Canadian Anti-Terrorism Act
Encyclopedia
The Canadian Anti-Terrorism Act was passed by the Liberal
government of Canada in response to the September 11, 2001, attacks
in the United States
. It received Royal Assent
on December 18, 2001, as Bill C-36. The "omnibus" bill extends the powers of government and institutions within the Canadian
security establishment to respond to the threat of terrorism. The expanded powers were highly controversial due to widely perceived incompatibility with the Canadian Charter of Rights and Freedoms
, in particular for the Act's provisions allowing for 'secret' trials, preemptive detention and expansive security and surveillance powers.
passed by the United States in the same time frame.
The bill's passage has been compared to the government's activation of the War Measures Act
in response to terrorist activity
by the FLQ
.
, David Paciocco
, Andrew Telegdi
and others. Ziyad Mia, of the Muslim Lawyers Association of Toronto, "questioned whether the definition of terrorist activity would apply to a group that resisted, by acts of violence, the regimes of Saddam Hussein or Robert Mugabe", and pointed out that it criminalised the French Resistance
and Nelson Mandela
.
from Mississauga, a suspect in the 2006 Toronto terrorism case
, was sentenced to imprisonment for life. This sentence was the stiffest given so far under the Anti-Terrorism Act. Saad Gaya from Oakville
, a fellow suspect in the same case, was sentenced to 12 years in prison.
government urged that these be renewed, while all three opposition parties were opposed. Specifically, the provisions had to do with preventative arrest and investigative hearings.
On February 27, 2007, the House of Commons voted 159 - 124 against renewing the provisions, which later led to the expiration of these provisions.
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
government of Canada in response to the September 11, 2001, attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on December 18, 2001, as Bill C-36. The "omnibus" bill extends the powers of government and institutions within the Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
security establishment to respond to the threat of terrorism. The expanded powers were highly controversial due to widely perceived incompatibility with the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, in particular for the Act's provisions allowing for 'secret' trials, preemptive detention and expansive security and surveillance powers.
Bill C-36
This bill provides similar measures to that of the USA PATRIOT ActUSA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
passed by the United States in the same time frame.
The bill's passage has been compared to the government's activation of the War Measures Act
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
in response to terrorist activity
October Crisis
The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...
by the FLQ
Front de libération du Québec
The Front de libération du Québec was a left-wing Quebecois nationalist and Marxist-Leninist paramilitary group in Quebec, Canada. It was active between 1963 and 1970, and was regarded as a terrorist organization for its violent methods of action...
.
Opposition
It was opposed by Marjory LeBretonMarjory LeBreton
Marjory LeBreton, PC is Leader of the Government in the Canadian Senate, a position of cabinet-rank; and vice-chair of Mothers Against Drunk Driving in Canada...
, David Paciocco
David Paciocco
David M. Paciocco is a judge of the Ontario Court of Justice, formerly a professor at the University of Ottawa assigned to the common law Section....
, Andrew Telegdi
Andrew Telegdi
Andrew Telegdi, PC is a Canadian politician. He was a Liberal Member of Parliament in the Canadian House of Commons from 1993 to 2008, representing Waterloo and the successor riding of Kitchener—Waterloo....
and others. Ziyad Mia, of the Muslim Lawyers Association of Toronto, "questioned whether the definition of terrorist activity would apply to a group that resisted, by acts of violence, the regimes of Saddam Hussein or Robert Mugabe", and pointed out that it criminalised the French Resistance
French Resistance
The French Resistance is the name used to denote the collection of French resistance movements that fought against the Nazi German occupation of France and against the collaborationist Vichy régime during World War II...
and Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
.
Prosecutions
In January 2010, Zakaria AmaraZakaria Amara
Zakaria Amara is one of 17 people detained on June 2 and June 3, 2006, in the Toronto, Ontario, Canada in the 2006 Toronto terrorism arrests. He was convicted for planning to have launched terrorist attacks against targets in southern Ontario and was believed to be one of the ringleaders.The text...
from Mississauga, a suspect in the 2006 Toronto terrorism case
2006 Toronto terrorism case
The 2006 Ontario terrorism case refers to the plotting of a series of attacks against targets in Southern Ontario, Canada, and the June 2, 2006, counter-terrorism raids in and around the Greater Toronto Area that resulted in the arrest of 18 people found to be Al-Qaeda members of an Islamic...
, was sentenced to imprisonment for life. This sentence was the stiffest given so far under the Anti-Terrorism Act. Saad Gaya from Oakville
Oakville, Ontario
Oakville is a town in Halton Region, on Lake Ontario in Southern Ontario, Canada, and is part of the Greater Toronto Area. As of the 2006 census the population was 165,613.-History:In 1793, Dundas Street was surveyed for a military road...
, a fellow suspect in the same case, was sentenced to 12 years in prison.
Expiration
Some of the bill's provisions expired on March 1, 2007. The ConservativeConservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
government urged that these be renewed, while all three opposition parties were opposed. Specifically, the provisions had to do with preventative arrest and investigative hearings.
On February 27, 2007, the House of Commons voted 159 - 124 against renewing the provisions, which later led to the expiration of these provisions.