The Government’s Anti-Terrorism Act (4 of 4)
Comprehensive Safeguards
October 15, 2001
In support of our Anti-Terrorism Plan, our government introduced today in the
House of Commons the Anti-Terrorism Act – a strong new legislative
package of anti-terrorism measures.
The proposed Anti-Terrorism Act contains measures to:
- identify, prosecute, convict and punish terrorists;
- provide new investigative tools to law enforcement and national
security agencies; and,
- ensure that Canadian values of respect and fairness are preserved,
and the root causes of hatred are addressed, through stronger laws
against hate crimes and propaganda.
This legislative package is in keeping with the actions of our allies. They
are an important element in Canada’s commitment to join its international
partners in confronting and stamping out terrorism around the world.
The legislative proposals take aim at terrorist organizations and will assist
the Government of Canada to meet the extraordinary challenges that terrorism
poses.
However, the package strikes the right balance between civil liberties and
national security.
The proposed Anti-Terrorism Act includes safeguards to ensure
consistency with Canada’s legal framework, including the Canadian Charter
of Rights and Freedoms. These safeguards include:
- a Parliamentary review of the anti-terrorism legislation in three years;
- clearly defining provisions so that they are targeted at terrorists
and terrorist groups. Legitimate political activism and protests are
also protected through the precise definition of terrorist activities;
- placing the burden of proof on the state to establish that there was
intent on the part of the accused "for the purpose of facilitating
or carrying out terrorist activity";
- ensuring that the process of adding a group to the list of terrorists
incorporates a number of protections including provisions for removal,
judicial review and safeguards to address cases of mistaken identity,
and a review of the list every two years by the Solicitor General.
- requiring the Attorney General's consent to prosecute the financing
of terrorism offences; and
- requiring the Minister of Defence's authorization for the
Communications and Security Establishment to intercept foreign
communications that may have a Canadian connection.
The Government of Canada’s Anti-Terrorism Plan has four objectives:
- stop terrorists from getting into Canada and protect Canadians from
terrorist acts;
- bring forward tools to identify, prosecute, convict and punish terrorists;
- prevent the Canada-US border from being held hostage by terrorists
and impacting on the Canadian economy; and
- work with the international community to bring terrorists to justice
and address the root causes of such hatred.
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