Index

AuthorCraig Forcese/Leah West
Pages739-763
739
INDEX
Access to information
Access to Information Act, 517–19. See
also Access to Information Act
Privacy Act, 519–20. See also Privacy
Act
Access to Information Act, 517–19
exemptions to access, 518–19
Attorney General certif‌icate,
526–28
closed material proceedings,
535
national security exemptions,
523–25
right to access, 517
Accountability, 12–13, 703–24
democratic accountability
court review of discretionary deci-
sions, 32–34
discretion and failure of def‌inition,
31–32
structural foundations, 29–31
executive action, 75–82
Emergencies Act, 376–82
executive role, 76–78
central agencies, 76–77
independent tribunals and
inquiries, 77–78
judicial role, 79–80
Parliamentary role, 72–73
ocers of Parliament, 79
Parliamentarians, 78–79
specialized national security
review, 80–82, 706–9
independent tribunals and inquiries,
709
Parliamentary committees, 706–9
judicial oversight. See Judicial review
security agencies
oversight. See Oversight
review. See Review
Aeronautics Act, 444–45
Aggression, 117–44. See also Military
force
exceptions to prohibitions on use of
force, 120–44
consent, 120
self-defence. See Self-defence
UN Security Council authorization,
120–22
limitations on use of force, 118–20
what is aggression, 117–18
Air India bombing, 16–17, 19, 147, 547,
709
Air transportation
Aeronautics Act, 18, 366, 444–45,
568–70
NATIONAL SECUR ITY LAW740
passenger screening, 569–75. See also
Transportation security
Passenger Protect program, 366,
486, 503, 569–72. See also
No-f‌ly listings
SATA. See Secure Air Travel Act
(SATA)
Al-Qaida and Taliban Regulations, 200–1
Amici curiae, closed material proceedings,
421, 545–46
limitations, 547
special advocates, distinguished, 546
Anti-terrorism Act, 2001 (ATA 2001)
def‌initions
terrorism oence, 224–25
terrorist activity, 205–16
armed conf‌lict exemption,
214–16
kinetic component, 206–8
motive and purpose clauses,
208–12
multiple def‌initions, 216
preparatory crimes, 212–14
terrorist group, 216–24
Criminal Code listing, 216–23
terrorist-f‌inancing charities,
223–24
historical overview, 198, 203–5
specif‌ic oences, 225–34
extraterritorial jurisdiction, 235–39
summary, 243–50
terrorism-adjacent oences, 226,
250
terrorism oences, 226–34
f‌inancing and property oences,
227–28, 246
prosecutions to date, 234,
643–45
terrorist activity, oences con-
nected to, 228–31, 247
terrorist groups, oences con-
nected to, 231–34, 248–49
Anti-terrorism sanctions, 185–91, 199.
See also Terrorism
current mechanics, 189–91
history, 185–89
Anti-terrorism treaties. See also Terrorism
comprehensive conventions, 182–84
draft convention, 183
regional conventions, 183–84
customary international law, 195–97
historical context, 150–51
piecemeal conventions, 151–80
Criminal Code oences imple-
menting, 243–46
existing conventions, 151–58
general obligations, 180–82
Hostage Convention, 167–68
limitations on scope, 159–69
insurgencies, 166
national liberation movements,
166–69
state terrorism, 159–60, 165–66
safeguards, 177–80
scope of jurisdiction, 169–71
state enforcement obligations,
172–77
cooperation in prevention, 173
extradite or prosecute, 173–76
UN Charter, Chapter VII, 184–95
Armed conf‌lict. See also Aggression;
Military force
def‌ined, 691
international armed conf‌lict, 691
non-international armed conf‌lict,
691
fog of war. See Fog of war
laws of. See International humanitar-
ian law (IHL)
military deployment. See Military
force
terrorism during
exemption for armed forces,
159–60, 214–16, 680–84
insurgencies, 166
national liberation movements,
166–69
state-sponsored terrorism, 146n3
state terrorism, 159–60. See also
State terrorism
war on terror. See War on terror
Armed forces. See also Military force
CAF. See Canadian Armed Forces
(CAF)
def‌inition, 214, 256
foreign enlistment, 253
terrorist activity exemption
Criminal Code, 214–16
international treaties, 159–60, 215
uniforms, falsely wearing, 292–93

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