The Anti-terrorism Act

TERRORISM OFFENCES 

Section 83.18 -- "Participation"

Description

Section 83.18(1) makes it an indictable offence punishable by a maximum sentence of 10 years imprisonment where any person "knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of a terrorist group to facilitate or carry out a terrorist activity".

Section 83.18(2) states that the offence may be committed whether or not the accused's participation or contribution actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity, whether or not the terrorist group actually facilitates or carries out a terrorist activity, and whether or not the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Section 83.18(3) sets out a number of examples of activities that constitute participation in or contribution to the activities of a terrorist group. The activities would be caught only if they were done for the purpose of enhancing a terrorist group's ability to facilitate or carry out a terrorist activity. The list is not exhaustive.

Under section 83.18(4), the court may consider, in making a determination as to whether the accused had participated in or contributed to an activity of a terrorist group, factors such as whether the accused: used a name, word, symbol or other representation identifying the terrorist group; frequently associated with the members of the group; received a benefit from a terrorist group; or, repeatedly engaged in activities at the instruction of a member of the group. Such factors are not, however, by themselves necessarily proof that the accused had participated in an activity caught by the offence. As well, the specific purpose of enhancing a terrorist group's ability must be proven, in addition to such participation being proven.

Rationale

The definition of what constitutes "participation" in the activities of terrorist groups is broad enough to catch any activity that is carried out for the purpose of enhancing the ability of terrorist groups, or individuals to carry out terrorist ends. As such, this provision captures "sleepers", the terrorists or their supporters whose participation is, at that point, primarily for the purpose of being ready to carry out further instructions, but only if their actions can be shown to be for the purpose of enhancing a terrorist group's ability to engage in terrorist activity.

While the U.K. and Australia have criminalized simple membership in a terrorist group, the United States, New Zealand and other countries have not done so.

The state is required to bear a substantial burden in prosecuting those who participate in the activity of a terrorist group as shown by the requirement to establish the specified specific intent ("for the purpose of enhancing"). There is no offence unless the participation is shown to be for the purpose of enhancing the ability of the terrorist group to facilitate or carry out a terrorist activity.

Section 83.19 -- "Facilitation"

Description

Section 83.19(1) makes it an indictable offence for any person to knowingly facilitate a "terrorist activity", punishable by a maximum penalty of 14 years imprisonment. Section 83.19(2) specifies that a terrorist activity is facilitated regardless of whether the person knows that a particular terrorist activity is facilitated, foreseen or planned at the time it was facilitated, or actually carried out.

Rationale

Terrorism activities are undertaken in a context where assistance is provided at stages where the details of plans are not finalized. Terrorist plans may be contingent upon some other event that may or may not occur, e.g., preparations to bomb a building in the event that the government of the day undertakes a certain course of action. Moreover, it may be difficult or impossible to demonstrate a clear link either between the assistance provided at a given point in time and a particular terrorist activity, or that the person or group that provided the assistance knew anything other than the general nature of the activity, i.e., terrorist activity, at the time the assistance was provided.

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Updated to April 1, 2008.