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Home : Canada : Terror victims to be able to sue in Canadian courts

Terror victims to be able to sue in Canadian courts

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CTV News Video

CTV News: Jill Macyshon reports on the legislation
CTV Toronto: Michelle Dube with Canada's top political leaders
CTV News Channel: Steven Skurka, legal analyst, on the implications
CTV News Channel: Maureen Basnicki, Canadian Coalition Against Terror

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CTV.ca News Staff

Date: Sun. May. 31 2009 9:16 PM ET

Victims of terrorism will be able to sue perpetrators in Canadian courts under new federal legislation to be introduced by the Harper government this week.

The legislation will allow "victims of terrorism to seek justice against individuals, organizations and foreign states that support terrorism," Prime Minister Harper said Sunday in a speech to the Canadian Jewish Congress in Toronto.

He said it sends a clear message that Canada will hold terrorists "accountable" for their crimes.

Further details will be available when the government introduces the legislation later this week, Harper said.

Families of the Canadian victims of terrorist attacks are applauding the move, after long advocating for terror victims to be able to sue terrorists.

Maureen Basnicki of the Canadian Coalition against Terror knows full well the pain of losing a loved one to terror. Her husband Ken Basnicki was one of the Canadians who died in the 9/11 attacks. He was on the 106th floor of the World Trade Center.

Basnicki told CTV News Channel that the bill will "help to create a proper legacy for my late husband. For all victims of terrorism it gives them a sense of justice," she said, adding "justice is very elusive for us."

Basnicki also said she believed this legislation is going to be an "effective made-in-Canada deterrent for future acts of terrorism."

CTV Legal Analyst Steven Skurka called the proposed legislation a bold new step by the government.

"It sends a loud message internationally about Canada's posture against terrorist acts," Skurka told CTV News Channel.

He likened it to "victim's bill of rights."

Critics, however, say the bill may open up all kinds of legal issues.

Law professor James Morton, who was at the CJC event, wonders how lawsuits involving more than one country would play out.

"If we, for example, allow someone from Israel to sue Syria for some kind of alleged terrorist action," he said, "similarly that means that they're going to have people from Jordan allowed to sue Israel, and people from Iraq allowed to sue the United States."

"Presumably it would be restricted to persons residing in Canada, which is fine" Morton added, "but it opens up lawsuits against nations across the world through the Canadian courts."

With files from The Canadian Press

Comments are now closed for this story

mhz
said
0 0

Welcome to the police state of Canada.


James Daniels
said
0 0

Instead of this, let's just increase the mandatory jail time these terrorists get. The ability to sue, while it makes one "feel good," will garner nothing as most terrorists don't exactly have a stash of legally aquired assets to go after. Of course it's good news for lawyers though. More useless billing bucks for unwinable cases.


Patriot
said
0 0

Good call. Thank you Conservatives. Let all these terrorism organizations know that they will pay if they mess with Canadians. Thank you Steven.


JD
said
0 0

Congrats SH!


realistic Natty, ON
said
0 0

This would be a fantastic initiative if it were accompanied by a Set Standard of What Constitutes TERRORISM.
Legitimacy of any award from those who enjoy Blind Approval is a hair away from a bribe.
Currently Terrorism is what Israel & US says it is with no regard for their own actions. Unfornutate Incident, Regrettable Occurrence, Collatteral Damage & Friendly Fire all inflict no less TERROR than Suicide bombings, and actually kill more innocents.


marge
said
0 0

Does this mean that the taxpayers' will be on the hook for the lawsuits in courts for the victims of terrorism?


DCR-Toronto
said
0 0

I for one am glad to see Prime Minister Harper, receiving this honour.

Finally a government that wants to look out for the victims, in this country. It's just a shame that there isn't a majority Conservative Government to really nail the terrorists, thugs, gangs, and every other piece of garbage. But no, the Liberals and NDP would never think that legislation doing this would be a good idea.

Congratulations Mr. Prime Minister.


CarolynD
said
0 0

Well DOH.. what a bright light. There has been Victims of Crime Compensation for over 25 years now.

Harper again being the opportunist!


Roby-D
said
0 0

If our criminal laws were strong enough - and a life sentance actually meant the rest of your life - then we wouldn't need to pursue closure through the civil court system.


Guy Smiley
said
0 0

Pure PR and from the Conservatives.

We already have this law. Victims of any crime can sue for damages.

It's also provincial jurisdiction. It's a civil matter. The federal government doesn't have a say in this.


