Tracking 'Terrorists' or Solidifying Tereotypes? Canada's Anti--Terrorism Act in Light of the Charter's Equality Guarantee

Tracking 'Terrorists' or Solidifying Tereotypes? Canada's Anti--Terrorism Act in Light of the Charter's Equality Guarantee, Vol. 16, WRLSI 95, 2003

25 Pages Posted: 19 Aug 2011

See all articles by Faisal Bhabha

Faisal Bhabha

York University - Osgoode Hall Law School

Date Written: 2003

Abstract

This paper will advance the view that the Anti--Terrorism Act, though arguably neutral on its face, will undoubtedly be implemented in a way which discriminates on the basis of race, religion, colour and ethnic or national origin. More precisely, it will target Muslims, a community which suffers from historical disadvantage and ongoing stereotyping. The definition of "terrorist activity" and the designation of "terrorist groups", as outlined in the Act, will adversely impact on Muslims by subjecting them to differential treatment in the enforcement of criminal law provisions and administrative processes. An additional feature to consider will be the fact of intersecting inequalities, particularly those of a systemic nature, such as the case of non-citizen Muslims, who will be at an even greater risk of discrimination and for whom the adverse effects will be exceptionally grave. Part II begins with an exploration of the background of "terrorism" in international law and in Canadian jurisprudence for the purpose of elucidating the broader historical and legal context into which the Anti--Terrorism Act emerges. This will lead into an examination of the Act itself in Part III, with a focus on the provisions which define "terrorist activity" and provide for the listing of "terrorist groups". Part IV will undertake a section 15(1) analysis of the legislation in light of relevant judgments of the Supreme Court of Canada and will consider specific concerns affecting the equality rights of Muslims in Canada. Part V will consolidate the argument of the unconstitutionality of the Act in view of section 1 of the Charter, which involves balancing the relevant state/society interests and the right at stake. Finally, Part VI will briefly examine the issue of laws which are applied in a discriminatory manner, and the implications in prescribing a remedy. The paper [*99] concludes with a recommendation for the striking down of the Anti-Terrorism Act on the basis that it unjustifiably breaches the section 15(1) equality guarantee.

Keywords: Anti-Terrorism Act, terrorism and discrimination, terrorism and international law, terrorism and section 15 (1), constitutionality of Anti-Terrorism Act

Suggested Citation

Bhabha, Faisal, Tracking 'Terrorists' or Solidifying Tereotypes? Canada's Anti--Terrorism Act in Light of the Charter's Equality Guarantee (2003). Tracking 'Terrorists' or Solidifying Tereotypes? Canada's Anti--Terrorism Act in Light of the Charter's Equality Guarantee, Vol. 16, WRLSI 95, 2003, Available at SSRN: https://ssrn.com/abstract=1912567

Faisal Bhabha (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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