Backgrounder

Anti-terrorism Act (ATA)

The Anti-terrorism Act ( ATA) is one of several pieces of legislation that forms the Government of Canada's overall anti-terrorism strategy. It takes aim at terrorist groups and assists the Government of Canada to meet the extraordinary challenges presented by terrorism. The legislation is intended to protect the safety, security and rights of Canadians. It contains numerous safeguards, which include an important requirement that Parliament conduct a comprehensive review of the provisions and operation of the ATA after three years.

Parliamentary Review

Section 145 of the ATA mandates a comprehensive review of the provisions and operation of the ATA within three years of it having received Royal Assent. A Subcommittee of the House of Commons Standing Committee on Public Safety and National Security undertook the study on behalf of the House of Commons. The Special Senate Committee on the Anti-terrorism Act also conducted a similar review. Both Committees were formed in the 38 th Parliament and reconstituted after the January 2006 election.

The House of Commons Subcommittee issued an interim report in October 2006 focusing on the two sunsetting powers in the ATA: the investigative hearing and the recognizance with conditions. Specifically, they recommended that both powers be extended to December 31, 2011 and that any further extension be subjected to a comprehensive parliamentary review. The committee did not request a Government response to the interim report.

On March 27, 2007, the House of Commons Subcommittee tabled its final report entitled Rights, Limits, Security: A Comprehensive Review of the Anti-Terrorism Act and Related Issues. The Report contained 60 recommendations and the Subcommittee requested a Government response within 120 days.

The Special Senate Committee on the ATA issued its main report on February 22, 2007, entitled Fundamental Justice in Extraordinary Times. The Report contains 40 recommendations. The Senate has not requested a Government response.

Government Response

The Government Response to the House of Commons Subcommittee Review of the ATA does not respond to each recommendation individually, but rather is organized in a thematic manner to address the key issues raised by the Committee in their final report.

The Response addresses the following key issues:

Definition of terrorist activity and terrorist activity offences
Terrorist financing and terrorism-related property
Listing of terrorist entities
Charities
Canada Evidence Act
Communications Security Establishment (CSE)
Security of Information Act
Security certificates under the Immigration and Refugee Protection Act (IRPA)
Special advocates
Review and oversight
Technical amendments

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Department of Justice Canada
July 2007