Terrorism Offences (Sentencing)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2020. (Rev. # 84725)

General Principles

The emphasis on sentencing for terrorist offences must be one denunciation and deterrence.[1]

  1. R v Hersi, 2019 ONCA 94 (CanLII), 373 CCC (3d) 229, per Doherty JA, at para 51
    R v Khalid, 2010 ONCA 861 (CanLII), 183 OR (3d) 600, per curiam
    R v Amara, 2010 ONCA 858 (CanLII), 266 CCC (3d) 422, per curiam
    R v Khawaja, 2010 ONCA 862 (CanLII), 103 OR (3d) 321, aff’d 2012 SCC 69, [2012] 3 SCR 555, per curiam

Maximum Life Sentences for Terrorist Activities

Punishment for terrorist activity

83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

Offender must be notified

(2) Subsection (1) [terrorist activity – punishment] does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.
2001, c. 41, s. 4.
[annotation(s) added]


Note up: 83.27(1) and (2)