Scotian
said
0 0

Looks like the Liberal on here decided to come out and once again voice their asinine opinions on Prime Minister Harper. Harper could save a family from a burning house and you would all be writing typical Harper did not help the house.


HH in Halifax
said
0 0

To realistic Natty:

I think its fair to say that the difference between terrorists and the US or any other country for that matter is that they target innocents. That means people like you and me. At least Isreal and the US have real targets... and not school busses.


MHB
said
0 0

Three years ago, when Isreal bombed a well marked UN post killing a Canadian soldier, PM Harper did not condemn the killing of this Canadian soldier but rather he only spoke in defence of Israel!. Since then, PM Harper has shown an exceptional service to the state of Israel giving no regard to Canada's reputation or interests. This is why he definitely deserves the ridiculous human rights award he was presented today by the CJC. This latest law was simply requested by the CJC to enable them to sue the oil-rich countries whenever there is an attack!. One question though is whether the oppressed Palestinians can sue Israeli war criminals in our courts?. The answer is definitely a big NO!.

Ontario Taxpayer
said
0 0

Scotian..you have hit the nail upon the proverbial head. Making it federal jurisdiction, allows ordinary citizens to sue foreign states that sponsor terrorism. The Victims of Crime Compensation is only valid in Canada against criminals from Canada. Do the research people before you spout off!

Well done Mr, Prime Minister!!


sad day to be a canadian
said
0 0

hahahahahaha

another joke coming out of harpers regime! really, anyone who applaudes this is not a patriot, they are believers in a police state and i feel sorry for this country as it spirals further and further in to a pit dug out by warmongers! take a good look at isreal and it's practices against the palestinian people and ask yourself if this is an honour worth receiving? if this is a path worth taking? i once was proud of canada's road that was lined with peacekeepers and those who believed that making war was second to using words to resolve situations.

peter in bc
said
0 0

When fortune doesn't go his way in the polls, he throws something like this into the mix to brighten his image. The attack ads, the bickering and the poor record in office will be his lasting legacy. I've never seen someone so desperate to hold on to power but I do give credit to him. As annoying as he is a PM, he plays the game without regard to the damage he does to his own image by running all these attack ads. Pulling out the "victims can now seek justice against terrorists" is nothing new. Just a rewording of an old law to give himself a gold star in the polls. Good luck Harper, a majority will never happen for you.


Nita
said
0 0

I can't believe how Harper does things that are already in place and people are jumping up and down and saying "Isn't he wonderful!"

Going after people who have nothing will give you what??? Nothing.. Thanks for nothing, Stevie

Geoffrey Thompson
said
0 0

Can we sue Harper for his acts of treason against the Canadian people? Don't believe me? See the Security and Prosperity Partnership, people.


Bee
said
0 0

I won't be surprised if calling your neighbor a "knucklehead" will be considered "terrorism" under this act. I'll bet it's the "small" details of this bill that will be most interesting.

It seems these days we are left with the choice of either socialism (liberals/ndp/green) or fascism (Conservatives). Wake up, people.


Herb
said
0 0

This man is ludicrous. I will be most interested to see how terrorists are distinguished from "freedom fighters." We know Stephen Harper's opinion, but that won't stand up to logic in court.


JCritty
said
0 0

Peter in BC is absolutely correct.

Canadians will never trust Harper's conservatives with a majority government while they run attack ads year round aiming to divide the Canadian population.

This new law, while certainly not bad by any stretch of the imagination, won't make him look like a good guy.

I do however question the award! What specifically has Harper done to advance the humanitarian cause of anyone?! Surely there are volunteers, Rabbis, mothers, sons, fathers out there contributing far more to the Jewish community than Stephen Harper. Yikes...


sandra
said
0 0

I dont know about everybody else, but I would sure hate to be the poor bike courier that has to go all to way to some hut in the mountains of afghanistan, or wherever to serve those those court papers.


Michael
said
0 0

Just more politics and optics from the master of misrepresentation, Stevo Harper. Who decides what constitutes a terrorist or terrorist act? Does this mean we can sue Bush for the illegal invasion of a sovereign nation or torture? What a load of crap.


Dan
said
0 0

Some think poice state others following the email to Kudos the news for Harper... kind of funny.

This is the same stuff the US introduced a long time ago. Rebrand and try for points as you swirl the bowl.




my take on this
said
0 0

I think if Canadians can come to terms with the killing of millions of animals each year for food we should consider killing murderers (animals) that kill innocent people.


would be suicide bombers, take note!
said
0 0

It's a good thing this law went through, what with terror attacks hitting Canada on practically a daily basis.

