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Anti-Terrorism Law.ca

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 - March 2015
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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Charity Law Update - February 2015
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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Separating Fact from Fiction: Political Activities Revisited
By Terrance S. Carter & Linsey E. C. Rains Anti-Terrorism and Charity Law Alert No. 361, February 26, 2015.
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The Impact of Bill C-51 on Charities and Not for Profits
By Terrance S. Carter, Nancy E. Claridge, and Sean S. Carter Anti-Terrorism and Charity Law Alert No. 39, February 18, 2015.
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Charity Law Update - January 2015
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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Charity Law Update - November/December 2014
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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Report on Counter-Terrorism Laws and Humanitarian Organizations
By Sean S. Carter & Terrance S. Carter Anti-Terrorism and Charity Law Alert No. 38, November 27, 2014.
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Charity Law Update - October 2014
Updating Charities and Not-For-Profit Organizations on recent legal developments and risk management considerations
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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 Alert 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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