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

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

22 Pages Posted: 1 Jun 2012 Last revised: 4 Jun 2012

Kent Roach

University of Toronto - Faculty of Law

Date Written: 2012

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.

Keywords: counter-terrorism, preventive arrests, secrecy

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: https://ssrn.com/abstract=2071253

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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