Time running out to hold Winnipeg ISIS supporter in custody, expert says
Peace bonds are being used more frequently in cases of national security but are still rare
Aaron Driver, a Winnipeg-based ISIS supporter known by the alias Harun Abdurahman, has a hearing before a judge Tuesday as time runs out for authorities to hold him without a court appearance.
Driver has been in custody since Thursday, the same day his home in Charleswood was raided.
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"There is a maximum period of time that the authorities are allowed to detain a person before they appear before a judge," said Wesley Wark, a visiting professor at the University of Ottawa specializing in national security and terrorism.
The authorities have applied for a peace bond to be imposed on Driver. If granted, the peace bond could place a variety of different conditions on Driver, including restricted communications or restricted movement, monitored by an electronic bracelet in some cases, Wark said.
This is something a great deal less than jailing a person, Wark said, but it does limit a person's liberties, including some of their charter rights.
A new tool in counterterrorism
Until recently, peace bonds were more commonly used in cases of domestic violence, but now, they are being seen more frequently in cases of national security and counterterrorism, Wark told CBC's Radio Noon.
A peace bond has never been used in a terrorism-related case before in Manitoba, but Wark cited two recent occasions where they were used elsewhere in Canada, including one in P.E.I. and the other in Montreal.
The practice will likely be used even more often once Bill C-51 becomes law, lowering the bar for peace bonds to be issued.
As it currently stands, authorities have to build a case to prove that a person "will" facilitate terrorism, Wark said, but C-51 will lower the threshold to "may" facilitate terrorism, giving judges more room for discretion in issuing the bonds.
"Once a peace bond is imposed, it also gives power to law enforcement agencies. It can either be a provincial police force or the RCMP or even the Canada Border Services Agency, depending on the circumstances, to monitor the conditions of the peace bond. So if the peace bond includes restriction on say internet communications, then they would have the ability to survey those communications," Wark said.
In Canada, this is now being used in cases where authorities fear that Canadians will travel abroad to participate in terrorist organizations such as al-Shabaab in Somalia, or more recently, ISIS in Iraq and Syria, Wark said.
"Normally, you need proof beyond a reasonable doubt to charge someone with an offence. Here, you have to have some reason to suspect that they may be contributing in some way to terrorist activity," said Jeff Gindin, a criminal defence lawyer.
Gindin isn't connected to the case but has worked in defence law for 44 years and is familiar with terror laws.
He said he isn't sure peace bonds should be used to limit someone's rights based on suspicions.
"Is that a reason to forget and disregard all the basic principles about being presumed innocent and having the Crown prove an actual charge against you? That's really the issue here," said Gindin.
If the peace bond is granted, it does not preclude Driver from facing terrorism-related criminal charges down the line, Wark said.
A single breach of a peace bond is typically followed up with a warning or reminder of the bond's conditions, Wark said, but subsequent offences could result in criminal sanctions and imprisonment for up to a year.