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 Summit of the Americas 2001

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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