JUSTICE MINISTER RESPONDS TO GAZETTE EDITORIAL

Your Aug. 20 editorial "Cotler sacrifices civil rights" suggests under a
proposed bill the police would have the right to pry into the emails of
ordinary Canadians without proper judicial oversight. That is not correct.
The proposed legislation - which has yet to be introduced and is under
discussion with stakeholders, including civil libertarians - would allow
police to "wiretap" Internet use. This authority could be granted only by
judicial warrant and would be subject to a vigorous oversight, including
accountability and reporting requirements.

The editorial went on to accuse me of having proposed "Orwellian control
measures" for people suspected of terrorist activity. This was "a
middle-range option" for terrorism suspects, one I suggested Parliament
explore as a lesser sanction compared with either of the two present
options - prolonged detention or removal to a country where there is a
substantial risk of torture.

Anyone familiar with my work knows my position here: "The enforcement of
counter-terrorism law and policy must always comport with the rule of law.
Counter-terrorism must not undermine the very human security it aims to
promote and protect." These are the principles that have guided me my
entire life - and I did not park them at the door when I became a minister.

I value vigorous public discussion and respect opinion and critique that is
informed by fact. Citizens, politicians, and journalists all have a role to
play in this exercise of an important democratic freedom.

Regrettably, your editorial has done a disservice to informed public debate.

Irwin Cotler

Minister of Justice of Canada

Ottawa