Terrorism Offences (Sentencing)

From Criminal Law Notebook
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General Principles

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

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

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) 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.


CCC