Document Type
Article
Abstract
Canada distinguishes “ordinary crime” from terrorism offences primarily by reference to whether an act meets the Criminal Code’s definition of “terrorist activity.” The most confusing and least understood element of terrorist activity is its motive requirement, that being that for a crime to constitute a terrorism offence, the actor must be motivated by politics, religion, or ideology. How do we know when such a motive exists, or even how to define these motivations? How do we differentiate ordinary crime from terrorism if we do not know what ideologies or religions “count” and which do not? Do far-right motivations picked and chosen from numerous groups count? How about someone that is motivated to act violently by a belief in QAnon, or because of their commitment to a political protest movement? In this article we explain why the motive requirement is so in need of refinement and shed light on what differentiates ordinary crime from terrorism. To do so, we offer a comprehensive study of the legislative history behind Canada’s anti-terrorism criminal regime as well as every terrorism judgment, sentencing decision, and jury instruction issued between 2001–2021. We find that neither Parliament nor the courts have defined the motive requirement, leaving others to define terrorism as something closer to “we know it when we see it.” We thus look more broadly, including inside and outside the realm of criminal law, for workable legal definitions of political, religious, and ideological; we engage in a process of statutory interpretation to narrow the definitions; and, finally, to better understand the most complex and vexing motive—that being ideology—we look outside the law entirely to terrorism studies, sociology, religious studies, and elsewhere. Drawing on these varied sources, we offer a definition for the motive requirement that is practical for the courtroom while serving to both restrict the application of Canada’s anti-terrorism regime beyond its current incarnation and also ensure that emergent extremist activity is adequately captured. Such clarity is vital to the rule of law because the motive requirement is an element of terrorism offences and, as such, must be proved by the Crown beyond a reasonable doubt; but it is also necessary to ensure that investigations, charges, and prosecutions are based on concise understandings of “terrorist activity” and not implicit understandings that tend to marginalize some (usually minority) groups while allowing others more permissive room to manoeuvre.
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Citation Information
Nesbitt, Michael; West, Leah; and Amarasingam, Amarnath.
"The Elusive Motive Requirement in Canada’s Terrorism Offences: Defining and Distinguishing Ideology, Religion, and Politics."
Osgoode Hall Law Journal
60.3 (2023)
: 549-595.
DOI: https://doi.org/10.60082/2817-5069.3924
https://digitalcommons.osgoode.yorku.ca/ohlj/vol60/iss3/2
EPUB version (e-reader software required)
References
1. Michael Nesbitt is an Associate Professor of Law, University of Calgary Faculty of Law; Amarnath Amarasingam is Assistant Professor in the School of Religion at Queen's University; and Leah West is Assistant Professor of International Affairs at the Norman Paterson School of International Affairs, Carleton University. The authors wish to thank Peter Shyba for exceptional research assistance on the legislative history of Canada's
Anti-Terrorism Act, 2001
2. RSC 1985, c C-46, s 231(6.01). https://doi.org/10.2307/26403838
3. Stewart Bell, Andrew Russell & Catherine McDonald, "Deadly Attack at Toronto Erotic Spa Was Incel Terrorism, Police Allege," Global News (19 May 2020), online: [perma.cc/JRH9-G4CR].
4. See R v Minassian, 2019 ONSC 4455 at para 6.
5. See Amanda Coletta, "Four Muslim Family Members in Canada Killed in 'Targeted' Attack, Police Say," The Washington Post (8 June 2021), online: [perma.cc/5FVP-PNV4].
6. See Royal Canadian Mounted Police, News Release, "London Police Service and Royal Canadian Mounted Police Provide Update to the Criminal Charges Related to the London, Ontario Vehicle Attack" (14 June 2021), online: [perma.cc/94XD-AJQT] [RCMP News Release].
7. See Nesbitt, supra note 8. Nesbitt makes the case that Canada's charging and prosecuting decisions are debatable and confusing, particularly when comparing and contrasting violent acts perpetrated by the far right as opposed to al Qaeda and like inspired actors.
