Better Late than Never: The Canadian Parliamentary Review of the Anti-Terrorism Act

Abstract

This paper assesses the policy-making process behind the Canadian Parliament's mandated review of the Anti-terrorism Act (ATA) and the expiry of preventive arrests and investigative hearings in the ATA. As such, it provides a preliminary glimpse into the complexities of national security policy-making. Policy-makers in this area must grapple with difficult issues that involve liberty, security, equality, privacy and Canada's international relationships. In addition, they must also respond to a seemingly overwhelming array of policy drivers including United Nations edicts, varying assessments of the threat environment, predictions about the restraints that will be imposed by courts under the Canadian Charter of Rights and Freedoms, recommendations by public inquiries, rights watchdogs and parliamentary committees, the experience of other countries and input from interest groups. The paper examines both the delayed three year review of the Anti-Terrorism Act and outlines the major issues left to be resolved by either Parliament or the courts.