The B'nai Brith Canada Institute for International Affairs has a mandate to protest the abuse of human rights throughout the world and advocate on behalf of worldwide Jewish communities in distress. The Institute has a special focus on pro-Israel advocacy and education.
Rochelle Wilner President	Frank Dimant Chief Executive Officer	Amos Sochaczevski National Chair	Ruth Klein National Director

COMBATTING TERROR

Submission to the Justice Committee
on Bill C-36 ~ Anti-Terrorism Act

Preface

B’nai Brith has been active in Canada since 1875 as the community’s senior advocacy and volunteer organization. Through its Institute for International Affairs and League for Human Rights, its mandate is to protest the abuse of human rights and advocate on behalf on communities in distress both domestically and worldwide. Given the potential contradictions inherent in attempts to balance security imperatives with protection of traditional civil liberties, Bill C-36 is thus of particular interest and concern to B’nai Brith Canada since both goals are central to the organization’s advocacy mandate and areas of expertise.

B’nai Brith Canada applauds the leadership role Canada has historically taken in promoting a human rights and security agenda throughout the world. It appreciates the opportunity that our democracy affords us to contribute to the public discourse and consultative process surrounding Bill C-36.

B’nai Brith Canada that has long advocated the amendment of domestic legislation, as necessary, to ensure that this country does not become an operational, recruitment or fundraising base for terrorism. This legislation is also necessary to bring us in line with our international obligations. Post September 11^th, such action has become all the more urgent. B’nai Brith commends the government for its considerable efforts to address the growing threat of terrorism that confronts all Canadians, whatever their religious or ethnic background. By its introduction of Bill C-36, the government has demonstrated a commitment to join in international efforts to isolate and undermine the operations, infrastructure and funding of terrorist organizations and their sponsors, wherever they are.

This submission is based on an oral submission to the Department of Justice on October 30, 2001 by David Matas. It was prepared by a special B’nai Brith legal committee consisting of:

• David Matas, Senior Legal Counsel, B'nai Brith Canada
• Joel Cuperfain, Legal Counsel, Institute for International Affairs
• Professor Lorraine Weinrib, Department of Law, University of Toronto
• Steve Slimovitch, Legal Counsel, League for Human Rights
• Allen Adel, Quebec Regional Chair, League for Human Rights
• Marvin Kurz, Legal Counsel, B'nai Brith Canada
• Richard Bogoroch, Senior Legal Counsel, B'nai Brith Canada
• Patrick Essiminy, Quebec Regional Chair, Institute for International Affairs

in consultation with

• Rochelle Wilner, National President, B'nai Brith Canada
• Frank Dimant, Executive Vice President, B'nai Brith Canada
• Professor Steve Scheinberg, National Chair, League for Human Rights
• Amos Sochaczevki, National Chair, Institute for International Affairs
• Ruth Klein, National Director, Institute for International Affairs
• Amelia Golden, Community Relations Co-ordinator, League for Human Rights

Introduction

We have thoroughly reviewed this Bill and are cognizant of the obvious difficulties the drafters faced in balancing security concerns with traditional liberties. In this regard, we think this Bill is a commendable effort and, with a number of minimal changes, it will be a positive contribution to the fight against terrorism. We particularly commend the government for strengthening anti-hate provisions, amendments that are long overdue and will offer minorities of all faiths important protections. However, there are aspects of the Bill that do not go far enough. It could be an even stronger weapon in the fight against terrorism and to this end we have specific suggestions to offer as discussed in the following sections and summarized at the end of the brief.

Table of Contents § Preface § Sunset Clause § Non-discrimination Clause § Retrospectivity Clause § Additional Hate Crime Provisions
Definition of Terrorist Activity § Financing Terrorist Activity § Amendments to Other Acts § Summary of Recommendations

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