The Anti-terrorism Act

TERRORISM OFFENCES 

Sections 83.1 to 83.23

The Anti-terrorism Act created new offences set out in sections 83.18 - 83.23 of the Criminal Code (participation, facilitation, instructing and harbouring). These provisions make it a crime to:

• knowingly participate in or contribute to any activity of a terrorist group;
• knowingly facilitate a terrorist activity;
• knowingly instruct anyone to carry out a terrorist activity or a terrorist activity in connection with a terrorist group; and
• knowingly harbour or conceal a person who has carried out or is likely to carry out a terrorist activity.

As a safeguard, these offences require the consent of the Attorney General under section 83.24 to commence proceedings. Sentences are to be served consecutively and parole eligibility can be fixed at one half of the sentence. Moreover, section 83.27 allows for the imposition of a maximum penalty of life imprisonment for any indictable offence that also constitutes terrorist activity, other than for those for which the minimum penalty is already life imprisonment.

The terrorism offences are largely modelled on the organized crime offences which were part of Bill C-24 (An Act to amend the Criminal Code (organized crime and law enforcement), C-32, S.C. 2001). It is important to note that these offences have withstood Charter challenges in R. v. Carrier, [2001] JQ No. 224; R. v. Lindsay, (2004) 20 C.R. (6th) 376 (Ont. S.C.J); and R. v. Beauchamps (No.1) (Quebec S.C., Feb. 11, 2002). However, in December 2005, the B.C. Supreme Court ruled that section 467.13 of the Criminal Code (the leadership/instructing organized crime offence) was unconstitutional, but the B.C. Court of Appeal found that the provision was not constitutionally flawed.  ( R. v. Terezakis 2007 BCCA 384, leave to appeal to the Supreme Court refused, [2007] S.C.C.A. No. 487). It is important to note that the wording of the instruction offence in section 467.13 of the Code and that of the instruction offences created by the ATA are different, in that the terrorism instruction offences do not require, as the organized crime instruction offence does, that the accused be a member of the group.

In March 2004 one individual was charged with participating in the activity of a terrorist group, facilitating a terrorist activity, explosives offences, the commission of offences for a terrorist group, providing property for terrorist purposes and instructing another person to carry out an activity for the benefit of a terrorist group. His trial has been delayed, pending a number of legal challenges. In 2006, Canadian police charged several suspects with terrorism related offences in the Toronto area.

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Updated to April 1, 2008.