OTTAWA, March 12, 2009 – Legislation that would seek to reinstate essential Criminal Code provisions vital to combating terrorist activity while at the same time respecting human rights was introduced today by Minister of Justice and Attorney General of Canada, the Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls.
The Anti-terrorism Act (ATA) of 2001 established two important and necessary provisions in the fight against terrorism: recognizance with conditions and investigative hearings.
Recognizance with conditions was a measure intended to help law enforcement officers disrupt terrorist attacks. Investigative hearings were designed to help gather information for the purpose of investigating a terrorism offence that had been or would have been committed.
Both of these provisions were subject to a sunset clause stating they would expire in early 2007 unless a resolution to renew them was passed by Parliament.
In February 2007, a government resolution to extend the investigative hearings and the recognizance with conditions provisions was defeated in the House of Commons. This led to their expiration on March 1, 2007.
“Not having these provisions available for use creates a serious gap in Canadian law,”
said Minister Nicholson. “By reinstating them, this Government is demonstrating its continued commitment to safeguarding our national security, while at the same time protecting the rights and freedoms of all Canadians.”
The original legislation had numerous safeguards built into it to protect human rights. The proposed legislation adds new safeguards found in the precursor to this bill, the former Bill S-3 in the 39th Parliament (passed by the Senate in March 2008). The new safeguards respond to recommendations from the two Parliamentary committees that examined these provisions as part of their review of the Anti-terrorism Act. The legislation also incorporates further amendments made by the Senate to former Bill S-3.
The proposed legislation seeks to reinstate these two provisions for a period of five years effective from the date of their enactment.
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Ref.:
Darren Eke
Press Secretary
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207
