What is a terrorist activity?

August 01, 2011 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: News, Avoiding 'Charity' Scams

A terrorist activity under the Criminal Code of Canada is dealt with in section 83.01.

Criminal Code of Canada

83.01 (1)

• “terrorist activity”
« activité terroriste »
“terrorist activity” means
o (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:
? (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,
? (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,
? (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,
? (iv) the offences referred to in subsection 7(3.1) that implement theInternational Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,
? (v) the offences referred to in subsection 7(3.4) or (3.6) that implement theConvention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,
? (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,
? (vii) the offences referred to in subsection 7(2.1) that implement theConvention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,
? (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement theProtocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,
? (ix) the offences referred to in subsection 7(3.72) that implement theInternational Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and
? (x) the offences referred to in subsection 7(3.73) that implement theInternational Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or
o (b) an act or omission, in or outside Canada,
? (i) that is committed
? (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
? (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and
? (ii) that intentionally
? (A) causes death or serious bodily harm to a person by the use of violence,
? (B) endangers a person’s life,
? (C) causes a serious risk to the health or safety of the public or any segment of the public,
? (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
? (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

“terrorist group”
« groupe terroriste »
“terrorist group” means
o (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or
o (b) a listed entity,
and includes an association of such entities.
(1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition “terrorist activity” in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.
(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.

FINANCING OF TERRORISM
83.02 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out
• (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of “terrorist activity” in subsection 83.01(1), or
• (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
• 2001, c. 41, s. 4.

83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services
• (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or
• (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
• 2001, c. 41, s. 4.

83.04 Every one who
• (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or
• (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
• 2001, c. 41, s. 4.


• 83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(2) An offence may be committed under subsection (1) whether or not
o (a) a terrorist group actually facilitates or carries out a terrorist activity;
o (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or
o (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.
(3) Participating in or contributing to an activity of a terrorist group includes
o (a) providing, receiving or recruiting a person to receive training;
o (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;
o (c) recruiting a person in order to facilitate or commit
? (i) a terrorism offence, or
? (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;
o (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and
o (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit
? (i) a terrorism offence, or
? (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.
(4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused
o (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;
o (b) frequently associates with any of the persons who constitute the terrorist group;
o (c) receives any benefit from the terrorist group; or
o (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.
• 2001, c. 41, s. 4.


• 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
(2) For the purposes of this Part, a terrorist activity is facilitated whether or not
o (a) the facilitator knows that a particular terrorist activity is facilitated;
o (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or
o (c) any terrorist activity was actually carried out.
• 2001, c. 41, s. 4.
83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.
• 2001, c. 41, s. 4.
• 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.
(2) An offence may be committed under subsection (1) whether or not
o (a) the activity that the accused instructs to be carried out is actually carried out;
o (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);
o (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);
o (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;
o (e) a terrorist group actually facilitates or carries out a terrorist activity;
o (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or
o (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.
• 2001, c. 41, s. 4.
• 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.
(2) An offence may be committed under subsection (1) whether or not
o (a) the terrorist activity is actually carried out;
o (b) the accused instructs a particular person to carry out the terrorist activity;
o (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or
o (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.
• 2001, c. 41, s. 4.

83.23 Every one who knowingly harbours or conceals any person whom he or she knows to be a person who has carried out or is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
• 2001, c. 41, s. 4.


Charities Registration (Security Information) Act
S.C. 2001, c. 41, s. 113
Assented to 2001-12-24

• 4. (1) The Minister and the Minister of National Revenue may sign a certificate stating that it is their opinion, based on information, that there are reasonable grounds to believe
o (a) that an applicant or registered charity has made, makes or will make available any resources, directly or indirectly, to an entity that is a listed entity as defined in subsection 83.01(1) of the Criminal Code;
o (b) that an applicant or registered charity made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Codeand the entity was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them; or
o (c) that an applicant or registered charity makes or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code and the entity engages or will engage in terrorist activities as defined in that subsection or activities in support of them.
• Marginal note:Statutory Instruments Act

 

 

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