Miscellaneous Provisions Relating to Terrorism Offences
| This page was last substantively updated or reviewed January 2020. (Rev. # 93977) |
Legislation
- Offences — freezing of property, disclosure or audit
83.12 (1) Every person who contravenes any of sections 83.08 [freezing of property], 83.1 [mandatory disclosure by citizens of information re terrorist property] and 83.11 [mandatory audit by corps for possession of terrorist property] is guilty of an offence and liable
- (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
- (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.
(2) [Repealed, 2013, c. 9, s. 5]
2001, c. 41, s. 4; 2013, c. 9, s. 5; 2019, c. 25, s. 18.
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- Proceedings and Aggravated Punishment
- Attorney General’s consent
83.24 Proceedings in respect of a terrorism offence or an offence under section 83.12 [offences — freezing of property, disclosure or audit] shall not be commenced without the consent of the Attorney General.
2001, c. 41, s. 4.
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- Jurisdiction
83.25 (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.
- Trial and punishment
(2) An accused may be tried and punished in respect of an offence referred to in subsection (1) [jurisdiction to prosecute terrorism offences] in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.
2001, c. 41, s. 4.
- Sentences to be served consecutively
83.26 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 [financing of terrorism offences] and 83.18 to 83.23 [participating, facilitating, instructing and harbouring terrorist offences] shall be served consecutively to
- (a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and
- (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.
2001, c. 41, s. 4.
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- 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.
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- Investigative Hearing
- Definition of judge
83.28 (1) In this section and section 83.29 , judge means a provincial court judge or a judge of a superior court of criminal jurisdiction.
- Order for gathering information
(2) Subject to subsection (3) , a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.
- Attorney General’s consent
(3) A peace officer may make an application under subsection (2) only if the Attorney General’s prior consent was obtained.
- Making of order
(4) The judge to whom the application is made may make an order for the gathering of information if they are satisfied that the Attorney General’s consent was obtained as required by subsection (3) , and
- (a) that there are reasonable grounds to believe that
- (i) a terrorism offence has been committed,
- (ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order, and
- (iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means; or
- (b) that
- (i) there are reasonable grounds to believe that a terrorism offence will be committed,
- (ii) there are reasonable grounds to believe that a person has direct and material information that relates to the offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit the offence referred to in that subparagraph, and
- (iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means.
- Contents of order
(5) An order made under subsection (4) shall order the examination, on oath or not, of the person named in the order and require the person to attend at the place fixed by the judge, or by the judge designated under paragraph (b), as the case may be, for the examination and to remain in attendance until excused by the presiding judge, and may
- (a) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;
- (b) designate another judge as the judge before whom the examination is to take place; and
- (c) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.
- Execution of order
(6) The order may be executed anywhere in Canada.
- Variation of order
(7) The judge who made the order, or another judge of the same court, may vary its terms and conditions.
- Obligation to answer questions and produce things
(8) A person named in an order made under subsection (4) shall answer questions put to them by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to privilege or to disclosure of information.
- Judge to rule
(9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.
- No person excused from complying with subsection (8)
(10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate them or subject them to any proceeding or penalty, but
- (a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against them, other than a prosecution under section 132 or 136; and
- (b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against them, other than a prosecution under section 132 or 136.
- Right to counsel
(11) A person has the right to retain and instruct counsel at any stage of the proceedings.
- Order for custody of thing
(12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, may order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.[repealed by Act re National Security Amendments on June 21, 2019]
2001, c. 41, s. 4; 2013, c. 9, s. 10.