ABSTRACT

This chapter begins by discussing perspectives on the impact of UN Security Council Resolution 1373, with a particular eye towards its impact on Canada and the UK. It then proceeds to give a brief history of the evolution of Canada and the UK's post-9/11 counter-terrorism measures, most specifically security certificates, bail with recognizance and investigative hearings in Canada, detention without trial, control orders and TPIMs in the UK, and measures to counter-terrorist financing in both jurisdictions. Forcese argues that a lack of a concrete definition of terrorism in the Resolution has led to various concerns about the human rights impact of domestic legislation implemented to accord with obligations under the Resolution: The impact of the Security Council's post-9/11counterterrorism activities on human rights has attracted particular attention. The chapter shows that, the evolution of counter-terrorism legislation, long and protected process that involve considerable judicial scrutiny and parliamentary amendment, with those subject to the legislation bearing the financial and human costs.