Meagan Potier

Author: Meagan Potier

Meagan Potier is a 2018 Juris Doctor candidate at the University of Calgary. Prior to law school, she attended McGill University and obtained a degree in Western Religious Traditions and Political Science (Honours). Meagan is the Program Coordinator for Pro Bono Students Canada at the University of Calgary and volunteers at the university's legal clinic, Student Legal Assistance. She also works as a research assistant to Dr. Michael J. Nesbitt focusing on national security and terrorism.

By: Meagan Potier, Bassam Saifeddine, and Chad Haggerty

PDF Version: What’s In A List? Examining Canadian Terrorist Listing

Policy Commented On: Terrorist listing pursuant to section 83.05 of the Criminal Code of Canada

In 2001, Canada enshrined into law a public-facing list of terrorist entities as a part of the Criminal Code, RSC 1985, c C-46. In theory, this list is meant to simplify one aspect of Canada’s exceedingly complex terrorism prosecutions. In practice, the listed entities have only been relied on in Canadian criminal proceedings six times. More often than not, the listed entities are referenced during Immigration and Refugee Board decisions. This post provides a brief review of how the list is used within Canada, and then looks to Australia, the United Kingdom and New Zealand as case studies for best-practices of listing and delisting. Finally, we recommend that the federal government should evaluate the procedural safeguards within the listing process and the continued use of the listed entitles within the immigration context.

By: Kiran Fatima, Meagan Potier, Jordan Szoo and Stephen Armstrong

PDF Version: Curtailing Free Expression: A Barbaric Cultural Practice? A Critical Comment on Section 83.221 of the Criminal Code

Provision Commented On: Section 83.221 of the Criminal Code, RSC 1985, c C-46

Bill C-51, the Anti-terrorism Act, 2015, sailed through Parliament and received Royal Assent on the 18th of June, 2015, amidst much political debate. One of the more controversial provisions was a new advocating terrorism offence contained in what is now s 83.221 of the Criminal Code, RSC 1985, c C-46. The provision criminalizes knowingly advocating the commission of terrorism offences in general and being reckless as to whether such offences are actually carried out. This post will address the political dynamics and constitutional issues with respect to the new advocating offence and make suggestions for how the Government of Canada should move forward.

Interestingly, our group was divided on the best approach to addressing the issues with respect to the provision. Meagan and Jordan were in favour of repeal, whereas Stephen and Kiran favoured amending the provision. We present the case for both repeal and amendment below and leave it to the reader to reach their own conclusions.

Author: Meagan Potier

What’s In A List? Examining Canadian Terrorist Listing

Curtailing Free Expression: A Barbaric Cultural Practice? A Critical Comment on Section 83.221 of the Criminal Code