The federal government will review a court ruling that struck down part of the Anti-Terrorism Act and then see if an appeal is necessary, Justice Minister Vic Toews says.
Toews wants to study the Oct. 24 ruling, which he acknowledged "fundamentally" changes the definition of terrorism under the Criminal Code. Whereas terrorism once meant an act of public intimidation that was specifically fuelled by political, religious or ideological purposes, the motivation may no longer matter.
Critics say the decision to strike out the part of the law which deals with an accused's political, religious or ideological motivation may actually make the prosecution's job easier.
Liberal Derek Lee believes the clause including motivation should stay, or else the net would be cast too wide.
"A bunch of fishermen on their fishing boat trying to protect their fishing territory could in fact offend the anti-terror provisions of the code," he argued.
Ontario Superior Court Judge Douglas Rutherford severed the clause in the law dealing with ideological, religious or political motivation for illegal acts in the case against Mohammed Mohmin Khawaja, charged in connection with alleged involvement in a suspected bomb plot in Britain.
Rutherford found that the legal definition of terrorist activity explicitly tied terrorism to criminal activity motivated by beliefs, and infringed on key freedoms guaranteed in the Charter of Rights.
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