The Government’s Anti-Terrorism Act (2 of 4)
New Investigative Tools for Law Enforcement and National
Security Agencies
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 new investigative tools for law enforcement and national security
agencies that figure in the proposed Anti-Terrorism Act include:
- making it easier to use electronic surveillance against terrorist groups,
by applying measures similar to the ones used against organized crime;
- amending the Officials Secrets Act – including renaming it the
Security
of Information Act – to create new offences targeting unlawful
disclosure of certain information of national interest;
- amending the Canada Evidence Act to guard certain information of
national interest from disclosure during courtroom or other judicial
proceedings;
- amending the National Defence Act to continue and clarify the
mandate of the Communications Security Establishment (CSE) to collect
foreign communications;
- within carefully defined limits, allowing the arrest, detention and
imposition of conditions of release on suspected terrorists to prevent
terrorist acts and save lives;
- requiring individuals who have information related to a terrorist group
or offence to appear before a judge to provide that information;
- amending the Proceeds of Crime Act to authorize the Financial
Transactions and Reports and Analysis Centre (FINTRAC) to detect financial
transactions that may constitute threats to the security of Canada and to
disclose this information to CSIS; and
- extending the DNA warrant scheme and data bank to include terrorist crimes.
The "preventive arrest" power described above would allow,
under
strict conditions, a peace officer to arrest and bring a person before a
judge to impose reasonable supervisory conditions. A warrant would be required
except where exigent circumstances exist, and the person would have to be
brought before a judge within 24 hours of arrest.
The scope of the proposed Anti-Terrorism Act is consistent with
Canada's legal framework, including the Canadian Charter of Rights and
Freedoms, the requirement for due process, and the consent of the Attorney
General and judicial review where appropriate.
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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