Minority Views on the Canadian Anti-Terrorism Act
4. Detailed Findings(continued)
4. Detailed Findings (continued)
4.5 Concluding Comments (continued)
4.5.1 Possible Influences on Respondent Attitudes (continued)
Media consumption and exposure
In all locations people indicated they got their information about national and international news and current events from (1) TV, (2) newspapers, (3) radio, and (4) the Internet:
- TV -- from both Canadian and American network and cable sources, and some from various groups relied on BBC broadcasts (on CBC Newsworld).
- Newspapers -- many read local, national and/or international newspapers, to varying degrees. In most groups, only a few read the ethnic press or papers in their mother tongue.
- Radio was relied on to a lesser extent than TV or newspapers.
- The Internet was a news source for a few in most groups – sometimes people used the home pages of large Internet service providers (e.g., MSN), or national or international news sources.
The main impact is that media exposure to (1) American incidents involving terrorist suspects, (2) post 9/11 backlash in the US against Arabs and Muslims, (3) racism per se in the US, and (4) perceived abuse of American police power may have contributed directly into participant concerns about what might happen here in Canada.
Canada and its role in the world
The word Canadian had deep resonance with almost all participants in this study. People in all groups expressed pride and sometimes deep emotion when they talked about 5 main positive benefits of living here: (1) the freedom they found here; (2) Canada's multi-cultural make-up; (3) Canada as a democracy; (4) Canada as a safe and peaceful place to live; and (5) Canada's peace-keeping role and reputation in the world, and it's neutral or non-aggressive foreign policy, which was unlikely to agitate terrorists.
All of the above were reasons why participants said they or their families wanted to come to Canada in the first place. As mentioned in the timing factor, some in various groups expressed strong appreciation about the recent decision that Canada would not participate in the US-led war with Iraq.
Appreciative feelings about Canada as a peaceful, multi-cultural and democratic country may have contributed to the general level of trust that many participants placed in the country's lawmakers, and seemed to provide a positive framework with which to view the ATA provisions under study.
The United States and its role in the world
Throughout the discussions, participants in all locations expressed strong reservations about 6 main aspects of American culture and foreign policy: (1) US aggression, particularly with regard to Iraq, but a few were also angry about Iran; (2) US world power and dominance, and its general influence over Canada; (3) US media bias; (4) racism in the US, historically an issue, but on the increase since 9/11, especially against Muslims or visible minorities from the mid-east – including racial profiling; (5) violence in the US, more prevalent against visible minorities since 9/11; and (6) abuse of police powers in the US, more frequent since 9/11.
Unquestionably, participants in all groups were glad they did not live in the US. However, some said they worried that Canada might become more like the US if their concerns about the ATA materialized. Some also pointed out that they mistrusted American sources of information, especially with regard to the listing and financing provisions.
Racial discrimination
On the whole, participants felt there was comparatively little racial discrimination here in Canada, which they attributed largely to its multi-cultural make-up, and to its peaceful, neutral, non-aggressive positioning.
But for some in various groups, discrimination had existed long before 9/11, mainly in subtle ways. For example, a Vancouver man from Iran said that when he first came to Canada, years ago, he had to pay 12-months rent in advance because he did not have credit, and was "not treated as equally"
as others.
Since 9/11, however, participants mainly from the 3 larger urban centres (Montreal, Toronto and Vancouver) said they worried that racial discrimination was on the rise, particularly against Muslims, people who looked like they might be Muslims, or people who came from Muslim countries. This feeling seemed to be based on a cumulative effect of perceived racism in Canada and the US (more so in the US). Participants described incidents at places of worship, at their children's schools, while riding public transit and while job seeking. For example:
- Some Montreal francophone participants of Arab/West Asian ethnic origins in Group 1 experienced discomfort at even being asked to name their country of origin, conscious that it could evoke negative reactions and feelings. (We note here that this was the exception rather than the rule, and that in general, participants did not hesitate to refer to their ethnicity if it would help explain their view).
Je ne dis pas d'où je viens car c'est plein de connotations. (I don't say where I come from; there are too many negative connotations.)
- Someone from the Toronto's Group 3 recalled that a Hindu temple in Hamilton was vandalized because people thought it was a mosque; at a job interview, a woman from Vancouver's Group 1 was told to go work in her community; in Montreal, some children from the Muslim community suffered verbal abuse from other children.
- Some visible minority participants in Toronto experienced or observed Muslim men and women being taunted on the subway. For example, a woman from the Arab/West Asian group spoke of her son's post 9/11 subway ride -- someone told him he
"shouldn't be riding on our subway"
– but other riders supported her son.
While the current level of post-9/11 backlash was worrisome, racial discrimination and/or the potential for it was an ongoing ever-present issue of concern for many in this study, and may have had an impact on reaction to all aspects of the ATA.
Perceptions about terrorists
In most groups, there seemed to be a rather prevalent and consistent impression of terrorists as people or groups who possessed certain characteristics. Terrorists were often referred to or described as (1) extremely clever, cunning and shrewd; (2) invisible but everywhere; (3) determined and desperate; (4) exceedingly well organized; 5) wealthy enough to afford the best legal help; and (6) able to operate above and beyond any laws, national or international.
