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FederalDid not become law (session ended)40th Parliament, 3rd Session

Bill S-7 explained in plain English

An Act to deter terrorism and to amend the State Immunity Act

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 3rd Session
Bill number
Bill S-7
Full title
An Act to deter terrorism and to amend the State Immunity Act
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
Feb 8, 2011

Official Parliament of Canada snapshot for 40th Parliament, 3rd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
Feb 8, 2011
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill creates a right for victims of terrorism to sue perpetrators and supporters, and amends the State Immunity Act to allow lawsuits against foreign states that support terrorism.

What It Means

Bill S-7, also known as the Justice for Victims of Terrorism Act, proposes to create a new legal pathway for individuals who have suffered losses due to terrorism to sue the perpetrators and their supporters. It also amends the State Immunity Act to allow Canadian courts to hear cases against foreign states that support terrorism, by creating a list of such states. The bill aims to deter terrorism by enabling victims to seek compensation and by potentially impairing the functioning of terrorist groups. It includes provisions for establishing this list and for reviewing it periodically.

What This Bill Does
  • Establishes a new cause of action allowing individuals who have suffered loss or damage due to terrorism to sue the perpetrators and their supporters.
  • Amends the State Immunity Act to prevent foreign states from claiming immunity from Canadian courts in cases related to their support of terrorism.
  • Allows for the creation of a list of foreign states that support terrorism, which would remove their immunity from Canadian courts in such cases.
  • Specifies that lawsuits can be brought for acts or omissions that are, or would be if committed in Canada, punishable under specific sections of the Criminal Code related to terrorism.
  • Introduces provisions for the establishment and review of a list of foreign states that support terrorism.
  • Allows victims to sue for losses or damages incurred in Canada or outside of Canada on or after January 1, 1985.
  • Suspends limitation or prescription periods for these new lawsuits under certain conditions.
  • Provides for the potential recognition of foreign court judgments in favour of victims, with specific conditions for judgments against foreign states.
  • Allows the Minister of Finance or the Minister of Foreign Affairs to assist judgment creditors in locating assets of foreign states.
  • Defines what constitutes 'support of terrorism' for the purposes of the State Immunity Act.
  • Establishes rules for adding or removing foreign states from the list of those supporting terrorism and for the review of this list.
Who Is Affected
  • Victims of terrorism
  • Perpetrators of terrorism
  • Supporters of terrorism
  • Foreign states that support terrorism
  • Canadian courts
  • Ministers of Foreign Affairs and Finance
  • The Governor in Council
Rights, Duties, Or Obligations
  • Individuals have the right to bring an action to recover loss or damage suffered as a result of terrorism.
  • Foreign states listed as supporting terrorism are not immune from the jurisdiction of Canadian courts in proceedings against them for their support of terrorism.
  • The Minister of Foreign Affairs must decide on applications from foreign states to be removed from the list of states supporting terrorism.
  • The Minister of Foreign Affairs must review the list of states supporting terrorism every two years.
  • Ministers may assist judgment creditors in identifying and locating property of foreign states.
Important Dates
  • Lawsuits can be brought for acts or omissions occurring on or after January 1, 1985.
  • Limitation or prescription periods for lawsuits do not begin before the day this section comes into force and are suspended under certain conditions.
  • The list of foreign states supporting terrorism must be established no later than six months after the section comes into force.
  • Reviews of the list will occur two years after its establishment and every two years thereafter.
Financial Or Tax Impacts
  • The bill allows victims to sue for an amount equal to the loss or damage proved and any additional amount the court may allow.
  • It allows for the attachment or execution of property of a foreign state (other than property of cultural or historical value) against a judgment for supporting terrorism.
  • The Minister of Finance or Minister of Foreign Affairs may assist in identifying and locating financial assets or property of foreign states within Canadian jurisdiction.
Enforcement Or Penalties
  • The bill creates a civil cause of action, allowing victims to sue for damages.
  • It does not specify criminal penalties but allows for court judgments and potential enforcement against foreign state property.
Uncertainties Or Limits
  • The bill does not define all specific acts that would be considered 'support of terrorism' beyond referencing the Criminal Code.
  • The effectiveness of the cause of action and the ability to recover damages depend on the court's determination and the availability of assets from perpetrators or supporters.
  • The decision to include or remove a foreign state from the list of those supporting terrorism is based on the Governor in Council's satisfaction regarding reasonable grounds.
  • The Minister of Foreign Affairs may refuse to assist in locating assets if it would be injurious to Canada's international relations or other interests.
  • A court may refuse to hear a claim against a foreign state if the loss occurred in that state and the plaintiff did not provide reasonable opportunity for arbitration.
  • The bill does not specify who will administer the list of states supporting terrorism or the detailed process for its day-to-day management beyond the initial creation and review.
  • The bill refers to 'listed entity' as defined in the Criminal Code, meaning changes to that definition in the Criminal Code could affect this bill.
Laws Or Regulations Affected
Justice for Victims of Terrorism Act
creates

This bill creates this new Act, which establishes the right for victims of terrorism to sue perpetrators and their supporters, and amends the State Immunity Act.

