The Auditor General of Canada, Michael Ferguson, released his Spring 2013 Report (the “Report“) today and among the key findings, found that a whopping $3.1 billion in funding to programs to combat terrorism in Canada is unaccounted for. Moreover, the Report found that some of the $12.9 billion approved for fighting terrorism in Canada went to pay for [...]
The Court of Appeal for British Columbia ruled today that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to lawyers in that province, interferes to an unacceptable degree with the independence of the Bar as a principle of fundamental justice, and as a consequence, held that the legislation does not apply to [...]
Canada is failing miserably in its anti-money laundering and counter-terrorist financing efforts according to a report published by the country’s Senate Standing Committee on Banking, Trade and Commerce. The report, entitled “Follow the Money: Is Canada Making Progress in Combatting Money Laundering and Terrorist Financing? Not Really” (the “Report“) makes several findings and recommendations, the chief [...]
As anticipated, the federal Justice for Victims of Terrorism Act (the “Act“) came into force in Canada on March 13, 2013 without much fanfare. The Act creates a cause of action that allows victims of terrorism to sue natural and legal persons (and of particular interest, listed entities) and certain foreign states, in a Canadian court for loss [...]
Yesterday, the Supreme Court of Canada dismissed an appeal by convicted terrorist Mohammed Khawaja from a decision of the Ontario Court of Appeal that upheld his conviction for terrorism under the Anti-Terrorism Act and had imposed a sentence of life imprisonment plus 24 years on Khawaja for his crimes.
The New York Court of Appeals ruled this week that the use of a New York bank account by a listed entity (an entity identified as a terrorist one) is sufficient to establish jurisdiction for American victims of the listed entity’s terrorist activities to claim compensation. The bank in question is a Beirut bank with [...]
U.S. Under Secretary for Terrorism and Financial Intelligence, David Cohen, was in Europe this week warning government agencies against the increase in kidnappings for ransom by terrorist organizations (listed entities). In the past decade, al Qa’ida is estimated to have received ransom payments of US$120 million from kidnappings that occurred mostly in North Africa, Yemen [...]
On Monday, Canada’s immigration minister, Jason Kenney, will move forward with legislation to facilitate the removal of foreign criminals from Canada. Bill C-43, entitled the Faster Removal of Foreign Criminals Act, will amend the Immigration and Refugee Protection Act in the following ways: Certain foreign nationals convicted of a criminal offence in Canada will be [...]
Today, the Paris-based Financial Action Task Force (FATF) released its long anticipated revised set of standards for anti-money laundering (AML) and counter terrorist financing (CTF) which replace the 40 Recommendations + 9 Special Recommendations compiled in 2003. The revised FATF Recommendations integrate AML and CTF controls into one document and are quite expansive in that they [...]
The Canadian government announced that it is undertaking a potentially significant revision to its anti-money laundering (AML) and counter terrorist financing (CTF) regime. The proposed changes are in addition to those proposed by the government in November 2011. In its Consultation Paper entitled “Strengthening Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime”, the government is proposing [...]