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Current Event … Canada’s Anti-terrorism Law Back In The News

The recent arrests of 12 adults and five youth in Ontario on terrorism-related charges have brought the Anti-terrorism Act back into the news. The arrests, which took place on June 2nd and June 3rd 2006, are the largest operation ever carried out under the Anti-terrorism Act.

The Anti-terrorism Act became law on December 18th 2001. In the text that follows, Éducaloi provides some general information on this law.

Is it accurate to say that the arrests were made under the Anti-terrorism Act?

Yes and no. The Anti-terrorism Act is what is called an omnibus bill; it is a law which makes changes to other laws. The Criminal Code is one important law that was changed by the Anti-terrorism Act. Because of the Anti-terrorism Act, the Criminal Code now includes extensive provisions for prosecuting terrorism, for example, new offences related to terrorist activities. So when we say that the suspects were arrested under the Anti-terrorism Act, it is important to realise that the suspects are charged with committing offences under the Criminal Code’s new anti-terrorism rules (which were added to the Criminal Code by the Anti-terrorism Act).

Other laws, such as those related to evidence and proceeds of crime (money laundering), were also changed by the Anti-terrorism Act.

What is a terrorism offence?

A terrorism offence includes:

• An offence related to a terrorist activity (see questions that follow for definition of a terrorist activity); for example: funding a terrorist activity; knowingly participating in the activities of a terrorist group (see questions that follow for definition of a terrorist group); instructing anyone to carry out a terrorist activity; and housing or hiding anyone who has carried out or is likely to carry out a terrorist activity;
  
• An offence under the Criminal Code or any other federal law that is committed to benefit a terrorist group or under the orders of a terrorist group.

Media sources report that the charges faced by the suspects arrested in Ontario include participating in a terrorist group, importing weapons and ammunition for purposes of a terrorist activity, receiving training from a terrorist group, providing training for terrorist activities, and intending to cause an explosion causing serious bodily harm or death.

What is a terrorist activity?

A terrorist activity is an activity that:

• Takes place inside or outside Canada;
  
• Is taken for political, religious or ideological purposes;
  
• Is taken with the intent to intimidate the public with respect to its security or force a person, a government or an organisation to do something or to not do something; and
  
• Intentionally endangers a person’s life, causes death or serious injury, causes serious risk to the health or safety of the public, causes substantial property damage or causes serious interference with an essential service.

Also, offences under certain international agreements are considered terrorist activities, regardless of whether such offences are committed inside or outside Canada (for example, hijacking an aircraft).

What is a terrorist group?

A terrorist group is an entity (a person, a group, a fund, an organisation, etc.) that facilitates or carries out a terrorist activity or whose mission is to facilitate or carry out a terrorist activity.

A terrorist group can also be any entity that is on a list made by the Federal Government. This list includes entities that:

• Have carried out or tried to carry out a terrorist activity;
  
• Have facilitated a terrorist activity; or
  
• Have acted on behalf of or under the orders of an entity that is involved in terrorist activity.

The current list is available online at http://www.psepc-sppcc.gc.ca/prg/ns/le/cle-en.asp  (http://www.psepc-sppcc.gc.ca/prg/ns/le/cle-en.asp).

Is it easier for the police to get permission to intercept private communications for an investigation of a terrorism offence?

Yes. When the Anti-terrorism Act came into effect, it changed the Criminal Code to make it easier for the police to get an authorisation from a judge to intercept (listen to or record) a private communication (for example, a phone conversation) for an investigation of a terrorism offence. In order to get this authorisation for a terrorism-related investigation, police only have to show the judge that the authorisation would be in the best interests of the administration of justice. They don’t have to show the judge that the interception of the private communication is a last resort measure (i.e. showing that other ways of investigating the offence were not successful or will not be successful), as is the case for most other offences.

The Anti-terrorism Act also changed the Criminal Code to make the authorisation to intercept a private communication for a terrorism-related investigation valid for a longer period of time. While for most offences, such an authorisation is valid for sixty days, an authorisation given for the investigation of a terrorism offence may be valid for one or more periods of more than sixty days. But each of these periods cannot be longer than one year.