FACT SHEET

Strengthening the Safeguards
With Amendments to the Proposed Anti-Terrorism Act

The legislative proposals in the Anti-Terrorism Act take aim at terrorist organizations and strengthen investigation, prosecution and prevention of terrorist activities at home and abroad. These measures will assist the Government of Canada to meet the extraordinary challenges that terrorism poses. The legislative package includes extensive safeguards to ensure consistency with Canada's legal framework, including the Canadian Charter of Rights and Freedoms.

Following study and further consultation, amendments have been added to clarify and strengthen provisions of the bill that protect the rights and freedoms of Canadians. Combined with existing safeguards in Bill C-36, the proposed legislation now includes the following:

• The scope of the provisions is clearly defined so that they are targeted at terrorists and terrorist groups. Legitimate political activism and protests are also protected through the precise definition of terrorist activities. In the amendments, the word "lawful" has been deleted from the definition to ensure that protest activity, whether lawful or unlawful, would not be considered a terrorist act unless it was intended to cause death, serious bodily harm, endangerment of life, or serious risk to the health or safety of the public.
  
  
• Under the participation and contribution offences, the burden of proof will be on the state to establish that there was intent on the part of the accused that the activities were "for the purpose of facilitating or carrying out terrorist activity."
  
  
• The provisions concerning facilitation of a terrorist activity would be reordered so that they clearly state that, in order to be guilty of an offence, an individual must know or intend that his or her act would help a terrorist activity to occur, even if the details of the activity are not known by the individual.
  
  
• An interpretive clause would be added to the Bill clarifying that the expression of political, religious or ideological beliefs would not be considered a terrorist activity unless it also constitutes conduct that specifically meets the definition of "terrorist activity."
  
  
• A number of changes have been made concerning the Attorney General certificates. The certificate could no longer be issued at any time, but only after an order or decision for disclosure is made in a proceeding, for example by a Federal Court judge. The Attorney General certificate would be subject to review by a judge of the Federal Court of Appeal. The existing provisions and process for the collection, use and protection of information would be preserved under the Privacy Act and the Personal Information Protection and Electronic Documents Act.
  
  
• The process of adding a group to the list of entities whose activities meet the definition of terrorist activity incorporates a number of protections including provisions for removal, judicial review and safeguards to address cases of mistaken identity. As well, the list must be reviewed every two years by the Solicitor General. A provision would also be added to permit a listed entity to apply for judicial review after the two-year review by the Solicitor General.
  
  
• Procedural safeguards built into the civil forfeiture scheme include court protection of the interests of family members in the principal residence, access to the property in order to meet reasonable living/business needs and legal expenses, and appeal procedures.
  
  
• The Attorney General must consent to prosecute the financing of terrorism offences. The state must establish that the accused knew or intended that the monies or resources were being used to plan, facilitate or carry out terrorist acts.
  
  
• The FINTRAC provisions will not allow the disclosure of complete analytical dossiers directly to law enforcement and intelligence agencies except by judicial warrant on reasonable grounds.
  
  
• In fulfilling its mandate to collect foreign intelligence, the Communications Security Establishment must receive authorization from the Minister of Defence to intercept any communication to or from a foreign target located outside of Canada, including where the communication happens to originate or end in Canada. The Minister must be satisfied before issuing such authorization that measures are in place to protect the privacy of Canadians.
  
  
• Police may use preventive arrest provisions to bring a suspected terrorist before a judge, where there are reasonable grounds to believe that a terrorist activity will be carried out and reasonable grounds to suspect that imposing conditions or arrest is necessary to prevent the carrying out of the terrorist activity. The threat must be specific and involve a specific individual. Except in emergency circumstances, the Attorney General must consent to the arrest. In all cases, the detention after arrest must receive judicial review within 24 hours. In addition, the consent of the Attorney General is required before a judge can be asked to impose supervisory conditions on the release of the person or detain the person for any longer period (up to a maximum of an additional 48 hours). Changes to the bill have also been made to clarify that this longer period would only be for the purpose of enabling the judge to determine whether to impose such conditions. The provisions dealing with preventive arrest would sunset after five years unless a resolution were passed by both Houses of Parliament to extend the power for up to five more years.
  
  
• Under the investigative hearing provisions, a judge may order the examination of a material witness. In order for an investigative hearing to occur, the judge must be satisfied that the consent of the Attorney General was obtained and that there are reasonable grounds to believe a terrorist offence has been or will be committed. In addition, during the hearing, people are protected from self-incrimination, and laws relating to privilege and the non-disclosure of information, as well as the right to counsel, continue to apply. The legislation also provides the judge with the authority to include terms and conditions to protect the interests of the witness, third parties and any ongoing investigations. The provisions dealing with investigative hearing would sunset after five years unless a resolution were made by both Houses of Parliament to continue the power for up to five more years.
  
  
• The Attorney General and Solicitor General of Canada, provincial Attorneys General and Ministers responsible for policing would be required to report annually to Parliament on the use of the preventive arrest and investigative hearing provisions in the Act.
  
  
• The measures in the Bill will be subject to a review by Parliamentary committees within three years.

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