Warrant to Seize Terrorist Propaganda Publications

This page was last substantively updated or reviewed January 2020. (Rev. # 96008)

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Legislation

Warrant of seizure

83.222 (1) A judge who is satisfied by information on oath that there are reasonable grounds to believe that any publication, copies of which are kept for sale or distribution in premises within the court’s jurisdiction, is terrorist propaganda may issue a warrant authorizing seizure of the copies.

Summons to occupier

(2) Within seven days after the day on which the warrant is issued, the judge shall issue a summons to the premises’ occupier requiring the occupier to appear before the court and to show cause why the matter seized should not be forfeited to Her Majesty.

Owner and author may appear

(3) The owner and the author of the matter seized and alleged to be terrorist propaganda may appear and be represented before the court in order to oppose the making of an order for the forfeiture of the matter.

Order of forfeiture

(4) If the court is satisfied, on a balance of probabilities, that the publication is terrorist propaganda, it may make an order declaring that the matter be forfeited to Her Majesty, for disposal as the Attorney General may direct.

Disposal of matter

(5) If the court is not satisfied that the publication is terrorist propaganda, it may order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

Appeal

(6) An appeal lies from an order made under subsection (4) [counselling commission of terrorism offence – order of forfeiture] or (5) [counselling commission of terrorism offence – disposal of matter] by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)], and sections 673 to 696 [appeal of indictable offences, including to SCC] apply with any modifications that the circumstances require.

Consent

(7) No proceeding under this section shall be instituted without the Attorney General’s consent.

Definitions

(8) The following definitions apply in this section.
"court" has the same meaning as in subsection 320(8) [warrant of seizure – definitions]. (tribunal)
"judge" has the same meaning as in subsection 320(8) [warrant of seizure – definitions]. (juge)
"terrorist propaganda" means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)

2015, c. 20, s. 16; 2019, c. 13, s. 144.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Order to computer system’s custodian

83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to

(a) give an electronic copy of the material to the court;

(b) ensure that the material is no longer stored on and made available through the computer system; and

(c) provide the information that is necessary to identify and locate the person who posted the material.

Notice to person who posted material

(2) Within a reasonable time after receiving the information referred to in paragraph (1)(c) [order to computer system's custodian – identifying info], the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system’s custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

Person who posted material may appear

(3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5) [order to computer system's custodian – order of deletion].

Non-appearance

(4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

Order of deletion

(5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.

Destruction of electronic copy

(6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

Return of material

(7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b) [order to computer system's custodian – est. no longer stored].

Appeal

(8) An appeal lies from an order made under subsection (5) [order to computer system's custodian – order of deletion] or (6) [order to computer system's custodian – destruction of electronic copy] by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)], and sections 673 to 696 [appeal of indictable offences, including to SCC] apply with any modifications that the circumstances require.

Consent

(9) No proceeding under this section shall be instituted without the Attorney General’s consent.

When order takes effect

(10) No order made under any of subsections (5) to (7) [order to computer system's custodian – destruction of copy] takes effect until the time for final appeal has expired.

Definitions

(11) The following definitions apply in this section.
"computer data" has the same meaning as in subsection 342.1(2) [unauthorized use of computer – definitions]. (données informatiques)
"computer system" has the same meaning as in subsection 342.1(2) [unauthorized use of computer – definitions]. (ordinateur)
"court" has the same meaning as in subsection 320(8) [warrant of seizure – definitions]. (tribunal)
data[Repealed, 2015, c. 20, s. 35]
"judge" has the same meaning as in subsection 320(8). (juge)
"terrorist propaganda" has the same meaning as in subsection 83.222(8) [counselling commission of terrorism offence – definitions]. (propagande terroriste)

2015, c. 20, ss. 16, 35.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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