Canada: List of banned militant and extremist groups

According to a 23 July 2002 press release from the Office of the Solicitor General of Canada, the following groups are "entities knowingly engaged in terrorist activity":

– Groupe islamique armé (Armed Islamic Group, GIA)

– Groupe salafiste pour la prédication et le combat (Salafist Group for Call and Combat, GSPC)

– Al Jihad (AJ) (aka Egyptian Islamic Jihad (EIJ))

– Vanguards of Conquest (VOC)

– Al Qaida

– Al-Gama'a al-Islamiyya (AGAI) (aka Islamic Group (IG))

– Al-Ittihad Al-Islam (AIAI).

CBC News noted that this list constituted the "first time [the Canadian Government] has used Canada's new anti-terrorism law, passed in December, to ban groups" (23 July 2002). The Solicitor General's press release described the legal ramifications for the listed groups as follows:

Any person or group listed may have its assets seized and forfeited. There are severe penalties, including up to ten years imprisonment, for persons and organizations that deal in the property or finances of these listed entities. In addition, it is now a crime to knowingly participate in, contribute to or facilitate the activities of a listed entity.

" ... [W]e are publicly identifying these entities for Canadians and we are telling these entities, and the people that support them, that 'you can't do business here.' We will be adding more entities to the list," said [Solicitor General Lawrence] MacAulay (Canada 23 July 2002).

The press release included a "backgrounder" explaining the process by which groups were listed, which stated the following (italicized text in the original):

On December 18, 2001, Bill C-36, the Anti-Terrorism Act, received Royal Assent. Among other things, the legislation creates measures to take enforcement action against those responsible for terrorist activities. It also provides law enforcement and national security agencies with new investigative tools. Finally, it ensures that Canadian values of respect and fairness are preserved while the root causes of hatred are addressed through stronger laws against hate crimes and propaganda. The new Act strengthens the Government of Canada's ability to meet the extraordinary challenges that terrorism poses.

The Anti-Terrorism Act is one component of the Government of Canada's larger Anti-Terrorism Plan. One integral part of the Anti-Terrorism Act is the Government's ability to create a list of entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Solicitor General of Canada, establish a list of entities if the Governor in Council is satisfied that there are reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or is knowingly acting on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity.

The definition of an entity includes a person, group, trust, partnership or fund, or an unincorporated association or organization.

The listing of an entity is a very public means of identifying a group or individual as being associated with terrorism.

It is not a crime to be listed. However, one of the consequences of being listed is that the entity's property can be the subject of seizure/restraint and/or forfeiture. In addition, institutions such as banks, brokerages, etc. are subject to reporting requirements with respect to an entity's property and must not allow those entities to access the property nor may these institutions deal or otherwise dispose of the property.

The legislation also makes it an offence to knowingly participate in or contribute to, directly or indirectly, any activity of a terrorist group. This participation is only an offence if its purpose is to enhance the ability of any terrorist group to facilitate or carry out a terrorist activity.

This is how the listing process works:

– The new legislation provides for the Governor in Council to establish by regulation a list on which the Governor in Council may place any entity, on the recommendation of the Solicitor General of Canada.

– The process of listing begins with criminal and/or security intelligence reports on an entity disclosing the reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or the entity is knowingly acting on behalf of, at the direction of or in association with an entity involved in a terrorist activity.

– The criminal and/or security intelligence reports are submitted to the Solicitor General for consideration. If the Minister has reasonable grounds to believe that the above test is met, the Solicitor General may make a recommendation to the Governor in Council to place the entity on the list.

– If the Governor in Council is satisfied that there are reasonable grounds to believe that the above test has been met, the entity may be placed on the list of entities. The listing of an entity is published in The Canada Gazette.

– The decision to place an entity on the list is also posted publicly on the website of the Solicitor General of Canada (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Canada. Solicitor General. 23 July 2002. "Federal Solicitor General Lawrence MacAulay Announces Further Action Against Terrorism." [Accessed 23 July 2002]

Canadian Broadcasting Corporation (CBC) News. 23 July 2002. "Ottawa Declares Seven Islamic Groups Terrorist Organizations." [Accessed 23 July 2002]

Additional Sources Consulted

CTV News

The Globe and Mail

Montreal Gazette

The National Post

Toronto Star