8. R v Khawaja, [2008] OJ No 4244 (QL) [Khawaja SC]; R v Khawaja, 2010 ONCA 862 [Khawaja CA]; R v Khawaja, 2012 SCC 69 [Khawaja SCC].
9. See Anti-terrorism Act, SC 2001, c 41 [ATA, 2001]; Michael Nesbitt & Harman Nijjar, "Counting Terrorism Charges and Prosecutions in Canada Part 2: Trends in Terrorism Charges" (24 June 2021), online: Intrepid [perma.cc/U4WC-SDFT] [Nesbitt & Nijjar, "Counting Terrorism Charges"].
10. The term "economic" is removed from this definition because it is hard to conceive of a system of economic beliefs that would not meet the definition of political identified by the Court. See Canada (Attorney General) v Ward, [1993] 2 SCR 689 [Ward]
11. See Craig Forcese & Leah West, National Security Law, 2nd ed (Irwin Law, 2021) at 149.
12. Ibid. See e.g. Convention on Offences and Certain Other Acts Committed on Board Aircraft, 14 September 1963, 704 UNTS 219 (amended by 2014 Protocol); Convention for the Suppression of Unlawful Seizure of Aircraft, 16 December 1970, 860 UNTS 105 (amended by 2010 Protocol); Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, 23 September 1971, 974 UNTS 177 (amended by 1988 Protocol); Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, 24 February 1988, 1589 UNTS 474 (entered into force 6 August 1989); Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 10 March 1988, 1678 UNTS 201 (as amended by 2005 Protocol); Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 10 March 1988, 1678 UNTS 201 (amended by 2005 Protocol); Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, 10 September 2010, No 55859 (entered into force
1 July 2018); Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 28 December 1973, 1035 UNTS 167 (entered into force 20 February 1977); International Convention for the Suppression of Acts of Nuclear Terrorism, 13 April 2005, 2445 UNTS 89 (entered into force 7 July 2007); International
Convention Against the Taking of Hostages, 17 December 1979, 1316 UNTS 205 (entered into force 3 June 1983); International Convention for the Suppression of Terrorist Bombings, 15 December 1997, 2149 UNTS 256 (entered into force 23 May 2001); Convention on
the Physical Protection of Nuclear Material, 26 October 1979, 1456 UNTS 101 (entered into force 26 October 1987); Convention on the Marking of Plastic Explosives for the Purpose of Identification, 1 March 1991, 2122 UNTS 359 (entered into force 21 June 1998); International Convention for the Suppression of the Financing of Terrorism, 9 December 1999, 2178 UNTS 197 (entered into force 10 April 2002) [Terrorist Financing Convention].
13. Threats to International Peace and Security Caused by Terrorist Acts, SC Res 1373, UNSCOR, 56th year, UN Doc S/RES/1373 (2001).
14. Ibid.
15. Threats to International Peace and Security Caused by Terrorist Acts, SC Res 1566, UNSCOR, 59th year, UN Doc S/RES/1566 (2004).
16. See Department of Justice Canada, "About the Anti-terrorism Act" (7 July 2021), online: Government of Canada [perma.cc/ZX4Y-Z7EX].
