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FACT SHEET
Checks and Balances Under the Proposed Anti-Terrorism Act
The tough 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 necessary measures will assist the
Government of Canada to meet the extraordinary challenges that terrorism poses. The package also includes checks and balances to ensure consistency with Canada's legal framework, including the Canadian Charter of Rights and Freedoms. The following safeguards have been put into place:
- 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.
- 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 process of adding a group to the list of terrorists 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.
- 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 that originates or ends 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 exigent 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).
- 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 measures in the Bill will be subject to a review by Parliamentary committees within three years.
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