	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

Summary of Recommendations

1. Sunset Clause

Bill C-36 requires a sunset clause which should apply to the provisions allowing arrest without charge, weakening the right to silence and ousting the jurisdiction of the Access to Information Commissioner and the Privacy Commissioner. We strongly recommend that the sunset clause should not apply to Sections 10, 12 and 13(2) of the Bill, which strengthens long overdue anti-hate provisions in the Criminal Code and the Canadian Human Rights Act.

2. Non-discrimination Clause

Bill C36 needs two anti-discrimination provisions to offer the same assurances that international anti-terrorism treaties require: one general to the application of the whole Bill, and one specific to the listing of terrorist entities.

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. This would enable Bill C-36 to apply to the investigation and prosecution of those involved in the September 11^th terrorist attacks.

4. Additional Hate Crime Provisions

The hate crime provisions dealing with mischief to religious property should be amended so that it is not limited solely to properties used for religious worship but also includes religious based schools, institutions and organizations. The grounds for bias, prejudice or hate in this section should be expanded to include gender and sexual orientation.

Additional hate crime provisions should be added to make it an offence to perform malicious activities that create false alarms or to give false statements in a malicious manner.

5. Definition of Terrorist Activity

The prohibition on permission to interfere with essential services should be discussed in the same manner as the prohibition against causing substantial property damage. The Crown should not have to prove that the motive of the terrorists is in whole or in part for a political, religious or ideological purposes, objective or cause as such a proof may be impossible after the fact, is too restrictive and is not in accordance with International Conventions. In addition, if there is a listed terrorist group there should be no need to prove that such a group 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.

6. Financing Terrorist Activity

This Bill should include special provisions to deal with non-profit organizations which may be contributing to terrorist activities. In addition, protection of informants under this Bill should specifically include protection for non-Canadian informants as well as Canadian ones. We are also of the view that, if a charity is deregistered or denied registration for contributing to terrorist activity, there would have to be a significant and relevant material change to warrant a review. Finally, there should be a deeming rule that, where a certificate has been issued against a registered charity or applicant for charitable status, the officers and directors of the charity, i.e., “the directing minds”, have themselves committed the offence of financing terrorism under section 83.02 of the anti-terrorism legislation.

7. Amendments to Other Acts

The Immigration Act should be amended to include a definition of terrorism, and to provide for a ministerial stay of a deportation order to allow for the investigation and prosecution of offences under Bill C-36. The Citizenship Act should be amended to allow for revocation of citizenship for participating in, facilitating, instructing or harbouring terrorist activity under Criminal Code provisions 83.18 to 83.23. The State Immunity Act should include an exemption from immunity for any state that is found to have sponsored terrorism.

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