Plus, once terrorists realize they might be sued, they might think twice about it.


Marco, Newmarket
said
0 0

It's about time we had a government that cared about the victims and takes a get tough in crime stance. There is a long way to go but at least Harper is the 1st one in a long time to get the ball rolling. All we need now is a majority conservative government.

Thanks Harper, keep it up.


Jay, Ottawa
said
0 0

I hope nobody thinks this will ever mean anything. It's just brain candy. Let's say you sue Syria in a Canadian court? Do you think they're going to care? No, we have no jurisdiction.

I think the Conservatives are trying to distract us from their abhorrent handling of the economy by shouting, "hey don't forget about terrorism! remember that!? forget about the economy and live in fear of terrorists instead! oh, and you can sue them or something! get rich or die trying!"

Next up they're going to let us sue the sun if it rains on the weekend.


Saladin
said
0 0

To Sandra: The target of this law is not terrorists. In addition to oil-rich countries, this law will also target any Canadian organization that dares to condemn Israel's brutal actions against the Palestinian population!. I fully agree with the comment that this law may usher the start of a police state in Canada where our freedom of speech will be taken away. Remove Harper from office now before his extreme loyalty to Israel takes us too far!.


James in Toronto
said
0 0

The laws in Canada should be tough, and strong. Why is the opposition not wanting to pass tough laws to fight criminals? The liberals, and the new democratic party should team up with the conservatives to pass many tough laws against criminals. And also to pass laws that makes the judges put criminals in prison. The reason why criminals don't go to jail anymore is because of the opposition parties (the liberals, and the NDP) that don't team up with Stephen Harper. However I think it's good that Mr. Harper will pass a law that will allow victims of crime to sue the criminals. But at the same time criminals should be in jail. Incarceration in a jail cell is the only way to punish evil people.


Adam
said
0 0

This legislation is a joke. Like a terrorist even cares about laws to begin with. This does not improve Harpers image for me. Everything is court action to him.


MJH
said
0 0

FABULOUS! Finally the Conservatives are seeing some light. This should have been done when Conservatives came into power.

Audrey (Whitehorse)
said
0 0

If you can sue a cinema for checking your bag and finding birth control pills (previous story) how is this not a law already?


Kevin
said
0 0

This coming from the man who in December there would be no economic issues......what were we "surprised" with a month later? A situation like that doesnt just come out of the blue. I dont trust this man. He called an election, when his party was all for regulated election dates, and wasted 300 million dollars to gain another minority government. His party is playing attack ads, reminsicent of something a 5 year old would do. Rather than try to build credibility by living up to his platform and being the bigger guy, he'd rather mudsling as distraction from his incompetencies and ineptitudes. I dont believe for a minute this is something he'll follow through with.


B. Lang
said
0 0

My only question on this is who gets to pick who the Terrorist Groups are or will Harper let the Courts get bogged down while they try and figure that out?

JMB
said
0 0

*Geoffrey Thompson*

The SPP was launched in 2005. Who was PM then? Nope, it wasn't Harper. Second guess? Yeah, you guessed it... Paul Martin.

So stop trying to paint Harper as the primary suspect just because the SPP has updated a picture on their website.

Regardless, the SPP (and NAU) isn't about Liberal or Conservative, GOP or Democrat. It doesn't matter which of these parties you "elect" into power because the real power behind all this goes much higher.


George in Calgary
said
0 0

Maybe going after those that commit the crime is not such a bad idea. Certainly when tiny tot terrorists are caught then they should do the time but also mommy and daddy should foot the bill. It is their kid(s) and they, meaning the parents, are legally responsible until the tiny tots are 18. Control your kids. If you broke your neighbours window with a ball when you were a kid did you not have to pay the bill???? I did and a good lesson it was.

Now some say that the criminals have nothing so one sues for - well nothing. Maybe what should be is that if one is convicted of the crime and the victim(s) sue and win that for every dollar awarded or dollar value awarded that the criminal cannot pay is equated to additional time in prison with no parole. So say for each $100,000 awarded the victim(so know that the thug gets an extra year to pick his toenails.

Food for thought - about the concept not the toenail.


mangot
said
0 0

Thank goodness we have someone like PM Stephen Harper to take some logical action to support victims; the forgotten lot in most cases.
Could anyone imagine Chretien supporting anything except himself?


Frank Buchan (Vauxhall, Alberta by way of Ontario)
said
0 0

To mhz: How does anything in this article imply a police state?

