Lijit Search
www.ANTITERRORISMLAW.ca Other Carters websites:   CARTERS.ca   CHARITYLAW.ca   CHURCHLAW.ca Anti-Terrorism Law.ca This site provides information, articles and links to other resource materials dealing with newly passed anti-terrorist and associated legislation in Canada and Internationally. For more information or inquiries please contact one of the lawyers listed below.        Terrance S. Carter        Sean S. Carter        Bruce W. Long Anti-Terrorism Resources From Carters
RSS-recent-news-and-publications

Ontario Court Rules Iranian Assets Subject to Seizure in Terrorist Case
By Sean S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 35, March 27, 2014.
03/27/2014  Learn more >>>


FATF Mutual Evaluation of Canada's Anti-Money Laundering Measures
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 34, February 26, 2014.
02/26/2014  Learn more >>>


Report On Protecting the "Nonprofit Sector" From Terrorist Abuse
By Sean S. Carter and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 33, November 27, 2013.
11/27/2013  Learn more >>>


"Listed entities", the Anti-Terrorism Act and Implications for Canadian NGOs
a full day discussion and learning forum held in Ottawa, Ontario, on November 6, 2013, included Sean S. Carter in a panel on the Act and legal implications.
11/06/2013  Learn more >>>


U.N Report Identifies Impact of Anti-Terrorism Laws on Humanitarian Operations
by Sean S. Carter.

The United Nations Office for the Coordination of Humanitarian Affairs and the Norwegian Refugee Council jointly commissioned and released in July 2013 an independent study on behalf of the Inter-Agency Standing Committee entitled, "Study of the Impact of Donor Counter-Terrorism Measures on Principled Humanitarian Action" (Kate Mackintosh & Patrick Duplat, Inter-Agency Standing Committee, (July 2013), the "Report"). The Report examines the impact national and international counter-terrorism measures may have on humanitarian programs and efforts carried out by various organizations (including charities and non-profits). The Report surveys counter-terrorism related legislative and regulatory frameworks in a variety of leading jurisdictions (including Canada, United Kingdom and the United States of America), and the international framework of counter-terrorism related international treaties, model laws and best practises. The Report focuses specifically on these national and international legal regimes for the implications of these regimes on the ability of non-profits and charities to raise funds and carry out humanitarian operations in various jurisdictions and conflict zones. As the majority of non-profits and charities in Canada may not fully understand how their organizations could be directly impacted (and subject to) the international and domestic counter-terrorism regimes, the Report assists in exposing the reality of the impact of these various regimes on organizations carrying out or materially supporting humanitarian operations and programs.

The Report details several implications of these growing domestic and international legal frameworks on humanitarian operations, including: a decrease or "chill" on fundraising; a reduction in the efficacy and a delay in timing of the delivery of humanitarian aid; and, a self-imposed censorship on public statements (particularly as it relates to political or societal critiques) relating to the broader context of the humanitarian work. While the Report's findings reveal the broadly adverse impact of the domestic and international counter-terrorism regimes on humanitarian work, it also provides seven proactive recommendations to mitigate the potential ongoing impact on humanitarian work. These recommendations include, among other things, that: the individual states and the humanitarian community should engage in an open dialogue on "how to better reconcile counter-terrorism measures and humanitarian action;" that counter-terrorism legal regimes should be amended "to include exceptions for humanitarian action" undertaken to address the basic human needs of the individual (regardless of affiliation, belief, politics, etc.); and, that humanitarian organizations should develop and strengthen "policies, procedures and systems used to minimize aid diversion" to armed actors (including listed entities or designated terrorisms) while balancing these efforts "against programme criticality and humanitarian need."

Given the increase in counter-terrorism measures and enforcement globally, particularly in the area of the financing and support of terrorism, it is increasingly important for charities and non-profits which participate directly in or simply provide support to humanitarian aid programs to understand the scrutiny of humanitarian activities by government agencies and take the necessary proactive steps to put in place internal due diligence policies to minimize risk and protect charitable property.
10/31/2013  Learn more >>>


FATF Special Recommendation VIII: Impact On Countering Terrorist Financing
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 32, May 30, 2012.
06/28/2012  Learn more >>>


Canada's Counter-Terrorism Strategy Targets Environmentalism
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 31, May 30, 2012.
05/30/2012  Learn more >>>


New Bill S-7 Combating Terrorism Act

On February 15, 2012, the government introduced Bill S-7 (short title: Combating Terrorism Act) in the Senate, which Bill aims to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act.

