Mr. Speaker, with regard to part (a), the list of state supporters of terrorism is not provided for under section 83.05 of the Criminal Code but is pursuant to section 6.1 of the State Immunity Act.
Section 83.05 of the Criminal Code provides for the Governor in Council, GIC, on the recommendation of the Minister of Public Safety to establish a list of terrorist entities.
Under the Criminal Code, “entity” means a person, group, trust, partnership, fund or an unincorporated association or organization.
In order to be listed, the GIC must be satisfied that there are reasonable grounds to believe that “[s. 83.05(1)(a)] the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity”; or “[s. 83.05(1)(b)] the entity has knowingly acted on behalf of, at the direction of or in association with, an entity” involved in a terrorist activity.
Determining whether to designate an entity is based on information, intelligence and legal analysis. It involves cross-government consultations and the preparation of security or criminal intelligence reports, which are independently assessed by the Department of Justice to ascertain whether an entity meets any of the thresholds for listing as set out in subsection 83.05(1) of the Criminal Code.
With regard to part (b), the list of state supporters of terrorism is not provided for under section 83.05 of the Criminal Code but is pursuant to section 6.1 of the State Immunity Act, which is described in the answer to part (c).
With respect to the list of terrorist entities pursuant to the Criminal Code, the process of adding or removing entities is iterative and ongoing. The Government of Canada does not disclose the specifics of this publicly.
In respect of a foreign state, the “terrorist activity” definition in the State Immunity Act has the same meaning as in subsection 83.01(1) of the Criminal Code, provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985.
With regard to part (c), with respect to the List of State Supporters of Terrorism, created in 2012 pursuant to section 6.1 of the State Immunity Act, the Governor in Council can create a list of states where there are reasonable grounds to believe that a state has provided support to a listed terrorist entity under the Canadian Criminal Code. “Support” is defined in the State Immunity Act as an act or omission in relation to a listed terrorist entity that, had it been committed in Canada, would be punishable under specific counterterrorism provisions of the Criminal Code. As such, upon the recommendation of the Minister of Foreign Affairs in consultation with the Minister of Public Safety, the Governor in Council has the authority to list foreign states that have supported a terrorist entity named pursuant to the Criminal Code. By being placed on this list, states lose their immunity from the jurisdiction of Canadian courts in relation to actions brought against them in connection with their support of terrorism under the Justice for Victims of Terrorism Act.