The Anti-terrorism Act

K. DRAFTING AND TECHNICAL RECOMMENDATIONS

The Subcommittee also recommended a number of technical and drafting changes throughout the ATA. The use of language and specific constructions in Canadian statutes is a technical matter and the Government is concerned that changes to terminology or structure in one provision could have the unintended consequence of affecting the judicial interpretation of others. For example, changes to the structure of the definition of “terrorism offence” might have an effect on interpretation of the definition of “criminal organization offence”, which has a parallel structure. In some cases, provisions which implement international legal obligations may depart from Canadian drafting practice in order to incorporate language or structure which reflects the international legal instruments concerned, thereby ensuring that Canada will be seen to be in conformity with those instruments. The Government has referred to the legislative drafters the recommendations which suggest drafting changes, technical changes or specific formulations and their advice will be reflected in any future amendments to the legislation.   

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Updated to April 1, 2008.