If approved, this Bill would replace sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing for the purpose of gathering information for an investigation of a terrorism offence and allow for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. The Criminal Code would also be amended to create offences of leaving or attempting to leave Canada to commit certain terrorism offences.

This amendment would allow a peace officer to apply for a court order for the "gathering of information" from a person if the judge is satisfied that a terrorism offence has been or will be committed and there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence, or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence, and reasonable attempts have been made to obtain the information from that person. Such a court order would compel the person to answer questions and produce "things", notwithstanding that answering the question or producing "the thing" may tend to incriminate the person or subject the person to any proceeding or penalty.

The Bill would also amend the Canada Evidence Act to allow the Federal Court to order that applications to it with respect to the disclosure of sensitive or potentially injurious information be made public and to allow it to order that hearings related to those applications be heard in private. As well, the Bill would amend the Security of Information Act to increase, in certain cases, the maximum penalty for harbouring a person who committed an offence under that Act.

The Bill has passed Second Reading in the Senate and was referred to the Special Senate Committee on Certain Government Bills on March 8, 2012. The Committee has begun consideration of a draft agenda.
03/30/2012  Learn more >>>


FATF Revises Recommendations on Combating Terrorist Financing
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 30, March 29, 2012.
03/29/2012  Learn more >>>


Justice for Victims of Terrorism Act Receives Royal Assent
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 29, March 28, 2012.
03/28/2012  Learn more >>>


HLF Decision: Terrorist Financing Victory or Troubling Precedent for Charities?
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 28, February 28, 2012.
02/28/2012  Learn more >>>


Anti-Money Laundering and Anti-Terrorist Financing Consultation Released
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 27, January 24, 2012.
01/24/2012  Learn more >>>


Effect of Anti-Terrorism Laws on Humanitarian Aid Remain A Concern
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 26, December 1, 2011.
12/01/2011  Learn more >>>


Update on Bill C-10: Justice for Victims of Terrorism Act
Charity Law Update – September 2011 reported on the introduction of Bill C-10, An Act to enact the Justice for Victims of Terrorism Act etc., in the House of Commons on September 20, 2011. Since it was last reported, the Bill was referred to the Standing Committee on Justice and Human Rights (JUST) to conduct a study and present a report to the House. After many meetings, the Committee adopted Report 2 on November 23, 2011, and presented their report to the House on November 24, 2011.The Committee made amendments to the Bill, however, of particular importance are the amendments to Part I which includes reforms to deter terrorism by amending the State Immunity Act. One of the amendments extends the court’s jurisdiction to hear and determine actions by plaintiffs that are Canadian citizens or permanent residents of Canada, as opposed to the previous version which limited the court’s jurisdiction to actions that have a real and substantial connection to Canada. Another amendment extends the cause of action to be presumed if the act or omission was committed in certain circumstances related to terrorist activities. The House will now proceed to the consideration of Bill C-10 as reported with amendments from the Committee.
12/01/2011  Learn more >>>


Charities and the Anti-Terrorism Financing/Money Laundering Regime
was presented by Terrance S. Carter at the Osgoode Hall Law School CLE Program Legal and Risk Management for Charities and NPOs on October 6, 2011. PDF HANDOUT Paper
10/06/2011  Learn more >>>


Patriot Act/Holder Decision: Continued Concerns for Canadian Charities
By Nancy E. Claridge and Terrance S. Carter. Anti-Terrorism and Charity Law Alert No. 25, August 19, 2011.
08/19/2011  Learn more >>>


Interim Report of the Special Senate Committee on Anti-Terrorism Is Released
By Terrance S. Carter and Nancy E. Claridge. Anti-Terrorism and Charity Law Alert No. 24, May 26, 2011.
05/26/2011  Learn more >>>


