Resumen de Anti-terrorism, the Charter, and International Law

Alex Conte

• States have a duty to protect their societies and to take effective measures to combat terrorism. The implementation of counter-terrorism measures may, where permissible, necessary, and proportionate, limit the full enjoyment of human rights. This is an integral feature of human rights law that provides for various means of rights limitation, as well as appropriate safeguards to guard against over-reaching or arbitrary limits. Determination of the proper boundaries, however, is a difficult task to achieve. This article considers the position in Canada. It concludes that so long as limitations upon rights and freedoms are consistent with section 1 of the Charter of Rights and Freedoms, such limitations are also consistent with international standards and guidelines on the subject of human rights compliance while countering terrorism, including those of the UN’s former High Commissioner for Human Rights.