A Comparison of Australian and Canadian Anti-terrorism Laws

University of New South Wales Law Journal, Vol. 30, pp. 53-85, 2007

33 Pages Posted: 23 Jul 2010

See all articles by Kent Roach

Kent Roach

University of Toronto - Faculty of Law

Date Written: 2007

Abstract

There are many areas of convergence between Australian and Canadian anti-terrorism laws. Yet, there are substantial differences between anti-terrorism laws in the two countries. A number of hypotheses can be presented to explain the significant divergences between Australian and Canadian anti-terrorism law, for example, the Canadian law is subject to a constitutional bill of rights, the Charter, which Australia does not have. This article compares Australian and Canadian antiterrorism laws by exploring areas such as definitions of terrorism, terrorism offences, ASIO (Australian Security Intelligence Organisation) questioning powers and Canadian investigative hearings, preventive detention and control orders, national security confidentiality, proscribed terrorist organisations, and lastly speech associated with terrorism. The Canadian response to terrorism has generally been more restrained and more reflective of rights concerns while the Australian response has generally been more robust and reflective of security concerns.

Keywords: anti-terrorism law, Australia, Canada, Bill of Rights, security

Suggested Citation

Roach, Kent, A Comparison of Australian and Canadian Anti-terrorism Laws (2007). University of New South Wales Law Journal, Vol. 30, pp. 53-85, 2007, Available at SSRN: https://ssrn.com/abstract=1646679

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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