The Anti-terrorism Act

Context and Rationale

• Governments seeking to address the threat of terrorism generally employ an integrated response in which intelligence, foreign policy, border and customs, immigration, critical infrastructure, and law enforcement and prosecution communities all play key roles.       
• Prior to September 11, 2001, the Criminal Code had been amended as required to implement UN counter-terrorism instruments adopted since 1970. Law enforcement relied on the normal processes of investigation, prosecution, and conviction under the Criminal Code to address terrorism.
• After September 11, 2001, the Government determined that it was necessary to include specific terrorist offences in the Criminal Code, in large part to confront the issue that once a terrorist event takes place, it is too late.
• In effect, the Anti-terrorism Act (ATA) creates offences that criminalize activities, such as participation in a terrorist group, that take place before a terrorist event can occur. That is why the ATA is sometimes described as an Act of prevention.
• In response to the global nature of terrorism, the ATA parallels actions taken by our international partners to combat this threat, while adopting an approach that reflects Canadian values. More specifically, the ATA implements many of Canada’s international obligations that are the result of multilateral anti-terrorism treaties or United Nations Security Council resolutions.
• The ATA was fully debated by Parliament, and was subject to many amendments during its passage. On December 18, 2001, among other things, the legislation:
  • Created measures to take enforcement action against those responsible for terrorist activities;
  • Provided new investigative tools; and
  • Ensured that Canadian values of respect and fairness were preserved and that hatred was addressed through stronger laws against hate crimes and hate propaganda.
• The ATA was designed to create a balance between the need to protect the security of Canadians and the protection of their rights and freedoms. Provisions of the ATA are clearly defined in order to target terrorists and terrorist groups.
• Canadians expect their government to have in place the appropriate legal framework to deal effectively with terrorism and those who threaten our safety. The ATA, which is a key component of this framework, strengthens the Government of Canada’s ability to meet the extraordinary challenges of terrorism.
• The measures contained in the ATA provide additional statutory tools needed to effectively deter, disable, identify, prosecute, convict and punish terrorists. It gives law enforcement and national security agencies investigative tools to gather knowledge about and prosecute terrorists and terrorist groups, as well as protect Canadians from terrorist acts.
• The definition of terrorist activity targets terrorists, and not minorities or religious groups. It does not apply to the expression of political, religious or ideological ideas that are not intended to cause the various forms of harm set out in the definition.
• Although the ATA amended several statutes, the ATA did not change other pieces of legislation designed in part to address terrorist threats, such as the Immigration and Refugee Protection Act, the Security Offences Act or the Canadian Security Intelligence Service Act.
• The ATA contains  rigorous safeguards and review provisions that balance the need to protect the nation from the threat of terrorist acts while ensuring individual rights and freedoms are respected.
• Most importantly, section 145 of the ATA requires that a committee or committees of Parliament begin a “comprehensive review of the provisions and operation of the Act,” within three years from the date that the Act received Royal Assent, which was December 18, 2001.
• A subcommittee of the House of Commons Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness and the Special Senate Committee on the Anti-terrorism Act began separate reviews of the ATA in December 2004. Following the 39th General Election of 2006, the Special Senate Committee resumed its review, and a subcommittee of the Standing Committee on Public Safety and National Security undertook a separate review on behalf of the House of Commons. Both committees have issued their main reports: the House of Commons in March 2007, and the Senate in February 2007.
• The ATA was drafted with due regard for Canada’s legal framework, including the Charter of Rights and Freedoms. The ATA contains numerous safeguards, including various requirements for the consent of the Attorney General and judicial review, where appropriate.
• The threat of terrorism remains very real and, by its nature, continues to present new challenges. The bombings in Bali in 2002, the Madrid train stations bombing and the Beslan tragedy in 2004, the London attacks in 2005 and the attempted London and Glasgow bombings in 2007 are vivid reminders of the dangers posed by terrorism.

Updated to April 1, 2008.