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67 Crim. L.Q. 95 (2019-2020)
An Empirical Study of Terrorism Charges and Terrorism Trials in Canada between September 2001 and September 2018

handle is hein.journals/clwqrty67 and id is 101 raw text is: 

     An Empirical Study of Terrorism Charges and

           Terrorism Trials in Canada Between

         September 2001 and September 2018

                          Michael Nesbitt


   Within months of the September 11, 2001 terror attacks on the
World Trade Centre buildings in New York, Canada passed the Anti-
Terrorism Act, 2001, (ATA).2 In relevant part, the ATA enacted
Part 11.1 of the Criminal Code of Canada (Criminal Code)3
Canada's criminal terrorism offences.4 Since 2001, various other
I.  Assistant Professor of Law, University of Calgary, Faculty of Law; Senior
    Fellow with the Centre for Military, Security and Strategic Studies; and,
    Fellow with the Canadian Global Affairs Institute. The author wishes to
    thank the Canadian Network for Research on Terrorism, Security and Society
    (TSAS) for generous funding, without which this research would not have
    been possible. The author is also indebted to the indispensable research
    assistance of Ian Wylie, who consistently provided insight, acumen and
    patience whenever it was needed. A great debt of thanks are due last to Dana
    Hagg, who provided a year of exceptional research assistance to get this
    project off the ground and put together the initial databank of terrorism
    cases. Both Dana and Ian also provided exceptional commentary on many of
    the trends that we see stemming from the data to date. As always, any errors
    and/or omissions are solely those of the author.
2.  Anti-Terrorism Act, S.C. 2001, c. 41 [ATA].
3.  See Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code], Part 11.1. For a
    general background on this process, see Craig Forcese, National Security
    Law: Canadian Practice in International Perspective (Toronto: Irwin Law,
    2008) at 294-333 [Forcese, National Security Law].
4.  Prior to 2001, the Criminal Code did contain terrorism offences found in s. 7
    of the Criminal Code, though they tended to criminalize acts that treaties to
    which Canada is a party required criminalizing, such as hostage taking on
    airplanes. These offences were first introduced to the Criminal Code under
    An Act to Amend the Criminal Code, S.C. 1959, c. 41, s. 3. However, it was
    not until 1985 that s. 7 of the Criminal Code was amended to criminalize an
    act of hostage-taking on Canadian aircraft, regardless of whether it occurred
    in Canada. See Criminal Law Amendment Act, 1985, R.S.C. 1985, c. 27 at s.
    5(2). In 2001, the ATA, supra note 2 amended s. 7 of the Criminal Code to
    criminalized a range terrorism-related activity occurring outside Canada.
    Though these s. 7 offences are rarely charged today and were not generally

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