The Anti-terrorism Act

INTERNATIONAL DIMENSIONS OF THE ANTI-TERRORISM ACT

The response to terrorism from the international community following September 11th, 2001 was prompt and vigorous. Terrorism is an international problem that requires an international response. International organizations such as the United Nations (including the Security Council), the G8, the Organization of American States (OAS), the Asia-Pacific Economic Cooperation Forum (APEC), the Organization for Security and Cooperation in Europe (OSCE), the Financial Action Task Force on Money Laundering (FATF), the International Civil Aviation Organization (ICAO), and the International Maritime Organization (IMO) have all concretely contributed to the international efforts in the fight against terrorism. Under the relevant international conventions and Security Council Resolutions, and as an active participant in these international efforts, Canada has international obligations and commitments in relation to terrorism, a number of which are implemented through the Anti-terrorism Act (ATA).

The ATA specifically enabled Canada to fulfil a number of its international obligations and commitments. For example, twelve major international legal instruments dealing with terrorism and related issues also existed prior to the 2001 attacks. Canada was already a State Party to 10 of the 12 instruments, and the adoption of the Anti-terrorism Act enabled Canada to ratify and implement the remaining two, namely the International Convention for the Suppression of Terrorist Bombings (1997) and the International Convention for the Suppression of the Financing of Terrorism (1999) in keeping with UN Security Council Resolution 1373 (2001), and commitments by leaders of the G8, APEC, the OSCE and the OAS. 

The ATA also enabled Canada to ratify and implement the Convention on the Safety of United Nations and Associated Personnel (1994). A thirteenth international convention, the International Convention for the Suppression of Acts of Nuclear Terrorism, has since been adopted. Canada signed this convention in September 2005 but has not yet ratified it.

The ATA enabled Canada to implement Financial Action Task Force on Money Laundering (FATF) Special Recommendations on Terrorist Financing adopted in October 2001, as well as the ninth Special Recommendation added in October 2004.

In addition, the ATA allowed Canada to implement important UN Security Council Resolutions dealing with terrorism. For example, on September 28, 2001, the United Nations Security Council adopted Resolution 1373 which obliges all UN members to take measures against those who commit terrorist acts and their supporters. The ATA enabled Canada to comply with this resolution.

Most recently, UN Security Council Resolution 1624, concerning incitement to commit acts of terrorism, was adopted in September 2005. Measures in the ATA concerning counselling a “terrorist activity” “or terrorism offence,” and specific terrorism offences such as knowingly facilitating, participating in or contributing to an activity of a terrorist group, allow Canada to comply with this Resolution.

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Canada also has international human rights obligations resulting from, for example, the International Covenant on Civil and Political Rights, the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Status of Refugees. The UN Security Council (e.g., Resolution 1566) reminds States that they must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and that they should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law. The ATA provisions take Canada’s international human rights obligations into account.

While the links between provisions of the ATA and some precise international obligations such as those undertaken under the bombings or financing conventions are clear, it is important to note that Canada also has more general obligations which may be said to be addressed by the ATA as a whole. These include taking steps necessary to prevent the commission of terrorist acts (e.g., as required by UN Security Council Resolution 1373).

Amendments that weaken the ATA could not only impact our ability to continue to meet Canada’s international obligations, but may also affect our ability to cooperate with our international partners, as well as their perception of Canada’s commitment to the international fight against terrorism.

Any weakening of Canada’s ability to take appropriate anti-terrorism measures could jeopardize not only the safety and security of Canadians at home and abroad, but also Canada’s political and economic interests within the international community. Trade and other economic interests depend largely on the free flow of goods, services and people. These could be affected by the real or perceived impact of Canadian security legislation or measures: while too much security on Canada’s part could impede or divert trade, too little security could lead trading partners to take protective measures of their own affecting Canadian goods and services or the movement of people across borders.

 
Updated to April 1, 2008.