An Empirical Study of Terrorism Charges and Terrorism Trials in Canada between September 2001 and September 2018

Forthcoming, Criminal Law Quarterly

34 Pages Posted: 7 Feb 2019

See all articles by Michael Nesbitt

Michael Nesbitt

University of Calgary, Faculty of Law

Date Written: January 30, 2019

Abstract

In order to provide clarity with respect to terrorism prosecutions in Canada, this paper offers a broad, empirical overview of what has taken place over the first fifteen plus years of terrorism prosecutions in Canada. Specifically, it consolidates for the first time all charges and criminal cases brought under Part II.1 of the Criminal Code from 2001 to September 2018, and provides the names of the accused, verdicts including the number of guilty pleas versus stays versus full trials, the conviction rates, and the charging trends and patterns. It also charts the demographics (gender) of the accused, the type (ideologies) of terrorism on trial in Canada, and other factors. Finally, it discusses some specific controversial topics in Canadian terrorism prosecutions, including the prosecution of foreign fighters and of right wing extremism as terrorism.

Keywords: criminal law, terrorism, national security, prosecutions

Suggested Citation

Nesbitt, Michael, An Empirical Study of Terrorism Charges and Terrorism Trials in Canada between September 2001 and September 2018 (January 30, 2019). Forthcoming, Criminal Law Quarterly , Available at SSRN: https://ssrn.com/abstract=3325956

Michael Nesbitt (Contact Author)

University of Calgary, Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

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