17. House of Commons Debates, 37-1, No 95 (16 October 2001) at 1015 (Hon Anne McLellan).
18. Ibid at 1155 (Hon Peter MacKay).
19. Ibid at 2150 (Hon Irwin Cotler) [emphasis added].
20. ATA, 2001, supra note 20.
21. Ibid, s 4. The initial offences included providing or collecting property for certain activities; providing, making available property or services for terrorist purposes; using or possessing property for terrorist purposes; participation in the activity of a terrorist group; facilitating terrorist activity; the commission of an offence for a terrorist group; instructing to carry out activity for a terrorist group; instructing to carry out terrorist activity; and harbouring or concealing. In the twenty years since, that list has grown to fifteen offences with the addition of leaving Canada to participate in the activity of a terrorist group; leaving Canada to commit an offence for a terrorist group; leaving Canada to facilitate terrorist activity; leaving Canada to commit an offence that is terrorist activity; and counselling the commission of a terrorism offence. These offences were originally added from 2013 to 2015 with the passages
of the Combating Terrorism Act and the Anti-terrorism Act, 2015. SC 2013, c 9 [CTA];
SC 2015, c 20. Section 83.221, regarding "counselling," was significantly amended in 2019 with the National Security Act, 2017. SC 2019, c 13 [NSA, 2017]. Harbouring was replaced in 2013 with the more specific offences of concealing a person who carried out terrorist activity and concealing a person who is likely to carry out terrorist activity. See Criminal Code, supra note 2, ss 83.23(1)-(2). The original amendments were brought into force with the passage of the CTA. Ibid, s 9. This offence was subsequently amended in 2019 by the NSA, 2017. Ibid, s 22.
22. There is one exception: counselling commission of a terrorism offence. See Criminal Code, supra note 2, s 83.221. However, any terrorism offence will be dependent on the
establishment of a terrorist group or terrorist activity, meaning these two predicates still form the root of the offence.
34. Ibid, s 83.01(1).
35. Ibid, s 83.01(1)(a). See e.g. Convention for the Suppression of Unlawful Seizure of Aircraft, 16 December 1970, 860 UNTS 105 (entered into force 19 July 1972); Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 23 September 1971, 974 UNTS 177 (entered into force 26 January 1973); Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 14 December 1973, 1035 UNTS 167 (entered into force 20 February 1977); International
Convention against the Taking of Hostages, 17 December 1979, 1316 UNTS 205 (entered into force 3 June 1983); Convention on the Physical Protection of Nuclear Material, 3 March 1980, 1456 UNTS 124 (entered into force 8 February 1987); Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, 24 February 1988, 1589 UNTS 474 (entered into force 6 August 1989); Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 10 March 1988, 1678 UNTS 221 (entered into force 1 March 1992); Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 10 March 1988, 1678 UNTS 304 (entered into force 1 March 1992); International Convention for the Suppression of
Terrorist Bombings, 15 December 1997, 2149 UNTS 256 (entered into force 23 May 2001); International Convention for the Suppression of the Financing of Terrorism, 9 December 1999, 2178 UNTS 197 (entered into force 10 April 2002).
36. See Criminal Code, supra note 2, s 83.01(1)(b).
37. Ibid, s 83.01(1)(b)(ii).
38. Ibid, s 83.01(1)(b)(i)(A).
39. Ibid, s 83.01(1)(b)(i)(B).
40. See House of Commons Debates, supra note 28 at 2150.
See Terrorist Financing Convention, supra note 23.
41. See Criminal Code, supra note 2, ss 467.11-467.13. 43. Ibid, s 83.18.
44. Ibid, s 467.11.
45. Ibid, s 83.19.
46. Ibid, s 467.12.
47. "Criminal organization" is defined at the outset of the anti-organized crime section of the Criminal Code, just as terrorist activity is at the outset of the terrorism section. Ibid, s 467.1(1).
48. See Kent Roach, "Defining Terrorism: The Need for a Restrained Definition" [Roach, "Defining Terrorism"] in Nicole LaViolette & Craig Forcese, eds, The Human Rights of Anti-terrorism (Irwin Law, 2008) 97. See also Alan Greene, "Defining Terrorism: One Size Fits All?" (2017) 66 ICLQ 411. https://doi.org/10.1017/S0020589317000070
49. Terrorism Act 2000 (UK), c 11, s 1.
50. Roach, "Defining Terrorism," supra note 48 at 114-15.
51. Canadian Security Intelligence Service Act, RSC 1985, c C-23, s 2 [CSIS Act].
52. Ibid, s 2(c), as it appeared on 17 December 2001.
53. Ibid, as it appeared on 14 March 2023.
54. House of Commons Debates, supra note 28 at 1025.
55. House of Commons, Standing Committee on Justice and Human Rights, Evidence, 37-1, No 49 (20 November 2001) at 1220 (Hon Anne McLellan).
56. Roach, September 11, supra note 11 at 27.
57. See e.g. House of Commons, Standing Committee on Justice and Human Rights, Evidence, 37-1, No 32 (24 October 2001) at 1310 (Paul Wilkinson).