Ontario Court of Appeal Restores Motive Requirement in Definition of Terrorist Activity by Nancy E. Claridge and Terrance S. Carter
Anti-Terrorism and Charity Law Alert No.23
01/27/2011  Learn more >>>


Combating Terrorism Act passes Second Reading in the House of Commons by Terrance S. Carter
On September 22, 2010 Bill C-17, also known as the Combating Terrorism Act, received its second reading in the House of Commons and has now passed through to the committee stage. Bill C-17, which was first introduced and received first reading on April 23, 2010 proposes to reintroduce Criminal Code provisions relating to investigative hearings and recognizance with conditions that first came into force with Bill C-36, the Anti-Terrorism Act, in December 2001. However, the Anti-Terrorism Act contained a "sunset clause" under which the provisions were set to expire on March 1, 2007 unless extended by a resolution passed by both houses of Parliament. A government motion to extend the measures for three years was defeated in the House of Commons on February 27, 2007, and as such, the provisions ceased to have any force or effect. Similarly, Bill C-17 contains a sunset clause, which provides that the reenacted provisions will cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of Bill C-17, unless both houses of Parliament resolve to extend the provisions. One of the mechanisms which Bill C-17 proposes to re-enact is "investigative hearings", the ability to compel individuals who may have information about a terrorism offence to attend before a judge for an investigative hearing, failing which that person can be arrested. Additionally, Bill C-17 proposes to re-enact "preventative detention", by which a peace officer, with the consent of the Attorney General, would have the ability to present information before a judge if he or she believes that a terrorist act will be carried out and suspects that the imposition of a recognizance with conditions or the arrest of a person is required to prevent it. Whether or not Bill C-17 will be passed into law remains to be seen. However, the Bill signals a trend by the Federal Government to revert back to the more draconian provisions originally contained in the Anti-Terrorism Act when it was first introduced shortly after 9/11. Bill C-17 is available on the Parliament of Canada website at: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4460308&file=4. A review of Bill C-36, the Anti-Terrorism Act, is available at: http://www.carters.ca/pub/alert/ATCLA/atcla07.pdf and http://www.carters.ca/pub/bulletin/charity/2002/chylb12.htm
11/02/2010  Learn more >>>


The Impact of Anti-terrorism Legislation on Charities was presented by Terrance S. Carter
University of Ottawa
10/18/2010  Learn more >>>


Anti-Terrorism Law: What Christian Charities Need to Know was presented by Terrance S. Carter
CCCC 2010 Annual Conference held at the Victoria Inn Hotel & Convention Centre, Winnipeg, Manitoba
09/29/2010  Learn more >>>


Air India Report Examines Role of Charities in Terrorist Financing by Terrance S. Carter, Nancy E. Claridge and Sean S. Carter
Anti-Terrorism and Charity Law Alert No.22
07/29/2010  Learn more >>>


Overview of the Air India Report Concerning Terrorist Financing by Terrance S. Carter and Nancy E. Claridge
Anti-Terrorism and Charity Law Alert No.21
06/24/2010  Learn more >>>


Air India Report Warns Against Hindering the Work of "Honest Charities"
On June 17, 2010 the Final Air India Report was released. The link to the full report is http://www.majorcomm.ca/en/reports/finalreport/. The Report's Volume 5 on Terrorist Financing will be of particular interest to charities. Several of the recommendations contained in Volume 5 are encouraging for charities, specifically the following: "It is essential that measures to defeat the use of charities or NPOs for TF [terrorist financing] not unnecessarily impede the valuable activities of legitimate organizations. Any new guidelines or best practices that the CRA may contemplate to help it address TF in the charitable sector should be developed in close cooperation with the charitable sector. The work of honest charities should not be hindered because of unrealistic guidelines or best practices."
06/17/2010  Learn more >>>