And to those who can't fathom this law, my guess is it will be modelled after the ones in a few European states -- where there are mostly Liberal-type governments, for those keeping track.

This is a good bill regardless of who initiates it.


Dianne
said
0 0

Just great, another waste of taxpayers' money & a sure way of tying up the Court system.

This is NOT the U.S.A. & it's high time Stephen Harper realizes that!

Spending tax dollars & clogging the courts is irresponsible! These people will never see a dime!

Stephen Harper had best worry about a boy, Omar Kadhr, who went to Gitmo at 15 years old & is still there. Better brace yourself for that case, Mr. Harper.

The Canadian government will be sued over that one just like the Maher Arar case, which he won & Canadians had to pay!

Put the Legislation on the back burner & enjoy the festivities with Sarkozy on d'obamaha beach, Normandy, France. Juno Beach isn't where the action is afterall. Maybe it'll be a photo-op like your U.S. scheduler for press, Ari Fleischer, advised.


BLE
said
0 0

I can just see those terrorists cringing at the thought of being hauled into the Canadian court system and being made to pay for their unjust actions! I don't have a clue who is going to make them pay, but they must be shaking in their boots. (LOL)


George in Calgary
said
0 0

To Sandra: No worries about the poor bike courier. There are plenty over there now and they are our men and women in uniform and they carry the point right to the offenders.


Nancy: Harpers Balanced approach World Class
said
0 0

Harper is a heavy weight on the World Stage and his call for a balanced approach to the Isreal / Palestian problem is being echoed around the world.


B. Kelley, Ontario
said
0 0

All the statements posted here alleging U.S. and Israeli "terrorism" amaze me. Try dealing in facts instead of parroting the leftist rhetoric spewed out by the liberal crowd. The U.S. and Israel do NOT kill innocent people using suicide bombers, road-side explosives and car bombs or blow up night clubs full of people just trying to live their lives in peace. They DON'T hijack airliners and crash them into buildings killing thousands of people whose only crime was just being there. They DON'T target school buses and schools full of children and they DON'T indiscriminately lob rockets into purely residential areas because they dislike the residents. They DON'T threaten to blow up entire countries and wipe specific groups of people off the face of the earth in the name of their religion. Are they perfect? No, but neither are they terrorists. Before you so glibly throw that term around you ought to know both it's true meaning and who your real enemy is.


LH
said
0 0

So let me get this straight.... victims of terrorists can sue them even if they are in another country but they can't go to the other country to try and get child support!! Nice to see the priorities... NOT!!


Adam & Steve Toronto
said
0 0

Where is the humam rights award for the Liberals who brought the LGBT rights and Gay marrige to the for front in Canada and we are now in a position to say shame shame to the almost the rest of the world.



Scott
said
0 0

And how are these judgments going to be enforced? Is the government of Canada going to send a representative to states like Saudi Arabia and demand payment from those who committed these crimes? Good idea! I hope the person you send isn't too attached to the concept of living.

Just more BS legislation.


Samual
said
0 0

Why waste the time on this?
There has been victims of crime compensation for many many years.
For many years now criminals have had to pay a victims charge.
Harper is just blowing wind again!
Nothing new here


realWestern Canadian
said
0 0

This is just another "pipedream" of Harper and his "superEgo" thinking that this is anything but smoke and mirrors by his failing government. He knows his days are number, and like any dictator, he will say anything to stay and hang onto power. Bush is gone, as the Americans finally saw him for what he was in the end, and Harper knows he is next, as real Canadians have had enough of his lies and continually antics that have divided our nation.


Joshua Wasylciw
said
0 0

While this is a good first step, they should also introduce legislation which would allow us to let 'em (terrorists) swing high 'til the sun goes down too!


Phineas from BC
said
0 0

A good policy, I didnt know we didnt already have such.
Guess what folks, yes it is a good political move, but at least PM Harper did it, that is what counts in the long run. Too bad the Liberals didnt think of this.
Now if a Canadian citizen is killed by terrorists while abroad, at least the families will get something for their suffering. I thought we had this already!


Singh Burnaby, BC Air India victims rejoice
said
0 0

France made Libya pay one Billion dollars for vitims of Swiss Airline they shot down after suing them in Court France said no to lifting an embargo with out them paying the judgement.
The victims of the Air India bombing who lost their babies may see just yet.


Marg MM
said
0 0

Any legislation that goes against terrorism or any other crime, should be seen as a good thing, however not by the "hug a thug" Liberals & NDP.

