Conference Programme

Resource Guide

The University of Toronto Faculty of Law presents:
The Security of Freedom:
A Conference on Canada's Anti-Terrorism Bill
November 9th and 10th, 2001

A video archive of the conference sessions is now available - Click on the Conference Programme link on the left to connect.

The Security of Freedom Essays on Canada's Anti-Terrorism Bill, Edited by Ronald J. Daniels, Patrick Macklem, and Kent Roach will be published by University of Toronto Press by November 16th, 2001. [Further Information]

In response to the events of September 11th, the Government of Canada has proposed Bill C-36 (the Anti-Terrorism Act), a complex collection of legislative changes designed to "combat terrorism and terrorist activities at home and abroad". This legislation is broadly conceived, and affects areas of Canadian life from immigration to charitable giving, and from privacy to trial fairness. Given the scope of this legislation, and the compressed time for consideration, the Faculty of Law presents a conference involving Canada's leading legal academics, which asks important questions about the scope of the Bill C-36 and the relationship between national security and restrictions on rights and freedoms.


Resource Guide

Bill C-36

(First Reading)
The version of
Bill C 36 ("An Act...to combat terrorism") posted here provides links to cited legislation and international conventions where they are clearly cited in the bill. In many cases, links are to the sections of the legislation as posted at the site for the Department of Justice, Canada, Consolidated Statutes and Regulations, http://laws.justice.gc.ca/en/index.html and exact links to the precise paragraph at the initial screen returned to the user will not occur. Users are therefore reminded to scroll down the screen to the appropriate numbered section of the bill.

Legislative History and Other Information

Includes bill status with links to Hansard, Commitee evidence, background and explanatory information, as well as press releases, news reports, and backgrounders. (Updated Frequently)

International conventions and instruments

Dag Hammarskjöld Library Resource Page on International Terrorism http://www.un.org/Depts/dhl/resources/terrorism/index.html

This is the most authoritative list of international instruments from the United Nations; the links to specific treaties below are to that site. Also linked are relevant Security Council and General Assembly resolutions. Subscribers to the United Nations Treaty Database (linked to the UN site) may wish to consult scanned and paginated versions (PDF and Tiff) of treaty texts at http://untreaty.un.org/English/Terrorism.asp

Another outstanding site for legal academic materials on international law is at the new Terrorism Resources section of the web site for the American Society of International Law, http://www.asil.org/terrorind.htm including ASIL Insights, http://www.asil.org/insights/insigh77.htm and a bibliography of recent articles (1990-2001) on Legal Aspects of Terrorism, http://www.asil.org/terrorism.htm

Relevant and frequently-cited conventions

United Nations, International Convention for the Suppression of Terrorist Bombings
http://www.undcp.org/terrorism_convention_terrorist_bombing.html
U.N. Doc. A/52/653 (25 November 1997); entered into force 23 May 2001, signed 12 Jan 1998 but not yet ratified by Canada. See articles 1 and 2 for definition of place, nature, and type of offences at Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973, entered into force 20 February 1977. Canada a party signing and ratifying, 26 Jun 1974 and 4 Aug 1976 respectively. See article 2 in the text for a definition of crimes.

International Convention against the Taking of Hostages
http://www.undcp.org/terrorism_convention_hostages.html
adopted by the General Assembly of the United Nations on 17 December 1979, entered into force 3 June 1983, signed and ratified by Canada 18 Feb 1980 and 4 Dec 1985 respectively.

International Convention for the Suppression of the Financing of Terrorism
http://www.undcp.org/resolution_2000-02-25_1.html
adopted by the General Assembly of the United Nations on 9 December 1999 (not yet in force); signed 10 Feb 2000 by Canada but not yet ratified.

Convention for the Suppression of Unlawful Seizure of Aircraft
done at The Hague on
16 December 1970
http://www.undcp.org/terrorism_convention_aircraft_seizure.html

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
done at Montreal on 23 September 1971
http://www.undcp.org/terrorism_convention_civil_aviation.html

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
done at Montreal on 24 February 1988
http://www.undcp.org/terrorism_convention_airports.html

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
adopted by the General Assembly of the United Nations on 14 December 1973
http://www.undcp.org/terrorism_convention_protected_persons.html

Convention on the Physical Protection of Nuclear Material
adopted at Vienna on 3 March 1980
http://www.undcp.org/terrorism_convention_nuclear_material.html

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
done at Rome on 10 March 1988
http://www.undcp.org/terrorism_convention_maritime_navigation.html

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf
done at Rome on 10 March 1988
http://www.undcp.org/terrorism_convention_platforms.html

Canada

Canada’s Department of International Trade and Foreign Affairs has collected several older treaties at its site on terrorism at
http://www.dfait-maeci.gc.ca/english/foreignp/treaties-e.htm
and is updating the site at
http://www.dfait-maeci.gc.ca/english/foreignp/terrorism/anti-t1e.htm .