Man Convicted in First Terrorism Financing Case by Sean S. Carter
On May 14, 2010, the first man to be charged under Canada's anti-terrorism financing legislation was convicted and sentenced to six months in jail. Prapaharan Thambithurai was charged with committing an offence under section 83.03(b) of the Criminal Code, which makes it an offence to provide or make available property or services for terrorist purposes. After being convicted, the prosecution asked for two years in prison, while the defence asked for a three-year suspended sentence. Justice Powers of the British Columbia Supreme Court sentenced Mr. Thambithurai to six months in jail, a decision that has sparked significant commentary in several major Canadian newspapers. Mr. Thambithurai pled guilty to raising funds for the World Tamil Movement ("WTM"). The WTM was the first Canadian non-profit organization to be added as a listed entity under section 83.05 of the Criminal Code. The WTM, which describes itself as an ethno-cultural community association engaged in humanitarian work, is alleged to have raised funds for the Liberation Tigers of Tamil Eelam ("LTTE"). The LTTE itself was added as a listed entity in April 2006. The designation of the WTM as a listed entity came shortly after Mr. Thambithurai was arrested and charged. The provisions in section 83 of the Criminal Code are in existence due to the Anti-Terrorism Act ("the ATA"), which received Royal Assent on December 18, 2001, as Bill C-36. The powers contained in the ATA have been highly debated, often due to the alleged incompatibility of those powers with the rights contained in the Canadian Charter of Rights and Freedoms. The outcome of this case will be precedential with regard to subsequent terrorist financing prosecutions under the Criminal Code. Charities and their boards and staff are not immune from the ATA and, in fact, are particularly vulnerable to its provisions when the charity is working in "areas of conflict" susceptible to terrorist activities. The text of the Anti-Terrorism Act can be located on the Parliament of Canada's website at: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E. Organizations which have been categorized as "listed entities" under section 83.05(1) of the Criminal Code can be located online at: http://www.publicsafety.gc.ca/prg/ns/le/cle-eng.aspx
05/27/2010  Learn more >>>


Federal Government Introduces the Combating Terrorism Act in the House of Commons by Terrance S. Carter
On April 23, 2010, Bill C-17, also known as the Combating Terrorism Act, received its first reading in the House of Commons. Bill C-17 proposes to reintroduce Criminal Code provisions relating to investigative hearings and recognizance with conditions that first came into force with Bill C-36, the Anti-Terrorism Act, in December 2001. However, the Anti-Terrorism Act contained a "sunset clause" under which the provisions were set to expire on March 1, 2007 unless extended by a resolution passed by both houses of Parliament. A government motion to extend the measures for three years was defeated in the House of Commons on February 27, 2007, and as such, the provisions ceased to have any force or effect. Similarly, Bill C-17 contains a sunset clause, which provides that the reenacted provisions will cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of Bill C-17, unless both houses of Parliament resolve to extend the provisions. One of the mechanisms which Bill C-17 proposes to re-enact is "investigative hearings", the ability to compel individuals who may have information about a terrorism offence to attend before a judge for an investigative hearing, failing which that person can be arrested. Additionally, Bill C-17 proposes to re-enact "preventative detention", by which a peace officer, with the consent of the Attorney General, would have the ability to present information before a judge if he or she believes that a terrorist act will be carried out and suspects that the imposition of a recognizance with conditions or the arrest of a person is required to prevent it. Whether or not Bill C-17 will be passed into law remains to be seen. However, the introduction of Bill C-17 signals a trend by the Federal Government to revert back to the more draconian provisions originally contained in the Anti-Terrorism Act when it was first introduced shortly after 9/11.Bill C-17 is available on the Parliament of Canada website at: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4460308&file=4. A review of Bill C-36, the Anti-Terrorism Act, is available at: http://www.carters.ca/pub/alert/ATCLA/atcla07.pdf and http://www.carters.ca/pub/bulletin/charity/2002/chylb12.htm
05/27/2010  Learn more >>>