58. Ibid at 1340.
59. See Nesbitt & Nijjar, "Counting Terrorism Charges," supra note 20.
60. Ibid.
61. Stewart Bell, "What Does It Take to Lay Terrorism Charges? An Internal Government Document Explains the RCMP View," Global News (27 April 2018), online: [perma.cc/GN7W-CLFZ].
62. Ibid. See also Jim Bronskill, "Scope of Right-Wing Extremism Vexed Security Officials, Documents Show," CBC News (27 January 2020), online: [perma.cc/PE79-JP3K].
63. Khawaja SCC, supra note 19 at para 76.
64. Roach, September 11, supra note 11 at 27.
65. Khawaja CA, supra note 19 at para 129.
66. Khawaja SCC, supra note 19 at para 82.
67. See Nesbitt & Nijjar, "Counting Terrorism Charges," supra note 20. The sixtieth case was associated with a listed terrorist entity, the Tamil Tigers.
68. See R v Thambaithurai, 2010 BCSC 1949.
69. See e.g. Canadian Security Intelligence Service, CSIS Public Report 2019 (Public Works and Government Service Canada, 2020) at 13; Public Safety Canada, 2017 Public Report on
the Terrorist Threat to Canada: Building a Safe and Resilient Canada (Public Safety Canada, 2017) at 7
David Lao, "'Escalating' Far-Right Violence in U.S. to Pose Greatest Terrorist Threat: Experts," Global News (27 June 2020), online:
far-right-violence-america-terrorism-threat> [perma.cc/H8N7-4PZL]; Alex Boutilier, "CSIS Highlights White Supremacist Threat Ahead of Radical Islam," Toronto Star (15 March 2015), online: [perma.cc/NP4Z-DBGG].
70. Canadian Security Intelligence Service, "Remarks by Director David Vigneault to the Centre for International Governance Innovation" (9 February 2021), online: Government of
Canada [perma. cc/7TQR-5KAY]. These remarks were made before the attack in London killed four people and injured a nine-year-old boy.
71. See e.g. The Canadian Press, "Terrorism in Canada: Timeline of Plots, Attacks and Allegations," CTV News (23 October 2014), online: [perma.
cc/8SKD-6SGB]; Public Prosecution Service of Canada, "Sentence of Life Imprisonment for Murder in Terrorism Case" (6 August 2021), online:
nws-nvs/2021/26_08_21.html> [perma.cc/YE3F-UKLL]. Since 2014, the number of deaths associated with far-right attacks has, sadly, only increased in both real and relative terms (to other forms of extremism-caused deaths in Canada), which is evident from the prosecutions of Minassian, Bissonnette, Toronto Youth (incel attack), and Veltman, all discussed herein.
72. See Nesbitt, supra note 8 at 45
73. See Khawaja CA, supra note 19 at para 129.
74. See Khawaja SCC, supra note 19 at para 82
75. While this article was in production (August 2023), a decision was released in the Toronto Youth incel case. See R v OS, 2023 ONSC 4142. In that case, the youth pleaded guilty to one count of murder and one count of attempted murder. However, the Crown brought an application to treat the offences as terrorist activity for the purposes of sentencing so that the youth might be sentenced as an adult. For our purposes, this meant that the Crown had to prove that the crimes amounted to terrorist activity, meaning that the court had to address whether the murder and attempted murder charges also met the consequence, motive, and purpose clauses in the definition of terrorist activity. This is the first decision to address the issue head-on in this way. Not surprisingly, the central dispute in the decision was whether the motive clause was satisfied. Ibid, paras 20-22. Unfortunately, the court followed the recommendation of the Crown and took a cursory approach to statutory interpretation
to adopt what is, in essence, a dictionary definition of ideology. Ibid, paras 24-25, 26, 33. As discussed in this article, below, that dictionary definition of "ideology" or "ideological" quite clearly offers an insufficiently precise understanding of what the term means in the context of Canada's motive clause. In particular, that definition is incapable of offering meaningful assistance in differentiating most ordinary crime from terrorism or adding anything to limit or expand the definition of terrorist activity beyond what it would be if it had only consequence and purpose clauses. As such, although it bears noting that there is now one lower court case that has, at least, addressed the definition of terrorism, and the motive clause in particular, head-on, the reasoning there does not address the arguments or
longstanding concerns raised in this article, nor does it, in the authors' opinion, in practice, take the definition much beyond "we know it when we see it."
