Facilitating Terrorist Activity
The RCMP states that terrorist activity can come in many forms, and can include such activity as planting a computer virus, a bombing or a chemical strike.
Jump to section
Plain-Language Summary
Facilitating Terrorist Activity: Following the 9/11 terrorist attacks in 2001, Canada passed the Anti-terrorism ActA federal law that added terrorism-related offences, powers, and procedures after 2001. (ATA) stating "acts of terrorism threaten Canada's political institutions, the stability of the economy and the general welfare of the nation." According to the RCMP, threats to national security can come in many forms including: bank transactions that fund terrorism; computer viruses; explosive devices; or chemical, biological, radiological strikes. Facilitating terrorist activityBeing involved in a terrorist act is covered under s.83.19 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada and states that if you knowingly help bring about terrorist activity you are liable to imprisonment for up to 14 years. You face the same sentence if you leave Canada to facilitate a terrorist attack.
What is Facilitating Terrorist Activity?
When many people think of terrorists, images of suicide bombers in foreign countries may come to mind. However, Canada has had its own problems with terrorismAn offence aimed at intimidating the public. Prior to 2001, Canada did not have a law that specifically dealt with the crime. The Anti-terrorism Act became law in December 2001, and its terrorism provisions were enacted as Part II.1 of the Criminal Code. Terrorism offences are seen as being among the most serious in Canadian law, so much so that if you are sentenced for a terrorism-related crime you will have to serve your prison sentence consecutively to any other punishment. Section 83.19(1) of the Criminal Code states that if you knowingly facilitate a terrorist activity you are guilty of an indictable offence and liable to imprisonment for up to fourteen years. Under the Criminal Code, a terrorist activity is facilitated whether or not: the facilitator knows that a particular terrorist activity is facilitated; any particular terrorist activity was foreseen or planned at the time it was facilitated; or any terrorist activity was actually carried out. Terrorism is described in the Criminal Code as an act that is committed "in whole or in part for a political, religious or ideological purpose, objective or cause." Terrorism includes an act that: causes death or serious bodily harm to a person by the use of violence; endangers a person's life; causes a serious risk to the health or safety of the public or any segment of the public; causes substantial property damage, whether to public or private property, if that damage is likely to result in death, serious bodily harm, endangerment to life, or a serious risk to public health or safety; and causes serious interference with or serious disruption of an essential service, facility or system, whether public or private. Important: lawful advocacy, protest, dissent, or a work stoppage is not treated as terrorist activity simply because it disrupts an essential service, provided it is not intended to cause death, serious bodily harm, endangerment to life, or a serious risk to public health or safety. This protection is set out in s.83.01(1)(b)(ii)(E) of the Criminal Code. Ordinary political activity, peaceful protest, and labour action do not become terrorism unless they cross that threshold. The RCMP states that terrorism can come in many forms, and can include such activity as planting a computer virus, a bombing or a chemical strike. In 2021, a man in London, Ont. was charged with driving his pickup truck into five members of a Muslim family. Four people died in the incident, which was viewed as a terrorist act.
What is Needed to Convict
In any criminal case, the Crown must prove guilt beyond a reasonable doubtThe standard that must be exceeded to find someone guilty.
For facilitating terrorist activity, the Crown must prove that the activity you helped with was a terrorist activity under the Criminal Code and that you knowingly facilitated it.
A terrorist activity must meet the Criminal Code definition. That includes an act committed in whole or in part for a political, religious or ideological purpose, objective or cause, along with the other parts of the definition.
The Crown does not have to prove that you personally shared that purpose. The issue is whether you knowingly helped with a terrorist activity, not whether you personally held the same ideology.
Treated as an Indictable Offence
Facilitating terrorist activity is an indictable offenceA more serious type of Canadian criminal offence.. That means it is handled as a serious criminal charge. There is no summary-conviction option. A person convicted of this offence can be sent to prison.
Penalties for Facilitating Terrorist Activity
There is no minimum sentence for facilitating terrorist activity. If convicted, you could be imprisoned for up to 14 years. Under s.83.26 of the Criminal Code, this sentence must be served on top of any other sentence you receive for offences arising out of the same event or series of events. It must also be served on top of any sentence you are already serving at the time of sentencing. The only exception is if one of the sentences at issue is a sentence of life imprisonment.
How far facilitation reaches
The person does not need to know the specific terrorist activity that is facilitated, and the activity does not need to actually be carried out.
Sentencing note
The terrorism provisions also include a consecutive-sentencing rule in s. 83.26. That is a sentence-structure rule, not a separate offence.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Knowledge
The accused knew they were facilitating a terrorist activity in a general sense — though the Crown need not prove the accused knew which particular terrorist activity was being facilitated (s.83.19(2)(a)).
Act of facilitation
The accused did something that helped make a terrorist activity possible or easier to carry out — facilitation is interpreted broadly and does not require direct participation in the activity itself.
No requirement the activity was specifically planned
The Crown does not need to prove that any particular terrorist activity was foreseen or planned at the time of the facilitating act (s.83.19(2)(b)).
No requirement the activity actually occurred
The Crown does not need to prove that a terrorist activity was actually carried out as a result of the facilitation (s.83.19(2)(c)) — the offence is complete on the facilitating conduct itself.
Connection to a 'terrorist activity' as defined
What was facilitated must fall within the Criminal Code's definition of 'terrorist activity' in s.83.01(1) (e.g., an act intended to intimidate the public or compel a government/organization to act, done for a political, religious, or ideological purpose, that causes or risks serious harm).
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Knowingly facilitating a terrorist activity — s. 83.19
IndictableNo mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Facilitating Terrorist Activity — s.83.19
Section 83.19 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence, including that the accused knowingly facilitated a terrorist activity. Facilitation can still be proven even if the accused did not know the specific terrorist activity, no specific activity was foreseen or planned at the time, or no terrorist activity was ever actually carried out — that describes how far the offence reaches, not a defence.
Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence, including whether the conduct meets the Criminal Code definition of terrorist activity. This is general legal information, not legal advice.
Application / Scope
Limits on “terrorist activity” — s. 83.01
Section 83.19 depends on the definition of “terrorist activity” in section 83.01, and that definition has built-in limits. It "does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict", or certain activities of a state's armed forces carried out under other rules of international law. For conduct said to disrupt an essential service, the definition also excludes anything happening "other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C)" — in plain terms, lawful protest, advocacy, dissent, or a work stoppage is not terrorist activity unless it is meant to cause death, serious bodily harm, danger to life, or a serious risk to public health or safety.
Section 83.01(1.1) adds that "the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition terrorist activity in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph" — simply holding or voicing a political, religious, or ideological view is not, by itself, terrorist activity.
If the conduct behind a facilitation charge falls within one of these limits, it does not meet the legal definition that section 83.19 depends on. The Crown still has to prove every other part of the offence.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
- Terrorism Glossary entry →
An offence motivated by “a political, religious or ideological purpose, objective or cause" with the intention of intimidating the public. Activities within this context include the use of violence, endangering the health and safety of the public and interference with essential services, facilities or systems.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
-
Criminal Code s. 83.19 Facilitating terrorist activitySource current to: 2026-05-26View official source ↗
-
Criminal Code s. 83.01 Definitions — "terrorist activity" and "facilitation"Source current to: 2026-05-26View official source ↗
-
Criminal Code s. 83.26 Consecutive sentences for terrorism offencesSource current to: 2026-05-26View official source ↗
Government References
Find a Criminal Defence Lawyer Near You
If you or someone you know is facing criminal charges, a criminal defence lawyer can review the situation and explain the options.
Search the Lawyer DirectoryCriminal Code Help does not endorse or recommend specific lawyers.
Report an inaccuracy or concern about this page
Report an inaccuracy or concern about this page
Report: Facilitating Terrorist Activity
Use this form to report a possible error, outdated information, unclear wording, broken link, or other concern about this page.
General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.