Provisions of Patriot Act Permitting Access to Personal Information Records in the United States Extended by Terrance S. Carter
On February 26, 2010, the House of Representatives in the United States voted in favour of a bill extending certain provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act"), which had been due to expire on February 28, 2010. These provisions relate to the ability of U.S. authorities, such as the FBI, to obtain court-approved roving wiretaps, allow court-approved seizure of records and property in anti-terrorism operations and permit the surveillance of non-U.S. citizens engaged in terrorism that may not be part of a recognized terrorist group. Under section 215 of the Patriot Act, the FBI can obtain court orders to access personal information held in the U.S. or within the control of a U.S. entity without the consent of the individual. This means that Canadian charitable and non-profit organizations must take into consideration the risk that if databases of personal information such as donor lists were transferred into the U.S. jurisdiction, they could lose control of this information under compulsion from U.S. authorities. For more information in this regard, see Charity Law Bulletin No. 128 entitled "Canadian Privacy Legislation Requires Consent; U.S. Anti-Terrorism Legislation Takes Away Consent" available at http://www.carters.ca/pub/bulletin/charity/2007/chylb128.htm. With the extension of these provisions for an additional year, Canadian charities must continue to exercise caution and disclose to individuals that their personal information could be subject to the Patriot Act, in order to permit the individuals to make an informed decision concerning whether or not they wish to permit the organization to collect, use and disclose their personal information. For more information see an article written by Washington based Charity and Security Network a collaboration of charities, grant-makers and advocacy groups, online at: http://www.charityandsecurity.org
03/30/2010  Learn more >>>


Somalia Militant Group is Latest Addition to Canada's "Listed Entities" by Sean S. Carter
On March 5, 2010, Al-Shabab, a militant group primarily based in Somalia and East Africa, was added to the roll of the "Listed Entities" established under section 85.05 of the Criminal Code. The Listed Entities are a group of forty-two organizations deemed by the Minister of Public Safety to have been associated with or facilitated terrorist activities. Once a group is designated as a listed entity, the assets of that entity can be frozen and are subject to forfeiture. In addition, it is a criminal offence to: directly or indirectly deal with any property of a listed entity; facilitate transactions dealing with the property of that entity; or, provide any financial services regarding such property. Given the broad definition of the "facilitation" of terrorist activities under the Criminal Code, charities and NGOs, particularly those that work in or in any way support operations in conflict areas abroad, need to be aware not only of the expanding roll of Listed Entities under the Criminal Code, but also of the hundreds of organizations and approximately four hundred and fifty individuals listed under the United Nations Suppression of Terrorism Regulations pursuant to the United Nations Act. The last group to be named as a listed entity under the Criminal Code before Al-Shabab was the World Tamil Movement on June 13, 2008. The World Tamil Movement was also the first Canadian non-profit organization to be designated as a listed entity. For more information regarding the process of designating organizations as listed entities and other related issues, please see Anti-Terrorism and Charity Law Alert No. 15 available at http://www.carters.ca/pub/alert/ATCLA/ATCLA15.pdf
03/30/2010  Learn more >>>


Federal Court of Australia Aid/Watch decision by Terrance S. Carter
On September 23, 2009, the Federal Court of Australia decision Commissioner of Taxation v. Aid/Watch Incorporated caused the charitable sector in Australia to have significant concerns for charities involved in activist campaigning. The decision concerned the charitable status of Aid/Watch, which monitored, researched and campaigned for the delivery of effective Australian and multinational aid. Aid/Watch had been advised on October 2, 2006, that its status as a charity relative to the applicable legislation had been revoked. Although successful before the Administrative Appeals Tribunal, which had restored Aid/Watch's charitable status, the Federal Court subsequently ruled the main purpose of the charity was political because the "natural and probably" consequences of their activities would have an effect on public opinion and then on government opinion. The organization's concern with the effectiveness of aid delivery was clearly aimed at the relief of poverty, as well as having an educational element to their research activities, and Aid/Watch never sought to influence the government by direct contact. However, the court found that the prevailing aim of Aid/Watch was to influence government so that the delivery of aid should conform to its own view on how best to distribute it. Aid/Watch had indicated on their website that they have applied to the High Court of Australia to win back their charitable status. The Canada Revenue Agency has similarly revoked charitable status where non-charitable political purposes are more than ancillary to a charity's purposes. As such, it is possible that this decision could prove to be a relevant precedent for consideration either by the CRA or by the courts in Canada. Full decision available online at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2009/128.html CRA policy regarding political activities is available online at: http://www.cra-arc.gc.ca/tx/chrts/plcy/cps/cps-022-eng.html
02/25/2010  Learn more >>>