76. For a list of all thirteen sentencing decisions and related data, see Michael Nesbitt & Harman Nijjar, "Table of Canadian Terrorism Cases to Date" (17 June 2021), online (pdf): Intrepid
[perma.cc/4PME-Z2SV].
77. See e.g. R v Khalid, 2010 ONCA 861 at para 35 ("[f ]uelled by his religious and ideological convictions, he was prepared to engage in the mass murder of innocent men, women and children on Canadian soil"). Even where a court tends to identify a particular motive- religious, political, or ideological-it has tended to be circumspect about whether the particular motive is accurate. See also R v NY, 2008 CanLII 24543 (Ont SC) at para 22. See also Khawaja SCC, supra note 19 at para 89. The Court finds that the accused had an "extremist religious ideology" without explaining the basis for this finding.
78. See e.g. R v Ahmed, 2014 ONSC 6153 at para 51 [Ahmed]
R v Dughmosh, 2019 ONSC 1036 at para 33 [Dughmosh]
R v Chand, 2010 ONSC 6538 at para 92 [Chand]
R v Ansari, 2010 ONSC 5455 at para 16 [Ansari].
79. See Dughmosh, supra note 77; Ahmed, supra note 77; Ansari, supra note 77; R v Hersi, 2014 ONSC 4414; R v Esseghaier, 2015 ONSC 5855. For a listing of all the cases, including broken down by verdicts, see generally Nesbitt & Nijjar, "Counting Terrorism Charges," supra note 20.
80. See R c Jamali, 2017 QCCS 6078.
81. Ansari, supra note 77 (Charge to the Jury at para 237) [on file with authors]; Chand, supra
note 77 (Charge to the Jury at para 237) [on file with authors].
82. Perhaps it is thus unsurprising that the Court finds it "abundantly clear that the trial judge would have convicted with or without the motive clause." Khawaja SCC, supra note 19 at para 92.
83. See Public Safety Canada, "Terrorism Charges Laid in Ideologically Motivated Homicide" (20 May 2020), online: [perma.cc/LZ2J-A356]; Bell, Russell & McDonald, supra note 3.
84. See Ruth Sullivan, Driedger on the Construction of Statutes, 3rd ed (Butterworths, 1994) at 163 [Sullivan, Driedger]. See also R v Zeolkowski, [1989] 1 SCR 1378 at 1387.
85. The Interpretation of Legislation in Canada, 4th ed (Carswell, 2011) at 546.
86. Ibid. See also Lanston Monotype Machine Company v Northern Publishing Co (1922), 63 SCR 482 at 497 ("it is always dangerous…to construe the words of one statute by reference to the interpretation which has been placed upon words bearing a general similarity to them in another statute dealing with a different subject matter").
87. See Ruth Sullivan, Statutory Interpretation, 3rd ed (Irwin Law, 2016) at 43 [Sullivan,
Statutory Interpretation].
88. Criminal Code, supra note 2, ss 176(1)-(2).
89. Ibid, s 207(1).
90. Ibid, ss 318-319, 430(4.1), 718.2(a)(i).
91. See e.g. Khawaja SC, supra note 19; Khawaja CA, supra note 19; R v Nuttall, 2016 BCSC 1404 at paras 825-33.
92. 2004 SCC 47 at para 39 [Syndicat Northcrest].
93. Ibid [emphasis added].
94. Hunter v Southam Inc, [1984] 2 SCR 145 at 156.
95. R v Big M Drug Mart Ltd, [1985] 1 SCR 295 at 344.
96. 2020 SCC 32.
