QUICK TAKEAWAY
Facilitating Terrorist Activity: Following the 9/11 terrorist attacks in 2001, Canada passed the Anti-terrorism Act (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 activity is covered under s.83.19 (1) of the Criminal Code 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.
Table of Contents:
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. 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 ATA states that if you knowingly facilitate a terrorist activity you are guilty of an indictable offence.
Under the Act, 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.
The Act also states that if you leave or attempt to leave Canada with the intent to commit an act of terrorism you can be prosecuted. Terrorism is described in the 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; and
- causes serious interference with or serious disruption of an essential service, facility or system, whether public or private.
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
With any case, it is the Crown’s duty to prove your guilt beyond a reasonable doubtThe standard that must be exceeded to find someone guilty. It is not enough to show you committed the crime. To win a conviction on terrorism charges the prosecutor must establish the crime constitutes terrorist activity and you knowingly participated. To do that, the court must be convinced that your participation in the offence was motivated by “a political, religious or ideological purpose, objective or cause.”
Treated as an Indictable Offence
If you have been charged with facilitating terrorist activity the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown will proceed as an indictable offenceIndictable offences are more-serious criminal offences. Indictable offences are reserved for serious crimes, such as murder, and include harsh prison sentences upon convicted.
Penalties for Facilitating Terrorist Activity
There is no minimum sentence for facilitating terrorist activity. If you have been convicted you could be imprisoned for up to 14 years. It is important to note that your sentence will be served consecutively to any other time in custody you receive for any “offence arising out of the same event or series of events.” The exception would be if you commit a crime that results in a lifetime prison sentence.
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PDT Law
Easton Law
Reynolds O'Brien LLP
Kafka, Kort Barristers
Jeffrey Van De Kleut, Barrister & Solicitor
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
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
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.
