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

3. Retrospectivity Clause

The Criminal Code provisions in the Bill should have a retrospectivity clause. A person should be liable to prosecution for any of the offences created under the Bill, even if the person committed the offence before the present Bill becomes law, as long as the act was an offence at international law, or according to the general principles of law recognized by the community of nations at the time the act was committed.

Some, but not all, of the perpetrators of the September 11^th crimes would be caught by present Canadian legislation. If any of these terrorists should end up on Canadian soil, we should be able to prosecute the terrorist in a situation where the person is not extraditable. Canada should not become a haven for the September 11th terrorists. We need a retrospectivity provision to prevent that from happening.

The Canadian Charter of Rights and Freedoms prohibits retroactivity, but has an exception, under section 11(g). That provision reads:

“Any person charged with an offence has the right not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian law or international law or was criminal according to the general principles of law recognized by the community of nations.”

The constitutionality of Canadian retrospective war crimes legislation was challenged in the case of Imre Finta [R. v. Finta (1994) 1 S.C.R. 701]. Though Imre Finta won his case, he lost his constitutional challenge. The Supreme Court of Canada found the Criminal Code war crimes retrospective legislation to be constitutionally valid.

There is little difference in principle between war crimes or crimes against humanity and terrorism. Both kill innocents in pursuit of twisted ideologies or causes. If retrospectivity is justifiable for war crimes and crimes against humanity, it is equally justifiable for terrorism.

This proposal, therefore, would be in conformity with the Canadian Charter of Rights and Freedoms. It would also be consistent with the new Crimes against Humanity and War Crimes Act, which makes the offences enacted by that law retrospective.

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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