The Anti-terrorism Act

TERRORISM OFFENCES 

Section 83.23 -- "Harbouring or Concealing"

Description

Section 83.23 creates an offence with respect to harbouring or concealing a person known to have carried out, or who is likely to carry out, a terrorist activity for the purpose of enabling the person to facilitate or carry out a terrorist activity. It is punishable by a maximum sentence of 10 years imprisonment. (This offence can apply both before and after a terrorist activity takes place.)

In terms of criminal law standards, this offence requires a high level of subjective fault in the form of both subjective knowledge that a person has or is likely to carry out a terrorist activity, and that the accused provide assistance in the form of harbouring or concealing for the purpose of enabling the person to facilitate or carry out the terrorist activity.

Rationale

The harbouring offence addresses the situation where the harbouring or concealing is not done for the purpose of enabling escape, but rather to assist in carrying out or facilitating a terrorist activity. The harbouring or concealing can occur either before or after the commission of any terrorist activity.

Sections 83.26, 83.27 and 743.6(1.2) -- "Punishment, Sentencing and Parole"

Description

Section 83.26 provides that sentences imposed for certain terrorism offences, other than a sentence of life imprisonment, have to be served consecutively to any other sentence arising out of the same event or series of events or to any other sentence that the person is already subject for an offence under any of these provisions. The offences involved are those under sections 83.02 to 83.04 and 83.18 to 83.23.

Section 83.27 provides that a person convicted of an indictable offence that does not have a minimum sentence of life imprisonment, can be liable to imprisonment for life where the act constituting the offence also constitutes a terrorism offence.

Section 743.6(1.2) of the Criminal Code requires that the judge impose parole ineligibility equivalent to one half of the sentence or 10 years, whichever is less, in respect of terrorism offences, unless the Court is satisfied that such a disposition is not required. The ordinary period of parole eligibility is after one third of the sentence has been served with day parole being available 6 months before such eligibility.

Rationale

Individuals convicted of these offences would have facilitated or carried out a terrorist activity or would have intentionally assisted a terrorist group. They would have known the nature of the very serious harm to society that they were themselves causing or the exceptionally harmful nature of the terrorist group they were assisting. Whatever the degree of their knowing involvement, they would have played an important part in the carrying out of terrorist activity.

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Updated to April 1, 2008.