Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
Anti-terrorism Act
S.C. 2001, c. 41
Assented to 2001-12-18
An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism
SUMMARY
This enactment amends the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and a number of other Acts, and enacts the Charities Registration (Security Information) Act, in order to combat terrorism.
Part 1 amends the Criminal Code to implement international conventions related to terrorism, to create offences related to terrorism, including the financing of terrorism and the participation, facilitation and carrying out of terrorist activities, and to provide a means by which property belonging to terrorist groups, or property linked to terrorist activities, can be seized, restrained and forfeited. It also provides for the deletion of hate propaganda from public web sites and creates an offence relating to damage to property associated with religious worship.
Part 2 amends the Official Secrets Act, which becomes the Security of Information Act. It addresses national security concerns, including threats of espionage by foreign powers and terrorist groups, economic espionage and coercive activities against émigré communities in Canada. It creates new offences to counter intelligence-gathering activities by foreign powers and terrorist groups, as well as other offences, including the unauthorized communication of special operational information.
Part 3 amends the Canada Evidence Act to address the judicial balancing of interests when the disclosure of information in legal proceedings would encroach on a specified public interest or be injurious to international relations or national defence or security. The amendments impose obligations on parties to notify the Attorney General of Canada if they anticipate the disclosure of sensitive information or information the disclosure of which could be injurious to international relations or national defence or security, and they give the Attorney General the powers to assume carriage of a prosecution and to prohibit the disclosure of information in connection with a proceeding for the purpose of protecting international relations or national defence or security.
Part 4 amends the Proceeds of Crime (Money Laundering) Act, which becomes the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The amendments will assist law enforcement and investigative agencies in the detection and deterrence of the financing of terrorist activities, facilitate the investigation and prosecution of terrorist activity financing offences, and improve Canada’s ability to cooperate internationally in the fight against terrorism.
Part 5 amends the Access to Information Act, Canadian Human Rights Act, Canadian Security Intelligence Service Act, Corrections and Conditional Release Act, Federal Court Act, Firearms Act, National Defence Act, Personal Information Protection and Electronic Documents Act, Privacy Act, Seized Property Management Act and United Nations Act. The amendments to the National Defence Act clarify the powers of the Communications Security Establishment to combat terrorism.
Part 6 enacts the Charities Registration (Security Information) Act, and amends the Income Tax Act, in order to prevent those who support terrorist or related activities from enjoying the tax privileges granted to registered charities.
Preamble
WHEREAS Canadians and people everywhere are entitled to live their lives in peace, freedom and security;
WHEREAS acts of terrorism constitute a substantial threat to both domestic and international peace and security;
WHEREAS acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation;
WHEREAS the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress, investigate and incapacitate terrorist activity;
WHEREAS Canada must act in concert with other nations in combating terrorism, including fully implementing United Nations and other international instruments relating to terrorism;
WHEREAS the Parliament of Canada, recognizing that terrorism is a matter of national concern that affects the security of the nation, is committed to taking comprehensive measures to protect Canadians against terrorist activity while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;
AND WHEREAS these comprehensive measures must include legislation to prevent and suppress the financing, preparation, facilitation and commission of acts of terrorism, as well as to protect the political, social and economic security of Canada and Canada’s relations with its allies;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Anti-terrorism Act.
