Background on Bill C-36 / Anti-Terrorism Act (2001)
The ATA was assented to on December 18, 2001. This package of legislation is intended to create measures to deter, disable, identify, prosecute, convict and punish terrorist groups. It is further intended to provide new investigative tools to law enforcement and national security agencies.
Definition of a "Terrorist Activity"
The ATA defines a "terrorist activity" in the Criminal Code as an action that takes place either within or without Canada that is an offence under one of the United Nation's anti-terrorism conventions and protocols and an activity that meets the following 3 criteria:
- the activity has to be motivated, in whole or in part, for a political, religious or ideological purpose, objective or cause;
- the activity has to be intended to intimidate the public, or a segment of the public (in or outside of Canada), OR be intended to compel a government, a person, or an organization to do or refrain from doing something (in or outside of Canada);
- the intended goal of the activity is harm through violence or death, endangering someone's life or seriously risking the health or safety of people, OR the intended goal of the activity is to interfere with or seriously disrupt an essential service, facility or system, public or private
This definition includes the act itself, as well as omissions, conspiracy, counseling, and threatening to act. The Act is careful to explicitly exclude lawful protests (including work stoppage, advocacy and dissent) and plain expressions of political, religious or ideological beliefs from the definition of a terrorist activity.
Listed Or Designated Entities
The ATA enables the Solicitor General of Canada to recommend to the Federal Cabinet that an organization be designated and listed as a terrorist group when:
- the group is acting on behalf of, at the direction of, or in association with a terrorist organization;
- when there are reasonable grounds to believe that the group or person has carried out, tried to carry out, participated in or facilitated a terrorist activity.
The list of entities is made public in the Gazette and is shared internationally. There is an appeals process for the listed entity to contest their inclusion on the list.
Financing Of Terrorism
The ATA makes it an offence to hold or provide a property or raise funds knowing that it will be used, in whole or in part, to carry out terrorist activities or help a terrorist group. Property owned or controlled by or on behalf of a terrorist group may be frozen. The ATA further requires that anyone who knows about any property owned or controlled by or on behalf of a terrorist group report it. Financing of terrorist offences carries a penalty of a maximum of 10 years in prison. A person unknowingly involved in the financing of terrorist activity has a right of appeal to show that the offence was committed without knowledge.
Part 6 of the ATA permits the investigation of charitable organizations where it is believed that an organization is being used by terrorists as a cover for other activities and allows steps to be taken to prevent the financing of terrorist organizations indirectly through organizations that have, or claim to have, charitable goals.
Investigative Tools
The ant-terrorism package gives new investigative tools to security, intelligence and law enforcement agencies. The ATA includes provisions that make it easier to use electronic surveillance against terrorist groups. Further, the ATA contains amendments to the Criminal Code that allow for preventive arrests and that require individuals with information about terrorist crime to appear before a judge to provide that information.
Preventative Powers
Where there are reasonable grounds to fear that a person is going to commit a terrorist offence, that person can be ordered to stay within a certain area and be required to be accessible at all times (known as a "recognizance"). Restrictive conditions can be placed on that recognizance, and if the conditions are broken, that individual can be arrested.
Police are allowed to make preventive arrests where there are reasonable grounds to believe that a terrorist act will be committed OR that the arrest of the person is necessary to prevent the terrorist act from being carried out (regardless of whether or not the person arrested was the person who was going to carry out the act). Preventive arrests can be made with or without a warrant. In cases of urgency, a person can be arrested without a warrant provided that the person is brought before a Judge within 24 hours of his or her arrest.
