	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

5. Definition of Terrorist Activity

The definition of terrorist activity in section 83.01(1) of the Bill is too broad, and does not accord with the definition found in the International Convention for the Suppression of Financing of Terrorism. Paragraph E, which defines terrorist activity to include “serious interference with or disruption of an essential service facility or system”, could potentially criminalize something as benign as stopping a bus. It should be amended to parallel paragraph D. Paragraph E should thus read:

“to cause serious interference with or serious disruption of an essential service, facility or system, whether public or private, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A), (B) or (C).”

For greater certainty, an additional paragraph, Paragraph F, should be added. Paragraph F should read:

“The offense in clause (E) does not include interference or disruption of an essential service, facility or system, that is the result of advocacy, protest, dissent or stoppage of work.”

In addition, the definition of terrorism in the Bill requires the Crown to prove that the act or omission is committed “in whole or in part for a political, religious or ideological purposes, objective or cause”, an element that is not intrinsic to the offence and may be difficult to prove. That requirement means proving the motive of the perpetrator. Proving motive may be difficult where the perpetrator has said or written nothing to explain what he/she did. A motive that may be something other than political, religious or ideological but that causes an act that results in the same outcome should not be grounds for an acquittal.

Furthermore, this requirement is not in the definition of terrorism in the United Nations Convention on the Suppression of Financing of Terrorism, though this legislation is supposedly designed to enable Canada to ratify that convention. The Convention definition is any

“act intended to cause or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.” [Article 2(1)(b)]

By making our definition unnecessarily restrictive, we may end up violating this Convention by not prosecuting or extraditing those that the Convention requires us either to prosecute or extradite.

The Bill defines a terrorist group to include both a listed entity and “an entity that has as one of its purpose or activities facilitating or carrying out any terrorist activity” [section 83.01(1)]. So even non-listed entities can run afoul of the law. However, listing means that the authorities will pay increased attention to its activities, particularly its funding operations.

With a listed entity, there should be no requirement for law enforcement staff to establish that the entity has as one of its purpose or activities facilitating or carrying out any terrorist activity. That purpose has already been presumptively established by the listing and it should not be necessary to expend further resources to repeat the process.

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

COMBATTING TERROR

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

5. Definition of Terrorist Activity

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