Anti-terrorism Act (S.C. 2001, c. 41)

Marginal note:1995, c. 39, s. 151(1)

• 14. (1) Subparagraph (a)(i) of the definition “enterprise crime offence” in section 462.3 of the Act is replaced by the following:

  • (i) section 83.12 (offences — freezing of property, disclosure or audit),

  • (i.01) subsection 99(1) (weapons trafficking),

• (2) The definition “enterprise crime offence” in section 462.3 of the Act is amended by adding the following after paragraph (a):

  • (a.01) a terrorism offence,

15. Subsection 462.48(1) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

Marginal note:1997, c. 16, ss. 6(2) and (3)

• 16. (1) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:

  • Marginal note:Testimony outside court room

    (2.101) Notwithstanding section 650, where an accused is charged with an offence referred to in subsection (2.102), the presiding judge or justice, as the case may be, may order that any witness testify

    • (a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and

    • (b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.

  • Marginal note:Offences

    (2.102) The offences for the purposes of subsection (2.101) are

    • (a) an offence under section 467.1;

    • (b) a terrorism offence;

    • (c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and

    • (d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).

  • Marginal note:Same procedure for opinion

    (2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

  • Marginal note:Condition of exclusion

    (2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

• Marginal note:1999, c. 25, s. 2(3)

  (2) Subsection 486(4.1) of the Act is replaced by the following:

  • Marginal note:Ban on publication, etc.

    (4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness — or, in the case of an offence referred to in subsection (4.11), the identity of a justice system participant who is involved in the proceedings — or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

  • Marginal note:Offences

    (4.11) The offences for the purposes of subsection (4.1) are

    • (a) a criminal organization offence;

    • (b) a terrorism offence;

    • (c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and

    • (d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).

• Marginal note:1999, c. 25, s. 2(3)

  (3) Paragraphs 486(4.7)(b) to (e) of the Act are replaced by the following:

  • (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;

  • (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

  • (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

  • (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

• Marginal note:1999, c. 25, s. 2(3)

  (4) Paragraph 486(4.9)(c) of the Act is replaced by the following:

  • (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

Marginal note:1998, c. 37, s. 15(2)

• 17. (1) Subparagraph (a)(i) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

  • (i) section 75 (piratical acts),

  • (i.01) section 76 (hijacking),

  • (i.02) section 77 (endangering safety of aircraft or airport),

  • (i.03) section 78.1 (seizing control of ship or fixed platform),

  • (i.04) subsection 81(1) (using explosives),

  • (i.05) section 83.18 (participation in activity of terrorist group),

  • (i.06) section 83.19 (facilitating terrorist activity),

  • (i.07) section 83.2 (commission of offence for terrorist group),

  • (i.08) section 83.21 (instructing to carry out activity for terrorist group),

  • (i.09) section 83.22 (instructing to carry out terrorist activity),

  • (i.1) section 83.23 (harbouring or concealing),

  • (i.11) section 151 (sexual interference),

• (2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by striking out the word “and” at the end of subparagraph (xv) and by adding the following after subparagraph (xvi):

  • (xvii) section 279.1 (hostage taking),

  • (xviii) section 431 (attack on premises, residence or transport of internationally protected person),

  • (xix) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and

  • (xx) subsection 431.2(2) (explosive or other lethal device),

• (3) The definition “primary designated offence” in section 487.04 of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) an offence under any of the following provisions of the Security of Information Act, namely,

    • (i) section 6 (approaching, entering, etc., a prohibited place),

    • (ii) subsection 20(1) (threats or violence), and

    • (iii) subsection 21(1) (harbouring or concealing), and

• Marginal note:1998, c. 37, s. 15(2)

  (4) Subparagraphs (a)(i) to (v) of the definition “secondary designated offence” in section 487.04 of the Act are repealed.

• Marginal note:1998, c. 37, s. 15(2)

  (5) Subparagraph (a)(xx) of the definition “secondary designated offence” in section 487.04 of the Act is repealed.

18. Section 490.1 of the Act is amended by adding the following after subsection (1):

Marginal note:1996, c. 19, s. 93.3; 1999, c. 25, s. 8(3)

• 19. (1) Subsection 515(4.1) of the Act is replaced by the following:

  • Marginal note:Condition prohibiting possession of firearms, etc.

    (4.1) When making an order under subsection (2), in the case of an accused who is charged with

    • (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    • (a.1) a terrorism offence,

    • (b) an offence under section 264 (criminal harassment),

    • (c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

    • (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

    the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

• Marginal note:1999, c. 25, s. 8(4)

  (2) The portion of subsection 515(4.2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Additional conditions

    (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence, to include as a condition of the order

• (3) Section 515 of the Act is amended by adding the following after subsection (4.2):

  • Marginal note:Offences

    (4.3) The offences for the purposes of subsection (4.2) are

    • (a) a terrorism offence;

    • (b) an offence described in section 264;

    • (c) an offence in the commission of which violence against a person was used, threatened or attempted; and

    • (d) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.

• (4) Paragraph 515(6)(a) of the Act is amended by striking out the word “or” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

  • (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

  • (iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act, or

  • (v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv),