Bill C-36
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49-50 ELIZABETH II |
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CHAPTER 41 |
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[Assented to 18th December, 2001]
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An Act to amend the Criminal Code, the
Official Secrets Act, the Canada
Evidence Act, the Proceeds of Crime
(Money Laundering) Act and other Acts,
and to enact measures respecting the
registration of charities, in order to
combat terrorism
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Preamble
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WHEREAS Canadians and people
everywhere are entitled to live their lives in
peace, freedom and security;
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WHEREAS acts of terrorism constitute a
substantial threat to both domestic and
international peace and security;
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WHEREAS acts of terrorism threaten
Canada's political institutions, the stability of
the economy and the general welfare of the
nation;
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WHEREAS the challenge of eradicating
terrorism, with its sophisticated and
trans-border nature, requires enhanced
international cooperation and a strengthening
of Canada's capacity to suppress, investigate
and incapacitate terrorist activity;
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WHEREAS Canada must act in concert
with other nations in combating terrorism,
including fully implementing United Nations
and other international instruments relating to
terrorism;
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WHEREAS the Parliament of Canada,
recognizing that terrorism is a matter of
national concern that affects the security of the
nation, is committed to taking comprehensive
measures to protect Canadians against
terrorist activity while continuing to respect
and promote the values reflected in, and the
rights and freedoms guaranteed by, the
Canadian Charter of Rights and Freedoms;
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AND WHEREAS these comprehensive
measures must include legislation to prevent
and suppress the financing, preparation,
facilitation and commission of acts of
terrorism, as well as to protect the political,
social and economic security of Canada and
Canada's relations with its allies;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the
Anti-terrorism Act.
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PART 1 |
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R.S., c. C-46
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CRIMINAL CODE |
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R.S., c. 27 (1st
Supp.),
s. 2(1); 1993,
c. 28, s. 78
(Sch. III,
s. 25(1));
1994, c. 44,
s. 2(1)
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2. (1) The definition ``Attorney General''
in section 2 of the Criminal Code is replaced
by the following:
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``Attorney
General'' « procureur général »
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``Attorney General''
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(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
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``associated
personnel''
« personnel
associé »
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``associated personnel'' means persons who
are
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``government
or public
facility'' « installation gouverne- mentale ou publique »
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``government or public facility'' means a
facility or conveyance, whether permanent
or temporary, that is used or occupied in
connection with their official duties by
representatives of a state, members of a
government, members of a legislature,
members of the judiciary, or officials or
employees of a state or of any other public
authority or public entity, or by officials or
employees of an intergovernmental
organization;
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``justice
system
participant'' « personne associée au système judiciaire »
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``justice system participant'' means
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``terrorism
offence'' « infraction de terrorisme »
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``terrorism offence'' means
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``terrorist
activity'' « activité terroriste »
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``terrorist activity'' has the same meaning as
in subsection 83.01(1);
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``terrorist
group'' « groupe terroriste »
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``terrorist group'' has the same meaning as in
subsection 83.01(1);
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``United
Nations
operation'' « opération des Nations Unies »
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``United Nations operation'' means an
operation that is established by the
competent organ of the United Nations in
accordance with the Charter of the United
Nations and is conducted under United
Nations authority and control, if the
operation is for the purpose of maintaining
or restoring international peace and security
or if the Security Council or the General
Assembly of the United Nations has
declared, for the purposes of the
Convention on the Safety of United Nations
and Associated Personnel, that there exists
an exceptional risk to the safety of the
personnel participating in the operation. It
does not include an operation authorized by
the Security Council as an enforcement
action under Chapter VII of the Charter of
the United Nations in which any of the
personnel are engaged as combatants
against organized armed forces and to
which the law of international armed
conflict applies;
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``United
Nations
personnel'' « personnel des Nations Unies »
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``United Nations personnel'' means
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R.S., c. 27 (1st
Supp.), s. 5(1)
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3. (1) The portion of subsection 7(3) of the
Act before paragraph (a) is replaced by the
following:
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Offence
against
internationally
protected
person
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(3) Notwithstanding anything in this Act or
any other Act, every one who, outside Canada,
commits an act or omission against the person
of an internationally protected person or
against any property referred to in section 431
used by that person that, if committed in
Canada, would be an offence against any of
sections 235, 236, 266, 267, 268, 269, 269.1,
271, 272, 273, 279, 279.1, 280 to 283, 424 and
431 is deemed to commit that act or omission
in Canada if
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(2) Section 7 of the Act is amended by
adding the following after subsection (3.7):
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Offence
against United
Nations or
associated
personnel
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(3.71) Notwithstanding anything in this Act
or any other Act, every one who, outside
Canada, commits an act or omission against a
member of United Nations personnel or
associated personnel or against property
referred to in section 431.1 that, if committed
in Canada, would constitute an offence
against, a conspiracy or an attempt to commit
an offence against, or being an accessory after
the fact or counselling in relation to an offence
against, section 235, 236, 266, 267, 268, 269,
269.1, 271, 272, 273, 279, 279.1, 424.1 or
431.1 is deemed to commit that act or
omission in Canada if
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Offence
involving
explosive or
other lethal
device
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(3.72) Notwithstanding anything in this Act
or any other Act, every one who, outside
Canada, commits an act or omission that, if
committed in Canada, would constitute an
offence against, a conspiracy or an attempt to
commit an offence against, or being an
accessory after the fact or counselling in
relation to an offence against, section 431.2 is
deemed to commit that act or omission in
Canada if
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