EQUAL PROTECTION UNDER THE LAW

It's been a week of ups and downs for civil libertarians watching the
workings of the state.

On a positive note, the Senate passed NDP MP Svend Robinson's private
member's bill extending hate-crime protections to gays and lesbians. It does
not pass entirely without controversy, however. Opponents claim the bill
could be used against religious leaders who condemn homosexuality from the
pulpit. They also assert single groups shouldn't be set apart for
protection, saying violence against all people should be prosecuted equally
and is already outlawed.

The reality is that the number of gays and lesbians being targeted for
violence is on the increase. Not to mention that religious leader are free
to preach against homosexuality, just not to go to the extreme of inciting
hatred and/or violence against homosexuals. No one's religious freedoms are
going to be curtailed by extending protections to certain groups that, if
our society was as tolerant as some people believe it is, shouldn't really
need to be protected in the first place.

There were really worrying notes that came up this week. The federal
government's drugged driving law appears to be practically unenforceable in
its current incarnation. The goal of the law is laudable: reduce the number
of drivers impaired by drugged driving on the roads.

The civil libertarians will be riled up because police will have the right
to demand bodily fluids for testing and any driver who refuses, and quite
likely won't have a right to counsel beforehand, will face criminal charges.

But everything pales in comparison to the allegations floating around Ottawa
about how the rule of law, Charter rights, and due process are being
trampled by CSIS and the RCMP in the "fight against terror."

There's the story of Ahmad Abou El-Maati, who says he was tortured by
Syrians and was forced to finger Maher Arar just to make the pain stop. The
story of how Arar ended up in a Syrian prison himself is well known and now
the question of a public inquiry.

El-Maati is just now coming out with his story in which he claims that he
was harassed, threatened, and spied on by CSIS, eventually forcing him to
return home to Syria, where he was arrested on his arrival and then
imprisoned and tortured.

There's also the case of Dr. Mahboob Khawaja who says he was told by the
Saudi police that they had no reason to arrest him other than a request from
Canadian authorities, who had just arrested his son, Momin Khawaja, in
Ottawa on terrorism charges. Saudi intelligence released the elder Khawaja
after two weeks without any charges.

At least seven Canadians have been detained abroad. At least one has been
brought home and just handed over to U.S. authorities. He pleaded guilty to
terrorism charges, but that doesn't detract from the fact the proper legal
processes weren't followed.

Canadians want to feel safe but that's no reason for law enforcement
agencies to get a free ride. Everyone must be protected and the rule of law
and due process should be applied evenly and in every case.

- -- Gail J. Cohen