Supreme Court of Canada will render decisions on constitutionality of the definition of “terrorist activity”

Ottawa – On Friday, December 14, the Supreme Court of Canada will render its decisions in a series of cases involving the constitutionality of certain provisions in the Anti-Terrorism Act.

The Court will be delivering its decisions in R. v. Khawaja; United States v. Nadarajah; and United States v. Sriskandarajah. These companion cases deal with the constitutionality of the definition of “terrorist activity” and its operation throughout the terrorism provisions of the Criminal Code. These provisions were enacted shortly after the terrorist attacks in the United States on September 11, 2011 as part of the Anti-Terrorism Act.

These cases consider, among other things, whether the broad definition of “terrorist activity” in the Criminal Code unjustifiably infringes on the Charter of Rights and Freedoms. The BCCLA is an intervener in these cases and argued that the challenged provisions violate freedom of expression because they prohibit expressive pol.itical and religious activity that does not involve violence or the threat of violence, and criminalizes an overly broad range of expressive conduct.

The BCCLA is represented by Kent Roach of the University of Toronto and Robert Centa and Michael Fenrick of Paliare Roland Rosenberg Rothstein LLP.

Click here to read the BCCLA’s argument in the case >>