97. Ibid at para 71.
98. Ibid at para 72.
99. Ibid.
100. "Moral Judgement, Criminal Law and the Constitutional Protection of Religion" (2008) 40 SCLR (2d) 513 at 522. https://doi.org/10.60082/2563-8505.1124
101. Ibid at 523-24, citing R v Keegstra, [1990] 3 SCR 697 and R v Zundel, [1992] 2 SCR 731. For an excellent review of the history of Canada's hate speech criminal provisions, see
Kenneth Grad, "A Gesture of Criminal Law: Jews and the Criminalization of Hate Speech in Canada" (2022) 59 Osgoode Hall LJ 375. https://doi.org/10.60082/2817-5069.3782
102. Supra note 2, s 83.01(1.1).
103. Ibid, s 269.1(3).
104. Based on a search of this phrase in CanLII and QuickLaw.
105. Note again that, while this article was in production, a decision in Toronto Youth case R v OS, 2023 ONSC 4142, addressed this issue, though not in a manner that makes a material difference to the arguments or concerns raised in this article. Supra note 75.
106. Statutory Interpretation, supra note 86 at 181.
107. Ibid.
108. See Auer v Lionstone Holdings Inc, 2005 ABCA 78 at para 20.
109. Sullivan, Statutory Interpretation, supra note 86 at 182.
110. 2002 FCA 499 [Action by Christians].
111. RSC 1985, c 1 (5th Supp). The expression was removed from the Act in 2018.
112. Action by Christians, supra note 108 at paras 66-67 [emphasis added].
113. Ward, supra note 21.
114. 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954).
115. SC 2001, c 27, s 96 [emphasis added]. https://doi.org/10.2307/25515379
116. Ward, supra note 21 at 90.
117. Ibid at 91.
118. The IRA, or the Northern Ireland problem, as it was sometimes called, was referenced on several occasions during legislative hearings. See e.g. Senate of Canada, Proceedings of the Special Senate Committee on the Subject Matter of Bill C-36, Evidence, 37-1, No 4 (29 October 2001) at 9 (Hon Anne McLellan)
Senate of Canada, Proceedings of the Special Senate Committee on Bill C-36, Evidence, 37-1, No 8 (5 December 2001) at 20 (Hon A Raynell Andreychuk).
119. Ward, supra note 21 at 68.
120. Ibid.
121. Khawaja SCC, supra note 19 at para 82.
122. Supra note 51, s 2.
123. RSC 1985, c O-5, s 3(1)(a).
124. SOR/2005-346, s 1.
125. [1998] 1 SCR 27 at para 21. See also 65302 British Columbia Ltd v Canada, [1999] 3 SCR 804 at para 50; R v Sharpe, 2001 SCC 2 at para 33; Bell ExpressVu Limited Partnership v Rex, 2002 SCC 42 at para 26; Redeemer Foundation v Canada (National Revenue), 2008 SCC 46 at para 15; R v Ahmad, 2011 SCC 6 at para 28; Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 at para 102.
126. See Ruth Sullivan, Sullivan on the Construction of Statutes, 6th ed (LexisNexis Canada, 2014) at 9-10 [Sullivan, Construction].
127. See Sullivan, Statutory Interpretation, supra note 86 at 59.
128. Ibid at 61.
129. Ibid. See also R v Find, 2001 SCC 32 at para 48.
130. Gary Ackerman & Michael Burnham, "Towards a Definition of Terrorist Ideology" (2021) 33 Terrorism & Political Violence 1160 at 1164. https://doi.org/10.1080/09546553.2019.1599862
131. See Sullivan, Statutory Interpretation, supra note 86 at 65.
132. Oxford English Dictionary (Oxford University Press, December 2022), sub verbo "ideology," online: [perma.cc/D8XX-K8YC].
133. Ibid.
134. Oxford English Dictionary (Oxford University Press, December 2022), sub verbo "ideological," online: [perma.cc/YSA5-5PRJ].
135. Ibid.
136. See Sullivan, Driedger, supra note 83 at 159. See also Canada (National Revenue) v Thompson, 2016 SCC 21 at para 32.
