|
|
 |
|
Features: |
| |
| You are here:
Home > Features > National
Identity Cards in Canada |
Bill C-36: The Anti-Terrorism Act
Canada’s response to the war on terrorism
On October 15, 2001, the government introduced the Anti-terrorism Act (Bill C-36) in
the House of Commons. The legislation was designed to give law enforcement and other
officials' tools that would help them prevent acts of terrorism. Existing legislation
limited them to responding once a terrorist act had already occurred.
The bill's main provisions include:
- Defining and designating terrorist groups and activities to make it easier to prosecute
terrorists and those who support them;
- Making it an offence to knowingly participate in, contribute to, or facilitate
the activities of a terrorist group
- Making it a crime to knowingly collect or give funds to carry out terrorist acts,
whether directly or indirectly.
- Denying or removing charitable status from charities that support terrorist groups.
Existing groups can have their assets frozen and seized.
- Enhancing the ability of law enforcement and national security groups to use electronic
surveillance against terrorist groups
- Creating new offences for the disclosure of information considered to be “of national
interest”
- Amending the Canada Evidence Act to prevent the disclosure of information considered
to be “of national interest” during courtroom and judicial proceedings
- Extending the DNA warrant scheme and data bank to include terrorist crimes
- Permitting the arrest and detention of suspected terrorists in order to prevent
a terrorist act, within defined limits.
When introducing the Act, Justice Minister Anne McLellan pointed out that its provisions
were consistent with Canada’s legal framework and the Canadian Charter of Rights and
Freedoms, striking the right balance between civil liberties and national security.
Nonetheless, several groups expressed concerns about the possibility of abuse. The following
amendments were made to the original legislation:
- Revising the definition of “terrorist activity” to make it clear that unlawful
activities such as trespassing and property damage could not be considered terrorist
acts.
- Clarifying that the legislation is not intended to target specific ethnic or religious
groups who are not engaged in terrorist activity.
- Adding a provision requiring the federal and provincial Attorney Generals, the
Solicitor General of Canada, and ministers responsible for policing the provinces
to provide an annual public report on each case of preventative arrest under Bill
C-36.
- Adding a provision requiring the Attorney Generals of Canada and the provinces
to report annually on investigative hearings that took place under Bill C-36.
- Adding a “sunset clause” so that the powers of preventative arrest and investigative
hearings would expire after five years, unless Parliament chose to extend them for
a further five years.
- Clarifying that individuals accused of aiding terrorist activity must have been
aware that their action would help cause a terrorist act to occur.
Parliament passed the Anti-terrorism Act on November 28, 2001. It is subject to review
every three years.
|