Charity Commission of England and Wales Releases Compliance Toolkit on Charities and Terrorism by Nancy E. Claridge and Terrance S. Carter
Anti-Terrorism and Charity Law Alert No.20
12/18/2009  Learn more >>>


U.S. Report on the Impact of Terrorism Laws on Charities and How the Work of Charities Can Counter Terror by Terrance S. Carter and Sean S. Carter
Anti-Terrorism and Charity Law Alert No.19
12/17/2009  Learn more >>>


OECD Report Suggests That Canada's Charities Are Vulnerable to Abuse by Terrance S. Carter and Sean S. Carter
Anti-Terrorism and Charity Law Alert No.18
07/29/2009  Learn more >>>


CRA's New Anti-Terrorism Checklist -A Step in the Right Direction by Terrance S. Carter and Nancy E. Claridge
Anti-Terrorism and Charity Law Alert No.17
04/29/2009  Learn more >>>


Animal Rights Activist Added to the FBI's "Most Wanted Terrorists List" by Terrance S. Carter and Sean S. Carter, articling student, Fasken Martineau DuMoulin LLP
On April 21, 2009, the Federal Bureau of Investigation ("FBI") added Daniel Andreas San Diego to the FBI's "Most Wanted Terrorists List," describing Mr. San Diego as an "animal rights extremist." This marks the first time that a purported "domestic terrorist" has been added to the FBI list, which is primarily populated by those associated with the attacks of September 2001 and Al-Qaeda. Mr. San Diego is accused of being involved with bombings that resulted in property damage to several office buildings and laboratories in the United States. The FBI's recent action reaffirms the sweeping scope of anti-terrorism laws and enforcement actions in the United States, particularly with respect to the potential application to groups and individuals with a wide variety of religious, political and ideological affiliations. Even in Canada, it is evident in the Criminal Code definition of "terrorist activity" and from several years of law enforcement actions that the application of anti-terrorism laws is not restricted to individuals with a particular religious or political affiliation. Canada's anti-terrorism laws potentially encompass individuals or groups associated with a wide variety of ideological issues, including animal rights and environmental protection. Charities need to be aware of the scope of potential application of these laws when assessing their operations to avoid inadvertent contravention of anti-terrorism laws, particularly when reviewing associations with, or support of, other domestic and international organizations. For more information regarding the application of Canada's anti-terrorism laws to individuals and groups associated with animal rights and environmental issues, please see Anti-terrorism and Charity Law Alert No. 1, available at http://www.carters.ca/pub/alert/ATCLA/atcla01.pdf
04/29/2009  Learn more >>>


OECD Report Suggests that Canada's Charities Are Vulnerable to Abuse by Terrance S. Carter, B.A., LL.B., and Sean S. Carter, B.A., LL.B
On February 24, 2009, the Organisation for Economic Co-operation and Development ("OECD") released the "Report on Abuse of Charities for Money-Laundering and Tax Evasion" (the "Report"). The Report is a survey of the status of charities in 19 countries, the common methods of the "abuse of charities" regarding tax fraud, and the detection strategies that different countries have adopted to combat the misuse of charities. In comparison with other countries surveyed in the Report, Canada stands out as an example of a jurisdiction where charities are particularly vulnerable to abuse by fraudulent tax and money laundering schemes. The Report is directed at advising national tax regulators of potential weaknesses in the regulation of charities by comparing different anti-tax fraud and money laundering regimes from different countries and assessing their relative effectiveness. Though the Report addresses the misuse of charities for fraudulent and illegal ends generally, it does not provide a substantive review or comparison of anti-terrorism measures and their potential application to charities. The Report notes that "the abuse of charities is becoming more organized and more sophisticated" and consequently charities should be aware of the increasing international pressure on national governmental agencies to more effectively regulate the charitable sector to prevent tax fraud and money laundering.
03/27/2009  Learn more >>>


Due Process and Anti-Terrorism Initiatives Worldwide - Recent Developments by Terrance S. Carter and Nancy E. Claridge, assisted by Sean S. Carter
Anti-terrorism and Charity Law Alert No.16
02/26/2009  Learn more >>>


