during, or shortly after, the riot, including two protesters from heart attacks, one protester from a drug overdose and one police officer from a stroke. The only person killed with a weapon was an unarmed Trump supporter who was shot by police.
The working title of Jane Austens Pride and Prejudice was First Impressions. Shocking images from the U.S. Capitol and wild rhetoric from some Trump supporters contributed to misleading first impressions of an armed insurrection, or domestic terrorists murdering a police officer. But the chief medical examiner in Washington, D.C., has since confirmed that the officer died of natural causes.
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The Proud Boys undoubtedly encouraged people to trespass into the U.S. Capitol and behave badly. However, a melee in which they did not fire weapons, plant bombs, kill or kidnap people is hardly terrorism.
Indeed, the U.S. has not designated the Proud Boys as terrorists. It is remarkable that Canada would deem the Capitol riot as terrorist activity when the supposed target, the American government, does not. Yet the NDP has not revised its petition and, more importantly, the Canadian government has not revisited its designation.
Being listed under the Anti-Terrorism Act enables the government to freeze an organizations assets, imprison anyone who handles or contributes to its assets and prevent anyone associated with it from entering Canada.
This designation has apparently compelled Proud Boys Canada to disband. That may make some Canadians feel safer, but it may also drive former Proud Boys underground and radicalize them even further.
Because terrorism designations are so powerful, they should be applied cautiously, based on clear evidence of terrorist activity. If the bar is set so low that rioters who do not kill, kidnap or bomb are designated as terrorists, many activist and protest groups could be unjustly sanctioned. Misuse of the Anti-Terrorism Act is a far greater threat to Canadian democracy and freedom than the Proud Boys ever were.
Erin Weir is the former NDP MP for ReginaLewvan.
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