This site provides information, articles and links to other resource materials dealing with newly passed anti-terrorist and associated legislation in Canada and Internationally.

For more information or inquiries please contact one of the lawyers listed below.

     Terrance S. Carter
     Sean S. Carter
     Bruce W. Long

Anti-Terrorism Resources From Carters
Charity Law Update - September 2014
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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Anti-Diversion Issues For Charities Operating Abroad
By By Terrance S. Carter & Sean S. Carter. Anti-Terrorism And Charity Law Bulletin No. 37, August 25, 2014.
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Ontario Court Rules Iranian Assets Subject to Seizure in Terrorist Case
By Sean S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 35, March 27, 2014.
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FATF Mutual Evaluation of Canada's Anti-Money Laundering Measures
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 34, February 26, 2014.
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Report On Protecting the "Nonprofit Sector" From Terrorist Abuse
By Sean S. Carter and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 33, November 27, 2013.
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"Listed entities", the Anti-Terrorism Act and Implications for Canadian NGOs
a full day discussion and learning forum held in Ottawa, Ontario, on November 6, 2013, included Sean S. Carter in a panel on the Act and legal implications.
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U.N Report Identifies Impact of Anti-Terrorism Laws on Humanitarian Operations
by Sean S. Carter.

The United Nations Office for the Coordination of Humanitarian Affairs and the Norwegian Refugee Council jointly commissioned and released in July 2013 an independent study on behalf of the Inter-Agency Standing Committee entitled, "Study of the Impact of Donor Counter-Terrorism Measures on Principled Humanitarian Action" (Kate Mackintosh & Patrick Duplat, Inter-Agency Standing Committee, (July 2013), the "Report"). The Report examines the impact national and international counter-terrorism measures may have on humanitarian programs and efforts carried out by various organizations (including charities and non-profits). The Report surveys counter-terrorism related legislative and regulatory frameworks in a variety of leading jurisdictions (including Canada, United Kingdom and the United States of America), and the international framework of counter-terrorism related international treaties, model laws and best practises. The Report focuses specifically on these national and international legal regimes for the implications of these regimes on the ability of non-profits and charities to raise funds and carry out humanitarian operations in various jurisdictions and conflict zones. As the majority of non-profits and charities in Canada may not fully understand how their organizations could be directly impacted (and subject to) the international and domestic counter-terrorism regimes, the Report assists in exposing the reality of the impact of these various regimes on organizations carrying out or materially supporting humanitarian operations and programs.

The Report details several implications of these growing domestic and international legal frameworks on humanitarian operations, including: a decrease or "chill" on fundraising; a reduction in the efficacy and a delay in timing of the delivery of humanitarian aid; and, a self-imposed censorship on public statements (particularly as it relates to political or societal critiques) relating to the broader context of the humanitarian work. While the Report's findings reveal the broadly adverse impact of the domestic and international counter-terrorism regimes on humanitarian work, it also provides seven proactive recommendations to mitigate the potential ongoing impact on humanitarian work. These recommendations include, among other things, that: the individual states and the humanitarian community should engage in an open dialogue on "how to better reconcile counter-terrorism measures and humanitarian action;" that counter-terrorism legal regimes should be amended "to include exceptions for humanitarian action" undertaken to address the basic human needs of the individual (regardless of affiliation, belief, politics, etc.); and, that humanitarian organizations should develop and strengthen "policies, procedures and systems used to minimize aid diversion" to armed actors (including listed entities or designated terrorisms) while balancing these efforts "against programme criticality and humanitarian need."

Given the increase in counter-terrorism measures and enforcement globally, particularly in the area of the financing and support of terrorism, it is increasingly important for charities and non-profits which participate directly in or simply provide support to humanitarian aid programs to understand the scrutiny of humanitarian activities by government agencies and take the necessary proactive steps to put in place internal due diligence policies to minimize risk and protect charitable property.

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FATF Special Recommendation VIII: Impact On Countering Terrorist Financing
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 32, May 30, 2012.
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Canada's Counter-Terrorism Strategy Targets Environmentalism
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 31, May 30, 2012.
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New Bill S-7 Combating Terrorism Act

On February 15, 2012, the government introduced Bill S-7 (short title: Combating Terrorism Act) in the Senate, which Bill aims to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act.

If approved, this Bill would replace sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing for the purpose of gathering information for an investigation of a terrorism offence and allow for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. The Criminal Code would also be amended to create offences of leaving or attempting to leave Canada to commit certain terrorism offences.

This amendment would allow a peace officer to apply for a court order for the "gathering of information" from a person if the judge is satisfied that a terrorism offence has been or will be committed and there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence, or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence, and reasonable attempts have been made to obtain the information from that person. Such a court order would compel the person to answer questions and produce "things", notwithstanding that answering the question or producing "the thing" may tend to incriminate the person or subject the person to any proceeding or penalty.

The Bill would also amend the Canada Evidence Act to allow the Federal Court to order that applications to it with respect to the disclosure of sensitive or potentially injurious information be made public and to allow it to order that hearings related to those applications be heard in private. As well, the Bill would amend the Security of Information Act to increase, in certain cases, the maximum penalty for harbouring a person who committed an offence under that Act.

The Bill has passed Second Reading in the Senate and was referred to the Special Senate Committee on Certain Government Bills on March 8, 2012. The Committee has begun consideration of a draft agenda.

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FATF Revises Recommendations on Combating Terrorist Financing
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 30, March 29, 2012.
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Justice for Victims of Terrorism Act Receives Royal Assent
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 29, March 28, 2012.
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HLF Decision: Terrorist Financing Victory or Troubling Precedent for Charities?
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 28, February 28, 2012.
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Anti-Money Laundering and Anti-Terrorist Financing Consultation Released
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 27, January 24, 2012.
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Update on Bill C-10: Justice for Victims of Terrorism Act
Charity Law Update – September 2011 reported on the introduction of Bill C-10, An Act to enact the Justice for Victims of Terrorism Act etc., in the House of Commons on September 20, 2011. Since it was last reported, the Bill was referred to the Standing Committee on Justice and Human Rights (JUST) to conduct a study and present a report to the House. After many meetings, the Committee adopted Report 2 on November 23, 2011, and presented their report to the House on November 24, 2011.The Committee made amendments to the Bill, however, of particular importance are the amendments to Part I which includes reforms to deter terrorism by amending the State Immunity Act. One of the amendments extends the court’s jurisdiction to hear and determine actions by plaintiffs that are Canadian citizens or permanent residents of Canada, as opposed to the previous version which limited the court’s jurisdiction to actions that have a real and substantial connection to Canada. Another amendment extends the cause of action to be presumed if the act or omission was committed in certain circumstances related to terrorist activities. The House will now proceed to the consideration of Bill C-10 as reported with amendments from the Committee.
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