137. Construction, supra note 124 at 211. 138. [1980] 1 SCR 1124 at 1135.
139. Ibid.
140. Ibid at 1136.
141. As noted above, the term "economic" is removed from this definition because it is hard to conceive of a system of economic beliefs that would not meet the definition of political. See supra note 21.
142. See e.g. Barbara Perry & Ryan Scrivens, "Who's a Terrorist? What's Terrorism? Comparative Media Representations of Lone-Actor Violence in Canada" in Jez Littlewood, Lorne L Dawson & Sara K Thompson, eds, Terrorism and Counter-Terrorism in Canada (University of Toronto Press, 2020) 242 at 245. https://doi.org/10.3138/9781487514112-013
143. Malcolm B Hamilton, "The Elements of the Concept of Ideology" (1987) 35 Political Studies 18 at 18. https://doi.org/10.1111/j.1467-9248.1987.tb00186.x
144. See David W Minar, "Ideology and Political Behavior" (1961) 5 Midwest J Political Science 317. https://doi.org/10.2307/2108991
145. Hamilton, supra note 141; John Gerring, "Ideology: A Definitional Analysis" (1997) 50 https://doi.org/10.2307/448995
Political Research Q 957 [Gerring, "Ideology"].
146. John Gerring, "What Makes a Concept Good?: A Critical Framework for Understanding Concept Formation in the Social Sciences" (1999) 31 Polity 357 at 371. See also Hamilton, supra note 141. See Nesbitt, supra note 8. https://doi.org/10.2307/3235246
147. See Emmett Kennedy, "'Ideology' from Destutt de Tracy to Marx" (1979) 40 J History Ideas 353. https://doi.org/10.2307/2709242
148. Andreas Fagerholm, "Ideology: A Proposal for a Conceptual Typology" (2016) 55 Soc Science Information 137 at 141. https://doi.org/10.1177/0539018416629229
149. Ibid at 142. See also John Torrance, Karl Marx's Theory of Ideas (Cambridge University Press, 1995).
150. Fagerholm, supra note 146 at 142, citing Talcott Parsons, "An Approach to the Sociology of Knowledge" in KH Wolff, ed, Transactions of the Fourth World Congress of Sociology, vol 4 (International Sociological Association, 1959) 25.
151. Fagerholm, supra note 146.
152. Ibid at 143.
153. Ibid; Gerring, "Ideology," supra note 143.
154. See Fagerholm, supra note 146 at 141, 144-48.
155. Gerring, "Ideology," supra note 143 at 980.
156. "Terrorism and Ideology: Cracking the Nut" (2019) 13 Perspectives on Terrorism 2 at 7.
157. Michelle Dugas & Arie Kruglanski, "The Quest for Significance Model of Radicalization: Implications for the Management of Terrorist Detainees" (2014) 32 Behav Sci & https://doi.org/10.1002/bsl.2122
L 423 at 427-28.
158. See Ackerman & Burnham, supra note 128 at 1160.
159. Ibid at 1161.
160. Ibid at 1166 [emphasis in original].
161. Ibid.
162. Ibid.
163. Ibid.
164. Ibid at 1167.
165. Ibid.
166. Ibid at 1168.
167. Ibid.
168. For excellent reporting on this phenomenon, see Andrew Russell, Stewart Bell & Mercedes Stephenson, "London Attack Suspect Was Inspired by New Zealand Mosque Shooter, Sources Say," Global News (10 November 2021), online: [perma.cc/J2EN-6PGF]. As quoted in the article, the Canadian government's Integrated Threat Assessment Centre has so described ideologically motivated extremism: It is intended "to inspire others in the milieu to act." Ibid.
169. Ackerman & Burnham, supra note 128 at 1169.
170. Ibid at 1170.
171. Ibid at 1171 [emphasis omitted].
172. Again, the term "economic" is removed from this definition because it is hard to conceive of a system of economic beliefs that would not meet the definition of political.
173. Supra note 91 at para 39.
174. Ronald Dworkin's famous "one right answer" thesis is first explicitly outlined in his famous text. See Taking Rights Seriously (Harvard University Press, 1978).