Comparative Legislation

European legislation and treaties

European convention on the suppression of terrorism of 27 January, 1977, ETS No. 90.
(
http://conventions.coe.int/Treaty/EN/cadreprincipal.htm

COM (2001): proposal for a Council framework Decision on combating terrorism 521 (just published).

Overview of proposed legislation:
http://www.statewatch.org./news/2001/sep/14eulaws.htm and
http://europa.eu.int/eur-lex/en/news/index.html

European Journal of International Law -Forum on legal responses to the World Trade Center attacks
http://www.ejil.org/forum_WTC/index.html

United States Legislation

President Bush's Military Order on Detention, Treatment, and Trial of Certain Non=Citizens in the War Against Terrorism,
http://www.whitehouse.gov/news/releases/2001/11/print/20011113-27.html

To view an updated list of Executive Orders and other Presidential acts, go to http://www.access.gpo.gov/su_docs/aces/aces140.html, then click "2001" and "Presidential documents" and then scroll to search screen below to enter a search for "terrorism."

Http://thomas.loc.gov/home/terrorleg.htm" lists legislation (bills and joint resolutions signed into law, being updated slowly)

USA Patriot Act of 2001, P.L. 107-56 (formerly H.R.3162, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism),
http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.3162.ENR

HR2888: 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States,
http://thomas.loc.gov/cgi-bin/query/C?c107:./temp/~c1073xLPRY

HR2926: Air Transportation Safety and System Stabilization Act ,
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_
public_laws&docid=f:publ042.107

S1424: A bill to amend the Immigration and Nationality Act to provide permanent authority for the admission of "S" visa non-immigrants,
http://thomas.loc.gov/cgi-bin/query/C?c107:./temp/~c107Ng1tbU

S.J.Res.23 Authorization for the Use of Military Force, http://thomas.loc.gov/cgi-bin/query/C?c107:./temp/~c107eTP59P

New York State disaster and terrorism legislation,
http://www.llrx.com/features/nydisaster.htm

UK legislation

Anti-Terrorism, Crime, and Security bill,introduced before House of Commons, Nov. 12, 2001.
http://www.parliament.the-stationery-office.co.uk/
pa/cm200102/cmbills/049/2002049.htm

Legislation against Terrorism: A Consultation paper, Cm 4178, http://www.official-documents.co.uk
/document/cm41/4178/4178.htm

Lord Lloyd’s report, Inquiry into Legislation against Terrorism, Cm.3420.

(not available electronically)

A summary of UK proposals from 1999: responses relate to N. Ireland but are newly relevant in light of September 11th: http://www.homeoffice.gov.uk/oicd/terrsum.htm

Australia

Legislative and Other Legal Developments since 11 September 2001 (courtesy of Roy Jordan, Information Specialist, Law and Bills Digest Group, Department of the Parliamentary Library): http://www.aph.gov.au/library/intguide/law/crimlaw.htm#Terrorism
This site now contains live links to the list of legislation posted here recently. You are now able to connect through this site to the relevant texts in Australian legislation.

"As the House of Representatives was dissolved and the Parliament, including the Senate, were prorogued on 8 October 2001prior to the general election on 10th November 2001, no legislation relating to terrorism has been introduced into Parliament since 11 September. The government, however, has made regulations under existing legislation and these are listed below. Both the current Coalition government of Liberal and National Parties and the main opposition Australian Labour Party have proposed new legislation, which will be introduced when Parliament resumes.

Of related interest:

Criminal Code of the Northern Territory of Australia - sect 54,
http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/nt/consol%5fact/
ccotntoa498/s54.html?query=%7e+terrorism

ACT Classification of Publications Ordinance,
http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/act/num%5fact/
copo1989428/s3.html?query=%7e+terrorism+counterterrorism

Major sites of general interest on Counterterrorism legislation

Electronic Privacy Information Center
http://www.epic.org/privacy/terrorism

US State Department Global Terrorism Annual Reports,
http://www.state.gov/www/global/terrorism/annual_reports.html

Legal Issues in Bioterrorism, US perspective
http://biotech.law.umkc.edu/blaw/Bioterror.htm

National Security Archive (US): Terrorism and US Policy
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB55/index1.html#II

Centre for the Study of Terrorism and Political Violence (CSTPV),
http://www.st-and.ac.uk/academic/intrel/research/cstpv/After1992.htm

Sites of general interest on Terrorism

Bibliography on Terrorism, Bioterrorism, the Middle East, and 9-11 Related Issues from LLRX, Complied by Camille Reynolds, Law Librarian, Nossaman Guthner Knox & Elliott, San Francisco, CA
http://www.llrx.com/features/terrorbiblio.htm

Project Ploughshares, Public Appeal on Canada's Response to Terrorism, an ecumenical initiative of the Institute of Peace and Conflict Studies at Conrad Grebel College; affiliated with the Canadian Council of Churches. Space for signing a public appeal and links to Members of Parliament for public input.
http://www.ploughshares.ca/CONTENT/
CURRENT%20ISSUES/September%2011/Appealsignon2.htm

 

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