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http://ssrn.com/abstract=2071253
 
 

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Counter-Terrorism In and Outside Canada and In and Outside the Anti-Terrorism Act


Kent Roach


University of Toronto - Faculty of Law

2012

Review of Constitutional Studies/Revue d’études constitutionnelles, Volume 16, Issue 2, 2012, 243-264

Abstract:     
Canadian counter-terrorism as practiced in the Anti-Terrorism Act (ATA) has been more respectful of human rights than Canadian counter-terrorism as practiced outside the ATA and outside of Canada. Although the ATA was influenced by British law, its definition of terrorism, preventive arrest, investigative hearings and secrecy provisions are more restrained than those of some other democracies. The ATA demonstrates a commitment to legality and democratic debate. In contrast, counter-terrorism outside the ATA has involved indeterminate detention of non-citizens on the basis of secret evidence and with the threat of deportation to torture; listing of terrorists on the basis of secret evidence; and refusal by Canadian courts to require Canada to request Omar Khadr’s repatriation or to restrain Canadian officials from transferring Afghan detainees to possible torture by Afghan officials. Despite the recommendations of the Arar and Air India public inquiries, Canada does not have adequate accountability structures to monitor and restrain informal and transnational counter-terrorism.

Number of Pages in PDF File: 22

Keywords: counter-terrorism, preventive arrests, secrecy

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Date posted: June 1, 2012 ; Last revised: June 4, 2012

Suggested Citation

Roach, Kent, Counter-Terrorism In and Outside Canada and In and Outside the Anti-Terrorism Act (2012). Review of Constitutional Studies/Revue d’études constitutionnelles, Volume 16, Issue 2, 2012, 243-264. Available at SSRN: http://ssrn.com/abstract=2071253

Contact Information

Kent Roach (Contact Author)
University of Toronto - Faculty of Law ( email )
Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)
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