State Immunity Act
amends

This bill amends the State Immunity Act to prevent foreign states from claiming immunity from Canadian courts in certain cases related to their support of terrorism, and allows for the creation and management of a list of such states.

Criminal Code
amends

The bill references and relies on specific sections of the Criminal Code (Part II.1, sections 83.02 to 83.04, and 83.18 to 83.23) to define acts or omissions that can form the basis of a lawsuit under the new Act and for the purposes of determining if a foreign state supports terrorism.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 21 April 2010, the Leader of the Government in the Senate introduced Bill S-7, An Act to deter terrorism, and to amend the State Immunity Act (Justice for Victims of Terrorism Act), in the Senate and it was given first reading. Bill S-7 creates a cause of action for victims of terrorism allowing them to sue perpetrators and supporters of terrorism. It also amends the State Immunity Act to lift the immunity of those states that the Government believes are supporters of terrorism through a listing mechanism. The proposed legislation will allow any person who can demonstrate a real and substantial connection between their cause of action and Canada to sue in a Canadian court the foreign states that perpetrate and support terrorism. Plaintiffs can seek redress for terrorist acts committed anywhere in the world on, or after, 1 January 1985.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Apr 21, 2010
Completed

This artifact outlines the initial Senate first reading of Bill S-7 on April 21, 2010, and its subsequent procedural stages, including its progression to the House of Commons and eventual status at second reading there.

Introduction and first reading, Apr 21, 2010
End of stage activity, Apr 21, 2010
Chamber sittings
Introduction and first reading - Apr 21, 2010

The Senate introduced and gave first reading to Bill S-7, an act concerning terrorism and state immunity, on April 21, 2010.

Step 2
Second reading
Jun 17, 2010
Completed

Bill S-7, concerning terrorism deterrence and amendments to the State Immunity Act, completed its second reading in the Senate in April 2010 and proceeded through committee and third reading before being introduced in the House of Commons.

Second reading, Jun 17, 2010
Referral to committee, Jun 17, 2010
End of stage activity, Jun 17, 2010
Chamber sittings
Debate at second reading - Apr 28, 2010

On April 28, 2010, the Senate debated and adjourned debate on several bills, including legislation related to terrorism, criminal law, and gender parity on corporate boards, alongside other parliamentary business.

The Senate debated various topics and bills on April 28, 2010, including the initial stage of Bill S-7 (An Act to deter terrorism and to amend the State Immunity Act) which was moved for second reading and then adjourned, alongside discussions on other legislative matters and current affairs.

Debate at second reading - Jun 10, 2010

On June 10, 2010, the Senate conducted routine proceedings, question period, and debated several bills including Bill S-7, with discussions focusing on terrorism deterrence and state immunity.

A senator debated Bill S-7 at second reading, focusing on its potential to allow lawsuits against foreign states for actions outside Canada, raising concerns about an arbitration clause and the government's role in designating 'terrorist states' as defendants.

Debate at second reading - Jun 17, 2010

On June 17, 2010, the Senate held a sitting that included senators' statements, the tabling of reports, committee presentations, and debate and progression of several bills, including Bill S-7 which was read a second time and referred to committee.

Step 3
Consideration in committee
Oct 5, 2010
Completed

This record outlines the completed 'Senate Consideration in committee' stage for Bill S-7, an Act to deter terrorism and amend the State Immunity Act, and shows its subsequent movement to the House of Commons.

Committee report presented without amendment, Oct 5, 2010
End of stage activity, Oct 5, 2010
Chamber sittings
Committee report presented without amendment - Oct 5, 2010

The Senate Special Committee on Anti-Terrorism presented its report on Bill S-7, indicating it had examined the bill and found no amendments were necessary, after which the bill was scheduled for further consideration.

Step 4
Third reading
Nov 16, 2010
Completed

The Senate completed its third reading of Bill S-7 on November 16, 2010, adopting one amendment before the bill moved to the House of Commons.

Third reading, Nov 16, 2010
End of stage activity, Nov 16, 2010
Chamber sittings
Debate at third reading - Nov 2, 2010

On November 2, 2010, the Senate heard statements on various topics, tabled reports, held question period, and debated bills including the Justice for Victims of Terrorism Bill (Bill S-7), with a motion in amendment being introduced for that bill.

Debate at third reading - Nov 16, 2010

During the Senate's third reading debate on Bill S-7, senators discussed amendments related to terrorism deterrence and state immunity, ultimately passing the bill with changes, alongside other routine Senate business.

Step 1
First reading
Feb 8, 2011
Completed

Bill S-7, an act to deter terrorism and amend the State Immunity Act, completed its first reading in the House of Commons on February 8, 2011.

First reading, Feb 8, 2011
End of stage activity, Feb 8, 2011
Chamber sittings
First reading - Feb 8, 2011

During the February 8, 2011 House of Commons sitting, Bill S-7 received its first reading.

Step 2
Second reading
Date not listed
No activity

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Marjory LeBreton
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced