Examining the Efficacy of Canada’s Anti-terrorist Financing Laws
The underlying assumption in the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 appears to be that the anti-terrorist financing (ATF) laws in Canada work well. This assumption has not been subject to empirical assessment. An agency’s ʻbusynessʼ does not imply its efficacy. Instead of presuming the necessity and efficacy of such regulation, a reasonable and well-informed evidence-based evaluation of the efficacy of Canada’s current ATF regime is required. Administrative bodies that regulate ATF laws and the regulatory bodies designed to implement these laws should be required to undertake cost-benefit analysis (CBA). This would limit the burdens placed on the economic activity of private businesses by identifying whether additional ATF laws are necessary. Even if CBA is not used as a determinative decision-making technique, it nonetheless provides regulators with a baseline against which existing laws and regulatory reforms might both be measured.