Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act

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Bill C-309
House of Commons of Canada
Long title
  • Preventing Persons From Concealing Their Identity During Riots And Unlawful Assemblies Act.
CitationBill C-309
Enacted by
MP Blake Richards[2]
First readingOctober 3, 2011[1]
Second readingFebruary 15, 2012[1]
Third readingNovember 31, 2012[1]
Second chamber: Senate of Canada
Bill titleBill C-309
First readingNovember 31, 2012
Second readingFebruary 6, 2013
Third readingMay 23, 2013
Conference committee bill passed by House of Commons of CanadaMay 14, 2012[1]
Conference committee bill passed by Senate of CanadaApril 25, 2013
Status: In force

The Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act (

second reading and be sent to the House Standing Committee on Justice and Human Rights
.

The proposal was introduced in the context of the 2012 Quebec student protests, and the riots following the 2011 Stanley Cup championship in Vancouver.[2] However, in both circumstances a vast majority present were not wearing masks.

On June 19, 2013, Bill C-309 became law, banning the wearing of masks during a riot or unlawful assembly, carrying a maximum ten-year prison sentence with a conviction of the offence.[3] The Liberal and Conservative parties voted unanimously in favour of the legislation. The Bloc Quebecois, Green Party and NDP cast 96 votes against the bill.[4]

History and content of the bill

At the time of introduction, there was an existing law in Canada entitled "disguise with intent" which already criminalised the wearing of a disguise during a criminal action with a jail sentence of up to 10 years; but supporters of the bill said it had a "higher burden of proof" that the wearer intended to commit a crime. Richards stated that the new bill lowers the burden of proof necessary for a five-year jail sentence and that he is open to reducing the burden of proof necessary for a 10-year conviction as well.[4][5][6]

The pre-existing law only criminalised the offence for wearing a disguise if one was also either committing a crime or intending to commit a crime. Richards stated that his bill allows courts to convict Canadians wearing masks at unlawful assemblies or riots, who have been preemptively arrested without evidence of conspiracy or crime.[7]

The bill was meant to grant police the authority to arrest, and courts to convict, anyone who is wearing a mask after there is evidence of rioting, or after police declare a peaceful demonstration to be an "unlawful assembly".[8] Richards has said this will "change the stakes dramatically" in Canadian protests.[8]

Criticisms of the bill

Stephane Dion.

This law simply gives the police even more power to make mistakes with their use of force — and they make too damn many of them already.

— Dave Goulet, Barry's Bay This Week[7]

The

constitutional challenge.[5]

Liberal MP

Member of Parliament Charmaine Borg said that the bill "takes away an individual's right to demonstrate anonymously. An individual is not necessarily going to commit a crime just because he or she is wearing a mask at a riot. It is reasonable to think that the person just wants to remain anonymous and protect his or her identity".[4]

Critics agree that commonly one covers her face to avoid photographs being uploaded to the Internet and causing personal or professional problems.[9] Others have pointed out that faces are often covered with kerchiefs in response to police use of chemical-based weapons such as pepper spray and tear gas.[7]

Activist groups have stated that the bill poses a severe threat to the freedom of assembly. In an era where social media brings people together the technologies the government is involved with like

video surveillance are at an all-time high and are actively being used to identify individuals at protests who may not wish to be identified.[9]

The bill also gives law enforcement more tools to break up peaceful assemblies like the ones organized by the group

Anonymous.[10]

References

  1. ^ a b c d e "Bill C-309 at LegisInfo". Parliament of Canada.
  2. ^ a b Fitzpatrick, Meagan (November 17, 2011). "Bill would make wearing masks during riots a crime". CBC News.
  3. ^ Fitzpatrick, Meagan (June 19, 2013). "Wearing a mask at a riot is now a crime". CBC News. Retrieved April 13, 2015.
  4. ^ a b c "Bill C-309 (Historical)". Open Parliament. Retrieved May 13, 2014.
  5. ^ a b "Mask Ban Bill Back Up For Debate By MPs". The Huffington Post. February 8, 2013. Retrieved May 13, 2014.
  6. ^ "Police chiefs back anti-mask bill". CBC News. November 24, 2011.
  7. ^ a b c d Mertl, Steve (November 30, 2011). "Alberta Tory MP pushes ahead with bill to outlaw wearing masks during riots". Daily Brew. Yahoo News Canada. Retrieved May 13, 2014.
  8. ^ a b "Official Report 48". Parliament of Canada. November 17, 2011. Retrieved May 13, 2014.
  9. ^ a b McLaughlin, Christine (December 12, 2011). "Bill C-309, Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act". Active History. Retrieved May 13, 2014.
  10. ^ "Canadian Gov Seeks to Make Masks Illegal". February 16, 2012. Retrieved May 13, 2014.
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