Canada Lists Entities Associated with Terrorism Under New Criminal Code Powers

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Tuesday, October 1, 2002
Author: 
Michael MacDonald
Volume: 
18
Issue: 
10
416
Abstract: 
On July 23, 2002, the Solicitor General of Canada, Lawrence MacAulay, announced that the Government of Canada had taken further action against terrorism by listing seven entities pursuant to the recently passed Anti-Terrorism Act. The announcement marked the first time entities had been listed under the new legislation, though Canada has been listing entities in conjunction with the international community since the horrific events of September 11, 2001, pursuant to other mechanisms. The Solicitor General also made reference to the fact that the list is a ?work in progress? and that additional entities will be added to the list. Through amendments to the Criminal Code of Canada, the legislation creates measures to take enforcement actions against those responsible for terrorist activities and provides law enforcement and national security agencies with new investigative tools. One component of the Anti-Terrorism Act is the ability to create a list of entities. It is not a crime to be listed. The immediate impact is the freezing of assets and public identification of being associated with terrorism. Provisions exist whereby the listed entity?s property can be the subject of seizure/restraint and/ or forfeiture. Institutions such as banks, brokerages, etc. are subject to reporting requirements with respect to an entity?s property and must not allow those listed access to the property nor may these institutions deal or otherwise dispose of the property to do so would constitute an offence under the Criminal Code.