QUICK TAKEAWAY
Participation in a Terrorist Group: There are almost 80 terrorist entitiesGroups facilitating or carrying out of terrorist activities (Public Safety Canada - Currently listed entities) listed under the Criminal Code. These entities can include a person, group, trust, partnership or fund or an unincorporated association or organization. Once an entity is listed, it considered to be a "terrorist group," according to a Department of Justice (DoJ) statement (Government of Canada lists four new terrorist entities,) explaining that the listing of terrorist entities sends "a strong message that Canada will not tolerate this type of activity, and will do everything in its power to counter the ongoing threat to Canada's national security and its citizens." According to s.83.18 (1) of the Code, if you knowingly participate in or contribute to any activity of a terrorist group you could be liable to imprisonment for up to 10 years. You can be charged even if no terrorist activity takes place or if you did not actually enhance the group's ability to carry out the offence.
Table of Contents:
What is Participation in Activity of a Terrorist Group?
Canada amended the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime Act and a number of other acts, passing the Anti-terrorism Act (ATA) following the 9/11 terrorist attacks in 2001. The Code defines terrorismAn offence aimed at intimidating the public as an effort committed "in whole or in part for a political, religious or ideological purpose, objective or cause" with the intention of intimidating the public.
According to the Code, 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; or
- causes serious interference with or serious disruption of an essential service, facility or system, whether public or private.
The Government of Canada states that acts of terrorism threaten Canada's political institutions along with the stability of the economy and the welfare of the nation.
Enacted in December 2001, the ATA has four objectives:
- to prevent terrorists from getting into Canada and protect Canadians from terrorist acts:
- to activate tools to identify, prosecute, convict and punish terrorists;
- to keep the Canada-U.S. border secure and a contributor to economic security; and
- to work with the international community to bring terrorists to justice and address the root causes of violence.
Terrorism offences are covered in PART II.1 of Offences Against Public Order and include a number of crimes such as participation in the activity of terrorist group, dealt with by s.83.18 (1). If you knowingly participate in or contribute to any activity of a terrorist group for the purpose of enhancing the ability of that group to facilitate or carry out an act of terrorism, you can face charges. Your activity can direct or indirect and it does not matter if the terrorist activity is carried out. You also do not have to know the specific nature of the terrorist activity.
Participating in the activities of a terrorist group includes:
- providing, receiving or recruiting a person to receive training;
- providing or offering a skill or an expertise for the benefit of a terrorist group;
- recruiting a person in order to facilitate or commit a terrorism offence or to commit a terrorist act outside Canada;
- entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; or
- making yourself available to facilitate or commit a terrorism offence, or a terrorist act outside.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must establish the crime constitutes terrorist activity and you knowingly participated to win a conviction. The Crown must demonstrate that your participation in the offence was motivated by “a political, religious or ideological purpose, objective or cause.” According to the Criminal Code, in determining whether you participated to any activity of a terrorist group, the court may consider whether you:
- used a name, word, symbol or other representation that identifies with, the terrorist group;
- frequently associated with the terrorist group;
- received any benefit from the organization; or
- repeatedly engaged in activities at the instruction anyone within the terrorist group.
Treated as an Indictable Offence
If you have been charged with participation in the activity of a terrorist group the prosecutor will proceed as an indictable offenceIndictable offences are more-serious criminal offences. Indictable offences are reserved for serious crimes, such as murder, and include severe prison sentences upon conviction.
Penalty for Participation in Activity of a Terrorist Group
If you are convicted of participation in the activity of a terrorist group you can expect to be sent to prison for up to 10 years. That is not the only penalty. According to the Department of Justice, once an entity, including an individual, is listed and considered to be a “terrorist group” that entity’s property is automatically frozen.
All prison sentences for any terrorism conviction 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 term.
A conviction will also result in collection of your DNA, which will be held in the DNA Data Bank.
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Kitchen Simeson Belliveau Llp
Mark Jacula - Criminal Lawyer
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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.
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.