Terrorism Concerns Cited as Reason for Denial of Charitable Status by Terrance S. Carter, B.A., LL.B., and Sean S. Carter, B.A., LL.B
An example of an applicant for charitable status being denied due primarily to terrorism concerns has recently come to light as a result of a front page National Post article dated November 20, 2008. The Tamil Rehabilitation Organization (Canada) (TRO) was denied charitable status in June 2006 by Canada Revenue Agency (CRA) in part because of plans to carry out humanitarian operations in parts of Sri Lanka an area of conflict under the control of the Liberation Tigers of Tamil Eelam (LTTE), a group listed under the United Nations Suppression of Terrorism Regulations (UNSTR) and the List of Entities under ss. 83.05(1) of the Criminal Code. Though CRA noted efforts by the TRO to distance itself from organizations believed to have direct ties with the LTTE, CRA indicated that it believed that the TRO stills acts as part of a network supporting the operations of the LTTE. In its reasons for denying charitable status to the TRO, CRA stated that it believed that the TROs resources may end up in the hands of the LTTE or organizations controlled by it. This belief, if founded, would be the basis of terrorism financing or facilitation charges under the Criminal Code, asset freezing and forfeiture under the UNSTR and other legislation, or the controversial certificate process under the Charities Registration (Security Information) Act. This situation highlights both the continuing prominence that anti-terrorism concerns have in the oversight of registered charities in Canada and provides insight into how Canadas anti-terrorism regime is being implemented.
11/29/2008  Learn more >>>


Recent Convictions Under Canada's Anti-Terrorism Laws by Pamela Shin, B.A., LL.B., and Sean S. Carter, B.A., LL.B
On September 25, 2008, the Ontario Superior Court of Justice, in R. v. Y.(N.), 2008 WL 4573200 (Ont. S.C.J.), 2008 Carswell Ont 5964, delivered a verdict convicting an unnamed accused (N.Y.) of being involved with terrorist activities contrary to Canada's anti-terrorism provisions adopted in 2001. N.Y. was arrested on June 3, 2006, along with 14 adults and three youths. N.Y. was charged with knowingly participating in or contributing to the activity of a terrorist group between March 1, 2005 and June 2, 2006, contrary to section 83.18 of the Criminal Code. In addition, on October 29, 2008, Justice Rutherford of the Ontario Superior Court of Justice convicted Mohammad Momin Khawaja of breaching several anti-terrorism provisions of the Criminal Code. Mr. Khawaja previously challenged and had struck down a portion of the definition of "terrorist activity" in the Criminal Code. For further information on this case, see Anti-terrorism and Charity Alert No. 11. A summary of these recent convictions and their significance for charities and not-for-profit organizations will be discussed in a forthcoming Anti-Terrorism and Charity Law Alert.
09/27/2008  Learn more >>>


Human Rights Regime Change in Ontario: What Charities Should Know by Terrance S. Carter, assisted by Pamela Shin
Charity Law Bulletin No.144
09/25/2008  Learn more >>>


Recent Report on How the "War on Terror" Hurts Charities and the People They Serve by Terrance S. Carter and Sean S. Carter
On July 14, 2008, two prominent non-governmental organizations released a report on the impact of the "war on terror" on the U.S. non-profit community. The report, entitled "Collateral Damage: How the War on Terror Hurts Charities, Foundations, and the People They Serve", is a joint project of OMB Watch and Grantmakers Without Borders. The report finds that the U.S. government views non-profit organizations as potential "conduits for terrorist funding and a breeding ground for aggressive dissent." The report also indicates that the U.S. non-profit community "operates in fear of what may spark [the U.S. government] to use its power to shut them down." The report details examples of the struggles facing non-profits in the U.S. in the face of compliance with anti-terrorism laws, especially those operating internationally. These compliance issues have forced non-profits to withdraw from programs overseas and be put in situations where they would have to violate the standards of neutrality in humanitarian work in order to comply with U.S. laws and regulations. Canadian non-profit organizations and charities need to take careful note of the U.S. regulatory and enforcement regimes, especially those that have programs, affiliates or transfer money outside of Canada. The unprecedented international information sharing regime that have been put in place since 2001 means that suspicions and allegations from foreign governments can have serious consequences for non-profits and charities based in Canada. In addition, U.S. terrorist financing policies that target non-profit organizations are often adopted as the international standard in the area and end up being the benchmark for Canadian regulation and enforcement. For further information concerning the impact of U.S. policy on Canadian charities and non-profit organizations, see Anti-Terrorism and Charity Law Alert No.5
07/31/2008  Learn more >>>