PART 1R.S., c. C-46CRIMINAL CODE
Marginal note:R.S., c. 27 (1st Supp.), s. 2(1); 1993, c. 28, s. 78 (Sch. III, s. 25(1)); 1994, c. 44, s. 2(1)
2. (1) The definition “Attorney General” in section 2 of the Criminal Code is replaced by the following:
“Attorney General”
« procureur général »
“Attorney General”
(a) subject to paragraphs (c) to (f), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,
(b) with respect to the Yukon Territory, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such an Act, means the Attorney General of Canada and includes his or her lawful deputy,
(c) with respect to proceedings in relation to a terrorism offence or to an offence under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,
(d) with respect to proceedings in relation to
(i) an offence referred to in subsection 7(3.71), or
(ii) an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,
means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,
(e) with respect to proceedings in relation to an offence where the act or omission constituting the offence
(i) constitutes a terrorist activity referred to in paragraph (b) of the definition “terrorist activity” in subsection 83.01(1), and
(ii) was committed outside Canada but is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada,
means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and
(f) with respect to proceedings under section 83.13, 83.14, 83.28, 83.29 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them;
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“associated personnel”
« personnel associé »
“associated personnel” means persons who are
(a) assigned by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations,
(b) engaged by the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency, or
(c) deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency,
to carry out activities in support of the fulfilment of the mandate of a United Nations operation;
“government or public facility”
« installation gouvernementale ou publique »
“government or public facility” means a facility or conveyance, whether permanent or temporary, that is used or occupied in connection with their official duties by representatives of a state, members of a government, members of a legislature, members of the judiciary, or officials or employees of a state or of any other public authority or public entity, or by officials or employees of an intergovernmental organization;
“justice system participant”
« personne associée au système judiciaire »
“justice system participant” means
(a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and
(b) a person who plays a role in the administration of criminal justice, including
(i) the Solicitor General of Canada and a Minister responsible for policing in a province,
(ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,
(iii) a judge and a justice,
(iv) a juror and a person who is summoned as a juror,
(v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,
(vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition “peace officer”,
(vii) a civilian employee of a police force,
(viii) a person employed in the administration of a court,
(ix) an employee of the Canada Customs and Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,
(x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act, and
(xi) an employee and a member of the National Parole Board and of a provincial parole board;
“terrorism offence”
« infraction de terrorisme »
“terrorism offence” means
(a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,
(b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,
(c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or
(d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);
“terrorist activity”
« activité terroriste »
“terrorist activity” has the same meaning as in subsection 83.01(1);
“terrorist group”
« groupe terroriste »
“terrorist group” has the same meaning as in subsection 83.01(1);
“United Nations operation”
« opération des Nations Unies »
“United Nations operation” means an operation that is established by the competent organ of the United Nations in accordance with the Charter of the United Nations and is conducted under United Nations authority and control, if the operation is for the purpose of maintaining or restoring international peace and security or if the Security Council or the General Assembly of the United Nations has declared, for the purposes of the Convention on the Safety of United Nations and Associated Personnel, that there exists an exceptional risk to the safety of the personnel participating in the operation. It does not include an operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies;
“United Nations personnel”
« personnel des Nations Unies »
“United Nations personnel” means
(a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or
(b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted;
Marginal note:R.S., c. 27 (1st Supp.), s. 5(1)
3. (1) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if
(2) Section 7 of the Act is amended by adding the following after subsection (3.7):
Marginal note:Offence against United Nations or associated personnel
(3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
(e) the act or omission is committed against a Canadian citizen; or
(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.
Marginal note:Offence involving explosive or other lethal device
(3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 is deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act,
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations, or
(iii) operated for or on behalf of the Government of Canada;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
(e) the act or omission is committed against a Canadian citizen;
(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or
(g) the act or omission is committed against a Canadian government or public facility located outside Canada.
Marginal note:Offence relating to financing of terrorism
(3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after its commission, present in Canada;
(e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;
(f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or
(g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.
Marginal note:Terrorism offence committed outside Canada
(3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person
(a) is a Canadian citizen;
(b) is not a citizen of any state and ordinarily resides in Canada; or
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration Act and is, after the commission of the act or omission, present in Canada.
Marginal note:Terrorist activity committed outside Canada
(3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition “terrorist activity” in subsection 83.01(1) is deemed to commit that act or omission in Canada if
(a) the act or omission is committed against a Canadian citizen;
(b) the act or omission is committed against a Canadian government or public facility located outside Canada; or
(c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.
(3) Subsection 7(7) of the Act is replaced by the following:
Marginal note:If accused not Canadian citizen
(7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.
Marginal note:R.S., c. 30 (3rd Supp.), s. 1(4); 1995, c. 5, par. 25(1)(g)
(4) Subsection 7(10) of the Act is replaced by the following:
Marginal note:Certificate as evidence
(10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.
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