Those of you saying that "terrorists won't care".Probably not, but remember the gun registration law put in by the Liberals. In that case you are right. No criminal is going to register his gun, therefore the billions spent on the registry is hardly worth it.

Obviously as usual, Liberals speaking out of both sides of their mouths.


Lawyer in Saskatoon
said
0 0

If the opposition parties call for Khadr release will they also defend him if the American widow of the soldier he allegedly killed sues.


jan
said
0 0

Wow, Steve! I guess there isn't anything else out there that deserves your attention, like perhaps the economy? Wish I could hear your enthusiasm for supporting Canadians in tough times. Thanks for nothing.


Richard in Ontario
said
0 0

It's sure not hard to spot the Liberal posters on these sites. Mr Harper could stand on his head and spit wooden nickels and the Left loonies would say they should have been bronzed. Well since we don't see any of Iggy's plans on these sites, and furthermore, I don't think he has any, we'll just have to put up with the oppostion's weak comments.


Raj
said
0 0

Great call, well done PM Harper.We need something like this


charlie
said
0 0

Let's see what the new legislation provides before passing any comments. The (rather predictable, almost Pavlovian) reactions from those who don't have any idea what is being proposed are ludicrous.

Dunny from Manotick
said
0 0

Nobody is all bad or all good and nobody makes all good decisions or all bad decisions except perhaps those that are so seething with hatred for Stephen Harper. No matter what our government does they can't see any good to the point that they put the interests of terrorists above those of fellow Canadians. It's sad and reminds me of mental illness more than anything else.


Red X
said
0 0

So the state Terrorism inflicted on the people would be okay?
You know I wouldn't be surprised if the lawyers on both sides would be of a certain legal background.


Allan Eizinas
said
0 0

First, our system will have to define the term “terrorism”.

I still believe that “terrorism” is the process of instilling terror into a population to attain an end. Those two bombs in Hiroshima and Nagasaki worked – the Japanese surrendered unconditionally. As to the moral, ethical or military reasons for dropping those bombs, I will leave that to the various revisionists who continue to try to rewrite our past.

One might argue the “barbarianism” and/or “evil” is required to use terrorism to achieve an end but it is a very effective process – it works. It is excused when applied successfully and those who believe that “the end justifies the means” also excuse it when they perceive the goal to warrant the process. Our great leader of the free world, the USA, has rationalized that “waterboarding” an individual (to instill enough terror that the individual will confess to whatever will stop the waterboarding) is an acceptable method of dealing with humans.

Any group, be it one that represents freedom and dignity or the one which represents suppression and/or extreme religious fundamentalism, and believes that “the end justifies the means” will rationalize the process of instilling terror as functional tool to achieve an end.

Terrorism is a methodology; not a doctrine, dogma or political philosophy.


Montreal Conservative Voter
said
0 0

They should classify protestors as terrorists. In Montreal every time there is a riot due to these self righteous protestors, lots of damage is done and they are a constant threat to regular people and businesses. Put them all in jail and hold them accountable.


Michael from Toronto
said
0 0

mhz said "Welcome to the police state of Canada."

Really? Well, what does the ability of a victim to sue his/her attacker have anything to do with the notion of a police state?

For the uninformed people who post on this topic, this legal move allows victims to collect damages from perpetrators if it can be proven that the crime was abetted by any person or entity (e.g. a nation) which has assets that can be seized by the Canadian Government. This has worked in the US before.


R NS
said
0 0

There is no downside to this, for law biding people.

I have dealt with this type of a "Person"...and threats of jail, or even death, does not deter them. But believe it or not, they are very protective of their pocket books.

Here's hoping this passes.

Good job Stevie.


ken in toronoto
said
0 0

A wonderful, useful bill PM Harper. Now Palestinians will be able to sue the Isreali government when next tanks blow Gaza apart.


WestofTheRockies
said
0 0

Get real. If the majority of these comments represent where Canada is today. We are not a nice place to live.

Police State??! Name one where you have the liberty to sue anyone.

Support for Israel makes us a police state?

Enacting a sensible law makes Harper a toady of the USA?

Give us a break, wouldn't matter what he did, all you lefties would be screaming Conspiracy.

No terroism in Canada?

What about Air India? Now maybe some of the families of murdered Canadians can sue the perpatrators, who carry on living in this country using the Charter of Rights as their shield, with their millions secreted away in family member bank accounts, while the rest of us, whiners & snivilers included foot the bill.

How can the right to sue a terrorist be miscontruded as a bad thing and how will it cost the taxpayer a nickel?

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