Chapter 3: Canada (From 'Comparative Counter-Terrorism Law')

COMPARATIVE COUNTER-TERRORISM LAW, Kent Roach, ed., Cambridge UP, 2015

40 Pages Posted: 15 Feb 2016  

Robert Diab

Thompson Rivers University - Faculty of Law

Date Written: January 7, 2016

Abstract

This chapter sets out a general overview of key facets of Canada’s counter-terrorism law enacted between 2001 to 2015 and related case law. It addresses the definition of terrorism and new terrorism offences added to the Criminal Code in 2001; terrorism prosecutions and sentences; investigative powers of police and intelligence agencies (the Canadian Security Intelligence Service and the Canadian Security Establishment); the listing of terrorism offences or individuals; terrorism financing and related offences; immigration detention; the use of evidence obtained by torture; the role of the military and extra-territorial counter-terrorism activities; secrecy claims and evidence; and remedies for serious violations of human rights in the course of counter-terrorism. The chapter also contains a brief post-script addressing the content of bills C-44 (Protection of Canada from Terrorism Act) and C-51 (Anti-Terrorism Act, 2015).

Keywords: Canadian counter-terrorism law, overview, secrecy, Anti-Terrorism Act, definition of terrorism, detention, investigative powers, financing, prosecutions, sentencing, intelligence, torture, human rights, bill c-51, c-36

JEL Classification: K14

Suggested Citation

Diab, Robert, Chapter 3: Canada (From 'Comparative Counter-Terrorism Law') (January 7, 2016). COMPARATIVE COUNTER-TERRORISM LAW, Kent Roach, ed., Cambridge UP, 2015. Available at SSRN: https://ssrn.com/abstract=2712511

Robert Diab (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada

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