The CBA urges a review of the overall impact of all expressed anti-terrorism measures and all measures that operate in the context of anti-terrorism. A comprehensive review is imperative given the dramatic expansion of state powers at the expense of due process and individual rights and freedoms since 2001. A consistent definition of terrorist activities should apply in all Canadian law relating to terrorism, and that definition should be the one in the UN Convention for the Suppression of the Financing of Terrorism. Existing and proposed surveillance activities, laws and technologies should be scrutinized to ensure they are appropriate and subject to meaningful controls and independent oversight. The CBA states that the risk of abuse associated with intelligence led policing and the need to maintain secrecy over intelligence mandates effective oversight and accountability of Canada's intelligence and security agencies. Parliamentary oversight has an important role, but an independent oversight mechanism is also needed to address operational matters not covered by the Security Intelligence Review Committee. When the Federal Court reviews a security certificate and the person involved does not receive disclosure, the courts should appoint amicus curiae. The CBA continues to have concerns about the impact and operation of the Anti-terrorism Act, and recommends that many of the expanded powers either be repealed or at least be subject to significant safeguards.

Printable copies are available at no charge to CBA members at any time and are available to non-members for 90 days after publication. For a printable copy, please click here. To order a hard copy from our Publications department, please contact pubs@cba.org.