MPs to vote on new bill that replaces security certificate law

Members of the House of Commons will vote Monday on a proposed bill that would replace Canada's controversial security certificate legislation.

The Supreme Court of Canada struck down the previous legislation, calling the indefinite detention of foreign nationals unconstitutional, and gave Parliament one year to come up with an alternative.

The Liberals have said they will support the crucial vote, which means the bill will likely pass. But given its controversial nature, it could be challenged in court.

Lawyer Paul Cavalluzzo said he believes Canada's high court should also strike down the new version of the bill.

"I still don't think it meets constitutional standards," he said. "There are still a number of inadequacies within the bill itself, unfortunately."

Cavalluzzo, who specializes in constitutional law and was lead counsel in the Maher Arar inquiry, said the stakes are too high to continue to prevent defendants from seeing evidence against them.

"We're talking about possibly indefinite detention," he said. "You could be talking about deportation to a country that practises torture."

The proposed legislation, like its predecessor, can't be used against Canadian citizens. The government has argued that the draconian measures are excusable because anyone held under the law can get out of jail any time they want as long as they leave Canada and don't return.

Liberal MP Ujjal Dosanjh said the proposed bill still has many inadequacies, but there wasn't enough time to force through any more changes.

"The court deadline [of Feb. 23] would have arrived … and we wouldn't have a law and the whole regime would have fallen by the wayside and that is not a responsible thing for any political party to do," he said.

While not all Liberals agree with their party's decision to support the bill, more than enough are expected to vote with the government to assure its passage.