Once and a while a policy is proposed that provokes diametrically opposed reactions: its proponents find so infinitely reasonable as to be beyond question, where as I find myself wandering around aimlessly in downtown Calgary hitting myself in the face with a frying pan. Which reaction is more evidenced-based I can’t say, but one such policy is Bill C-35, which would apparently neutralize legal obstacles to suing foreign states that support terrorism in Canadian courts. Brilliant, say the proponents: let’s hit them where it hurts. No, not in the nuts (that provision is contained in the Damaging Terrorist Testicles Act [2008]), but in their pocket books. Here’s the spiel from Conservative Senator David Tkachuk in the National Post:
It is well known that certain foreign states abuse their vast sovereign powers and resources by financing and sanctioning acts of terrorism, including hijackings, kidnappings, bombings, assassinations and even military attacks on innocent civilian populations. Some states harbour terrorist groups and permit them to openly recruit and train new terrorists. Afghanistan under Taliban rule was such a state, but there have been, and continue to be, many others.
Traditionally, foreign states have enjoyed blanket immunity from civil suits brought before Canadian courts. However, because of the increase in transnational commercial activity — and all the opportunities for crime that entails — Canadian governments have already placed certain limits on the immunity of foreign states. For example, a Canadian citizen can sue a foreign state for breach of contract.
Bill C-35 will create a similar exception to allow Canadians to take civil action against states and other parties that finance or facilitate terrorist activity. It will also empower the federal government to identify and seize assets within Canada for the purpose of enforcing judgments against such states and organizations.
Here’s where things go off the rail for me, from a policy standpoint: what the fuck is he talking about? Is he really expecting us to believe that foreign terrorist supporting states, such as Afghanistan under the Taliban, or Iran under the Ayatollahs, will honour their obligations to compensate victims of their own terrorism? He doesn’t really even address that goddamn mastadon in the room, saying only that we can already sue a foreign state for breach of contract (likely the kind of foreign states that don’t normally engage in this). He goes on to say that with C-35, Canada could identify and seize the assets of foreign terrorist-sponsoring states and terrorism organizations. Can we not do this already?
In short, I have no sweet clue what this man is saying, what the government is thinking, or how this Bill is any better than a “Perpetual World Peace Act”, a “Sun Must Revolve Around The Earth Act” or a “Make Britney Spears Wear Underwear in Public Act”. All admirable notions, but beyond impossible to enforce. Maybe I’m just missing the point entirely and making an ass out of myself in the process (no rare occurrence), so I’ll ask my readers to please explain to me how this makes any sense to anyone, lest I go completely mental. Save me from myself.
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