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Law Times • OcTOber 29, 2018 Page 5 www.lawtimesnews.com Bill targeting those convicted of terrorism criticized BY GABRIELLE GIRODAY Law Times O ntario human rights lawyers are express- ing concerns over the introduction of a bill that would stop those who are convicted of terrorist-related offences abroad from receiving provincial health coverage or holding a driver's licence. The bill, which is called the Terrorist Activities Sanc- tions Act, was tabled on Oct. 22. If successful, it would ap- ply to people convicted of ter- rorist offences contained in s. 83.18 to 83.221 of the Criminal Code and make them ineligible for a host of government ben- efits, including health insurance benefits, a driver's licence and grants, awards or loans from the province under the Ministry of Training, Colleges and Univer- sities Act. It would also nix access to rent-geared-to-income or spe- cial needs housing under the Housing Services Act or insur- ance coverage under the Work- place Safety and Insurance Act or financial help through the Ontario Works Act. Abby Deshman, a lawyer who is director of the criminal justice program for the Cana- dian Civil Liberties Association in Toronto, says news about the proposed bill is "concerning." "We have a criminal justice system that is charged with pro- viding independent, fair assess- ments of whether people com- mitted crimes and also the ap- propriate punishment for those crimes," says Deshman. "And we give that job to inde- pendent judges and not politi- cians for a good reason." Deshman says she believes the bill is unjust. "If someone has completed their sentence — a fair sentence, a fair punishment for whatever criminal offence they've com- mitted — we expect them to return to society and to lead law-abiding lives as contributing members of the community," says Deshman. "It's very hard to see how stopping somebody from hav- ing a driver's licence, health-care coverage or any other number of really essential public services is going to help make that happen." The bill is a private member's bill sponsored by MPP Dave Smith, and it has the support of Ontario Premier Doug Ford. Emily McCullough, a spokes- woman for Smith, said he was not available for an interview the day the bill was tabled. "People in Ontario need to feel safe. There is no reason why a convicted terrorist should be able to roam freely in this coun- try, roam freely in this province and get all of the privileges that we enjoy," he said, according to a transcript of the scrum provided by McCullough. Hassan Ahmad, a human rights lawyer in Toronto, says the bill could be challenged under s. 15 of the Charter for discrimi- nating on religious and cultural grounds. He also says it could be chal- lenged under the Constitution for being ultra vires, because an argument could be made that it falls under the federal govern- ment's mandate, not the prov- ince's. "This looks to me to be a smokescreen for some type of religious or cultural discrimina- tion toward [certain people] — whether it be Muslims, whether it be people of Middle Eastern origin or people who converted to Islam — because this is who it really affects at the end of the day," he says. It is focused only on those convicted under the anti-terrorism provisions under the federal Criminal Code, he notes, and not other offences. Ahmad says he thinks the bill is "political posturing." "In effect, [it's] discriminating toward a small sub-set of people that come from a religious and a cultural minority," he says. "What it does is that it supports the Conservative base." Yavar Hameed, an Ottawa- based human rights lawyer, says the bill is reminiscent of the fed- eral Zero Tolerance for Barbaric Cultural Practices Act. "I think it's problematic be- cause it allows for some kind of legislative intervention that is basically tampering with the criminal law system in a tar- geted and selective way, for what appears to be less-deserving people," he says. "[E]ffectively, it creates two tiers of citizenship." He says the bill also creates a "slippery slope" for other groups that may be targeted. "We're in an era where po- litically, we're talking about am- nesty or pardons for marijuana convictions, whereas in other areas, it's like a hardening that certain kinds of convicted of- fenders aren't even entitled to basic rights that everyone else is allowed," he says. LT NEWS voluntarily self-identified as ra- cialized women and/or women with disabilities." Of the six men that complained within the legal profession, five identified as be- ing racialized, gay, of a minority religion or as a man with a dis- ability, the report said. The DHC provides free, con- fidential services to those with concerns or complaints about discrimination or harassment that violates the Ontario Human Rights Code and is commit- ted by lawyers or paralegals li- censed in Ontario or by students in the Ontario licensing process, the report said. While the DHC is funded by the law society, the operations are completely independent and the data provided to the law so- ciety is completely anonymized, and there is no way to know which complaints proceed to civil or criminal actions or law society tribunal cases, says Lai- King Hum, one of the lawyers that works on the DHC. The counsel doesn't provide legal services, but it does suggest other remedies. Gold recalled attending an International Women's Day event in March 2018, when a panel discussed whether the #MeToo movement would affect lawyers. Hum, who spoke on the panel on March 13 at Osgoode Hall, says complaints spiked after the talk, which had about 300 people in attendance and more watch- ing online. Advertisements in ORs and emails from the law society have also raised the visibility of the DHC's resources, she says. "What was missing was the ability to cite data to say, 'There is a problem.' To date, there was anecdotal evidence," Hum says. "I don't think people know that there is an issue in the profes- sion." Dianne Corbiere, managing partner of Nahwegahbow Cor- biere Genoodmagejig Barristers & Solicitors, chairs the LSO's Equity and Indigenous Affairs Committee, which presented the DHC statistics to law society members. "I want to make sure that we continue to take this issue seri- ously and do what we can, change where we can and improve where we can," Corbiere says. Erin Durant, who practises insurance defence litigation and labour and employment law as a senior associate at Borden Ladner Gervais LLP in Ottawa, says that having more diversity among law firm leadership, as well as more diversity and inclu- sion training, may also have em- boldened people to reach out to the DHC. "I have been confused as an assistant, a court reporter and a law clerk before," Durant says. "I have never experienced dis- crimination from a colleague, in any firm that I've been at. More often when I have seen gender stereotypes applied, it has been from actors outside the law: cli- ents, court staff, sometimes legal assistants and often in jurisdic- tions where there may not be as many women lawyers." LT Continued from page 1 Data now available © 2018 Thomson Reuters Canada Limited 00250JA-93937-NP Rely on the most current law and legislation available Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 On Subscription Order # L7798-8561-65203 $90 One-Time Purchase Order # L7798-8561-65203 $100 Softcover approx. 1400 pages October 2018 978-0-7798-8561-9 Annual volumes supplied on standing order subscription Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Keep up with the latest developments in corporate law with the consolidation that Canada's top practitioners turn to every day. With this reference, you'll have instant access to the acts and regulations, as well as federal and provincial policy statements. This edition features amendments made by the Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, which received Royal Assent May 1, 2018. The following statutes and regulations have been updated: • Canada Business Corporations Act • Canada Not-for-profit Corporations Act • Business Corporations Act • Arthur Wishart Act (Franchise Disclosure) • Business Names Act • Business Regulation Reform Act, 1994 • Corporations Act • Corporations Information Act • Extra-Provincial Corporations Act • Limited Partnerships Act • Business Corporations Act, R.R.O. 1990, Reg. 62, General • Limited Partnerships Act, R.R.O. 1990, Reg. 713, General Also updated: Tables of concordance to the Business Corporations Acts and Partnerships Acts, and information sheets from Ontario's Ministry of Government and Consumer Services. New Edition Federal & Ontario Corporate & Business Legislation 2018-2019 Consulting Editor: Stephen N. Adams, Q.C. Hassan Ahmad says a private member's bill in Ontario could be challenged under s. 15 of the Charter for discriminating on religious and cultural grounds.

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