The Harper Conservative government has tabled two pieces of legislation that would grant authorities new anti-terrorism powers and allow victims of terrorists to sue their attackers.
The Combating Terrorism Act, which was recently reintroduced in Parliament by Attorney General and Justice Minister Rob Nicholson, would amend the criminal code to allow the courts to compel a witness who has information regarding terrorism to appear in court and provide information.
‘Supporters’ could be sued
In a phone interview with the Laval News, Nicholson said the purpose of his bill is to snag terrorists before they engage in any illegal acts. However, he would not comment on the other bill, introduced by Public Security Minister Vic Toews, which would open the door to lawsuits against “supporters” of terrorism.
“Each case will turn on its own facts,” said Nicholson. “What we’re looking for are terrorist attacks, suicide bombings, that kind of activity that is a threat to Canadian society.” Proposed “recognizance with conditions” provisions in Nicholson’s bill would require a person to enter into an agreement before a judge to abide by certain conditions in order to prevent the carrying out of a terrorist activity.
 Designed to disrupt
According to the government, the measures are designed to aid in the disruption of preparations being made by terrorists before they attack. The provisions were originally part of the Anti-terrorism Act of 2001, a piece of legislation introduced by the former Liberal government in the immediate aftermath of the Sept. 11 attack on the World Trade Centre, and were subject to a five-year sunset clause.
In February 2007, a Conservative government resolution to extend the act with further provisions for another three years was voted down and they expired in March that year. The Conservatives claim that the proposed legislation would add safeguards to those already included in the original legislation, in order to protect the fundamental rights and freedoms of individuals who would be subject to the new provisions.
New approach sought
The government’s rationale is that much of existing criminal law is designed to find and punish those responsible for acts that have already occurred. “This approach is often inadequate for terrorism crimes, which are aimed at creating fear and instability by targeting the general population and where the perpetrator may commit suicide when carrying out the attack,” says a background document for the Combating Terrorism Act circulated to the media.
According to the document, if a peace officer has reasonable grounds to believe that a terrorism activity will be carried out, and reasonable grounds to suspect that the imposition of a recognizance with conditions on a particular person is necessary to prevent a terrorist activity from being carried out, the peace officer could apply to have the person compelled to appear before a judge.
Suspects would get 12 months
The act would allow the judge to consider whether it is desirable to impose reasonable conditions on a suspected individual. Conditions could be imposed on such a person, or they could be released. The burden would be on the government to show why conditions should be imposed. If a suspected terrorist refused to accept the conditions, he could be committed to prison for up to 12 months.
While Nicholson was introducing the act last month, Toews was tabling another terrorism-related piece of legislation, the Justice for Victims of Terrorism Act, which would allow victims to sue perpetrators and supporters of terrorism. According to a statement issued by the government, the Justice for Victims of Terrorism Act would amend an existing law, the State Immunity Act, to lift immunity for states listed by the government as supporters of terrorism.
Opens door to lawsuits
It would also permit victims to claim and recover damages from those who perpetrated or supported terrorism anywhere in the world on or after Jan. 1, 1985. “This government is responding to calls from victims who seek justice,” Toews said in a statement, adding that “perpetrators and supporters of terrorism must be held accountable for their actions.” Toews’ proposed legislation would allow victims of terrorism to sue foreign states, as long as the victims can demonstrate that the defendant provided support to an entity that committed the terrorist act.
Toews emphasizes that there must be a sufficient connection between the claim and Canada. The bill also includes a provision that would allow for the suspension of limitation statutes, so that victims would be able to legally pursue alleged perpetrators even if they were delayed in doing so by physical, mental or psychological conditions, or inability to immediately identify the perpetrator of the terrorist act.