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 Summit of the Americas 2001

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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