A Qualitative Analysis of Canadian Terror Case Law

• In Event: How Well the State Controls Terrorism

Abstract

Since the introduction of the Anti-Terror Act in 2001, Canada has tried several offenders on terror offences. However, research in the Canadian judicial context has paid relatively little attention to terrorist cases and the sentencing implications of offenders who are distinguished by political and ideological motivations. To discover the themes in the sentencing decisions of terrorism cases, the current qualitative study performed a content analysis of 9 Canadian court cases in which the offender was tried on an offence under the Anti-Terror Act. The study used a grounded theory approach to provide insight to judge’s interpretation and application of Canadian law in their sentencing of terrorist offenders. Each case was coded using NVivo, a qualitative research coding software. Specific attention was paid to the sentencing principles. This research deepens our understanding of how our laws against terrorism and related sentencing decisions interact, and the patterns and messages in terrorist sentencing decisions. Further findings and implications of this study will be discussed.

Author

• Tiana Gaudette, Simon Fraser University