We feel that these impressions, viewed collectively, seem to constitute a mythology of sorts, or at the very least a somewhat idealized notion about terrorists, far-removed from reality.
In addition, some participants – including those in Group 1, felt that terrorists were sometimes wrongly identified as such, as exemplified in this typical comment:
"One man's freedom-fighter is another man's terrorist."
Such perceptions about terrorism and terrorists seemed to have a strong and somewhat negative impact on the perceived effectiveness of the ATA and its various provisions to prevent terrorism. Many participants told us they did not think any legislation could actually prevent terrorism, although it could make it more difficult for terrorists to operate, which the ATA and its provisions were seen to do.
Contrasting police perspectives
For the most part, it could be said that on the whole, Canadian police were seen as a benevolent protective group, certainly compared to what people referred to as "brutal"
and/or "corrupt"
police forces in many respondents' countries of origin. For example, one participant from the Calgary non-visible minority group stated:
I grew up in a policing society (Hungary), and I like it that we don't have that here (Calgary Group 3).
However, there were participants in various groups who said they had either personally experienced the brunt of what they interpreted as discriminatory behaviour on the part of Canadian police, or, they knew someone or about someone who had. For example:
One Toronto man from El Salvador and his friend had been beaten by police at Cherry Beach, about 10 years ago after having been arrested for drinking alcohol at a movie theatre. Two women from visible minority groups in different locations told similar stories about police harassment – one was ticketed for not wearing a seatbelt (when she was), and another was threatened if she reported the officer for giving her an unjust speeding ticket – both felt that the colour of their skin was a factor.
Both the positive and negative perspectives played out during the discussions, and may have affected how participants reacted to the ATA handouts.
Appreciation of Canada's fair justice system
Participants in all groups consistently displayed deep feelings of pride and appreciation about Canada's fair justice system. One extremely important aspect of that fairness, cited in all 16 focus groups, was that people were considered innocent until proven guilty.
However, there was a strong and prevailing perception that certain provisions of the ATA (the listing and financing provisions, and the new investigative and preventive police powers) did not conform to the fairness they expected, and seemed to negate the innocent-until-proven-guilty tenet. This was cause for considerable concern.
Participants reacted negatively whenever they thought the onus was on the innocent to prove their innocence after they had been accused or arrested, and/or after the harm to them had already been done. These ideas were expressed while discussing various aspects of the ATA:
- The listing provision (which could automatically ruin an innocent person's life because of the public nature of the list, with the right to appeal viewed as the responsibility to prove innocence),
- The financing provision (whereby innocent people could be penalized and made to forfeit property if they did not know it was being used by terrorists, with the right to appeal seen as the responsibility to prove they did not know – again, with the onus on the innocent), and
- The new police powers, whereby innocent people could be arrested without sufficient proof of guilt or the usual due process.
It is important to note there that even though participants strongly appreciated the appeal process itself, they felt innocent parties could be harmed and/or labelled guilty before they had the chance to appeal, thus effectively placing the onus on them to prove their innocence during the appeal process.
It can be seen as a testament to the fundamental fairness of Canadian laws and its care for the innocent that participants wanted to see this fairness reflected in the ATA.
4.5.2 In Conclusion
To summarize the findings, discussion of the ATA and all of the provisions were met with approval or were accepted in principle or intent, along with a range of concerns.
- While the definition of terrorist activity was considered a good idea, it was not well understood; participants queried its possible misinterpretation, and its effect on legitimate protests, and confusion over the criteria led to some faulty assumptions.
- The intention of the listing of terrorist entities provision was viewed in a positive light, but strong concerns emerged over the public nature of the listing, possible ethnic minority stereotyping, doubts about accurate and credible information, the potential for misinterpretation, and loss of privacy. In addition, while the appeal concept was highly valued, most felt that harm to the innocent was done regardless.
- The financing of terrorism provision made sense despite concerns about harm to the innocent, the potential for misinterpretation, and about certain legislative aspects, which placed responsibility on individuals instead of on the government. Again, the highly valued appeal concept in the financing provision was mitigated since harm from publication was already done.
- Overall, there was general acceptance for the new police investigative and preventive powers, despite the perceived risks of abuse, including arrest of the innocent, targeting of ethnic minorities, possible misinterpretation, and potential police abuse. Participants generally approved of the wiretapping section, but were confused about the refusal to give information.
- The notion of safeguards garnered high approval. The sunset clause was poorly understood as a safeguard, and instead was seen as a government expectation that terrorism would not be a problem after 5 years, or as validation that police powers were dangerous. The reporting obligation to Parliament was well liked and well understood as a safeguard, which exerted some control over the application of police powers. However, some doubted that government transparency would prevail, and preferred an independent watchdog.
Overall, a majority of participants felt the risk of having the ATA and its new police powers was acceptable "to better protect the country and the people."
Most felt safer or the same with the legislation, and most hoped their reservations would not be validated. Overall, people adopted a "wait-and-see"
approach.
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