The Law Society's New "Know Your Client" Requirements Approved as Part of Anti-Terrorism Initiative by Terrance S. Carter, assisted by Sean S. Carter
The Law Society of Upper Canada's governing board approved amendments to By-Law 7.1 [Operational Obligations and Responsibilities] on April 24, 2008, to establish client identification and verification regulations for Ontario's lawyers in relation to the anti-terrorism initiative of the federal government. These amendments, effective October 31, 2008, require lawyers to identify and verify the identity of clients in certain circumstances. The client identification requirements stipulate that lawyers, once they are retained by their client, must obtain certain basic information, such as the client's name, address, telephone number and occupation. Additional information for the identification of organizational clients is required. The more rigorous client verification requirements will be triggered when a lawyer receives, pays or transfers funds on behalf of a client when the funds are not paid to a lawyer by a financial institution, public body or company, or received from the trust account of another lawyer. The type of documentation required to verify the identity of a client in this situation includes a driver's license, birth certificate or passport for an individual client and articles of incorporation or a partnership agreement for an organizational client. The amendments also require legal counsel to keep a record of the information and documents obtained, which would be available to the Law Society to ensure compliance. These amendments have been adopted in the shadow of more onerous and controversial client identification and record keeping requirements that will encompass the legal profession that were issued as draft regulations in June 2007 by the Minister of Finance as part of the federal government initiative to fight terrorism. These regulations are set to come into force in December 2008, and will impact those lawyers who might, on occasion, be asked by a charity to assist in transferring monies received from the charity as cash through means of the lawyer's trust account to another organization. For further information about the draft regulations, see Anti-Terrorism and Charity Law Alert No.14
07/31/2008  Learn more >>>


First Canadian Non-Profit Added To Terrorism List by Terrance S. Carter and Sean S. Carter
Anti-Terrorism and Charity Law Alert No.15
06/25/2008  Learn more >>>


Canadian Privacy Legislation Requires Consent: U.S. Anti-Terrorism Legislation Takes Away Consent by U. Shen Goh
Canadian Privacy Law Review, Volume 5 No. 7
06/07/2008  Learn more >>>


Canadian Fundraiser eNews
included a link to a paper presented by Terrance S. Carter at the University of Iowa Provost's Forum on International Affairs entitled "The Impact of Anti-terrorism Legislation on Charities in Canada: The Need for Balance."
04/30/2008  Learn more >>>


University of Iowa Provost's Forum on International Affairs
was held on the campus of the University of Iowa in Iowa City, and included a presentation by Terrance S. Carter on "The Impact of Anti-terrorism Legislation On Charities in Canada: The Need For Balance."
04/19/2008  Learn more >>>


First Charge Laid Under Canada's Anti-Terrorism Financing Regime
The first person in Canada to be charged under Canada's anti-terrorism financing laws was arrested in New Westminster, British Columbia. The accused, a Toronto area resident, has been charged with committing an offence under section 83.03(b) of the Criminal Code, the section that makes it an offence to provide, or make available property or services for terrorist purposes. It is alleged that the accused solicited donations in British Columbia for the World Tamil Movement (WTM), a humanitarian organization, which the police claim is the leading Liberation Tigers of Tamil Eelam ("LTTE") front organization in Canada. The Canadian government in 2006 designated the LTTE as a 'listed entity' under the amendments to the Criminal Code brought about by the Anti-terrorism Act in late 2001. This case represents the first time formal charges have been laid under Canada's sweeping and controversial anti-terrorism financing regime. This case will merit careful attention from charities and not-for-profits, as it highlights the need to take seriously the impact of anti-terrorism financing laws on fundraising and operational procedures.
03/04/2008  Learn more >>>

Carters/Fasken Martineau Healthcare Philanthropy: Check-Up 2014