OTTAWA - The Senate has passed changes to the system for deporting foreign-born terrorism suspects -- just days before a court-imposed deadline.
The upper chamber gave the bill on national security certificates third reading after a special committee rushed it through hearings with the caveat that it would like to continue studying the controversial tools.
In a landmark judgment last February, the Supreme Court of Canada struck down security certificates -- legal instruments used by Ottawa to deport terrorist suspects who don't hold Canadian citizenship.
But it put that ruling on hold for a year to give Ottawa time to revise the law.
The old regime allowed indefinite detention and eventual removal from the country based on secret intelligence presented to a judge behind closed doors, with few details ever disclosed to defendants.
The new law would improve bail procedures and permit special, security-cleared lawyers to attend the secret hearings, challenge government evidence and protect the rights of the accused.
Critics say the changes don't go far enough and maintain that the new regime is also likely to be overturned as a violation of the Charter of Rights.
The special Senate committee dealt with the legislation in just two days and returned it to the full upper chamber Tuesday without amendment.
But it noted that members would have appreciated more time to reflect "upon all aspects of this bill and the views of those concerned, given the life-altering effects that security certificates have on those named in them.''
The committee was unable to hear from all parties who wanted to appear, and proposed the Senate give it authority to "conduct a full study on the security certificate process in the months to come.''
Liberal Senator David Smith, the committee chairman, said he doesn't expect the bill's passage to be the final word on certificates.
"I mean, certainly the debate will continue,'' he said.
Among the Senate committee's lingering concerns:
- The inability of the special advocate to communicate with the person named in the security certificate, except with the judge's authorization, after the special advocate has received confidential information.
- The lack of a specific provision empowering the special advocate to require the government to disclose all documents the special advocate believes may be relevant.
- The absence of a requirement for Parliament to review the new security certificate process and the role of the special advocate.
The committee tabled a statement from Public Safety Minister Stockwell Day agreeing to the possibility of further review and inviting recommendations before the end of the year.
"I welcome your work in this regard as this is an important piece of legislation and key to our efforts to build a strong and resilient Canada,'' Day said.
