INTRODUCTION AND BRIEF DESCRIPTION

This section states that someone can be charged with a terrorism offense regardless of whether or not they actually engage in terrorism or know the specifics of a planned terrorist activity.

SECTION WORDING

83.18 (2) An offence may be committed under subsection (1) whether or not(a) a terrorist group actually facilitates or carries out a terrorist activity;(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 7(c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

EXPLANATION

Section 83.18(2) of the Criminal Code of Canada deals with offences related to terrorist activities and their facilitation. The section provides that an offence can be committed under subsection (1) regardless of whether a terrorist group actually facilitates or carries out a terrorist activity. This means that an individual can be charged with a criminal offence related to terrorism if they have participated or contributed to a terrorist group, even if that group has not yet carried out any terrorist activity. Similarly, an individual can be charged for enhancing the ability of a terrorist group to carry out terrorist activities, even if their participation or contribution did not actually lead to any terrorist activity. Finally, an individual can be charged under this section even if they are not aware of the specific nature of terrorist activities that may be facilitated or carried out by a terrorist group. This section is important in ensuring that individuals who are involved with terrorist groups or activities are held accountable for their actions, regardless of their level of involvement or knowledge of the group's plans. It is a part of Canada's efforts to combat terrorism and prevent the facilitation of terrorist activities within its borders. Overall, Section 83.18(2) of the Criminal Code of Canada plays a key role in deterring and punishing individuals involved in terrorism, even if they have not directly participated in a terrorist act.

COMMENTARY

Section 83.18(2) of the Criminal Code of Canada deals with the offence of participating in or contributing to the activities of a terrorist group. The section outlines specific conditions that need not be present for a person to be charged with this offence. This provision is significant for several reasons, including its broad reach, the challenges it poses for prosecutors, and the legal implications of its applicability. First, it is important to note that subsection (1) of Section 83.18 outlines the elements of the offence of participating in or contributing to the activities of a terrorist group. According to this section, a person who knowingly participates in or contributes to a terrorist group's activities is guilty of an indictable offence punishable by imprisonment for a term of up to ten years. Subsection (2) then expands on this by stating that the offence may be committed regardless of whether the terrorist group has actually carried out a terrorist activity or whether the accused's participation or contribution has actually enhanced the ability of the group to carry out such an activity. Moreover, the section states that it is not necessary for the accused to know the specific nature of any terrorist activity that may be facilitated or carried out by the group. The broad reach of Section 83.18(2) is significant as it ensures that the Criminal Code of Canada covers a wide range of situations that could result in harm to individuals and communities within the country. A range of situations could constitute participating in or contributing to the activities of a terrorist group, including providing financial or material support, arranging logistical planning, or carrying out recruitment activities. The provision, therefore, widens the scope of activity that is punishable under the Criminal Code of Canada, providing greater protection to the country's citizens. However, prosecuting individuals under this section may pose several challenges. The fact that there need not be any actual terrorist activity to charge an individual under this provision may lead prosecutors to rely more heavily on intelligence reports and other sources of information. Under such circumstances, the quality and reliability of the evidence may become a matter of concern, as it must be sufficiently robust to sustain a charge under the provision. The defendant could claim that their actions did not contribute to terrorist activities, suggesting that they were instead carrying out legitimate activities that may have supported the aims of the group. Finally, Section 83.18(2) has legal implications. First and foremost, it can be seen as a reflection of the Criminal Code of Canada's commitment to combating terrorism. It represents a robust and determined legal strategy to prevent the activities of terrorist groups within the country. Secondly, the provision may not be enforceable under international law, as it lacks clarity that regards the necessary criteria for what constitutes terrorist groups and the underlying offences that contribute to terrorism. There is a need, therefore, to ensure that the section meets international legal standards to guarantee that the activities of terrorist groups are hindered or halted in Canada. In conclusion, Section 83.18(2) of the Criminal Code of Canada outlines conditions that do not need to be present for a person to be charged with the offence of participating in or contributing to the activities of a terrorist group. Despite the challenges posed in the prosecution of individuals under this provision, it is a reflection of the Criminal Code of Canada's commitment to preventing and combating terrorism. However, international laws that tackle the activities of extremist groups with cross-border reach require more clarity.

STRATEGY

Section 83.18(2) of the Criminal Code of Canada is a provision that makes it an offence to participate in the activities of a terrorist group, regardless of whether the group actually carries out a terrorist activity or not. This provision has significant strategic considerations when dealing with terrorism, and several strategies can be employed to address this offence. One important strategic consideration is the need to balance security with civil liberties. While it is important to prevent terrorist activities, it is equally important to protect the rights and freedoms of citizens. The broad scope of Section 83.18(2) can be used to target not only individuals who engage in violent acts but also those who may have more tenuous connections to terrorist organizations. This makes it important to ensure that law enforcement agencies do not use this provision to infringe on the rights of individuals who are not actual threats. Another strategic consideration is the need to gather evidence. To secure a conviction under Section 83.18(2), prosecutors must provide evidence that an individual has participated in the activities of a terrorist group. This evidence can be difficult to obtain, particularly in cases where the group operates overseas or where the accused has taken steps to conceal their involvement. Law enforcement agencies may need to employ sophisticated monitoring techniques or work with international partners to gather the necessary evidence. One strategy that can be employed to address Section 83.18(2) offences is to focus on prevention. Preventative measures can include programs to address radicalization, outreach to vulnerable communities, and efforts to disrupt the funding of terrorist organizations. These measures can help to reduce the pool of potential recruits for terrorist groups and decrease the likelihood that individuals will engage in illegal activities. Another strategy is to employ intelligence-led policing. By using intelligence gathering techniques to identify potential threats and target activities that are linked to terrorist groups, law enforcement agencies can prioritize their efforts and more effectively allocate resources. This can help to disrupt the activities of terrorist groups and prevent them from carrying out attacks. Finally, international cooperation is essential in addressing Section 83.18(2) offences. In cases where the terrorist group operates overseas, law enforcement agencies must work with their counterparts in other countries to gather evidence and coordinate efforts. This can be challenging due to differences in legal systems and cultural practices, but international cooperation is crucial for ensuring that those who participate in the activities of terrorist groups are held accountable. In conclusion, Section 83.18(2) of the Criminal Code of Canada is a significant provision that can be used to target individuals who participate in the activities of terrorist groups. When dealing with this provision, strategic considerations must be taken into account to ensure that security concerns are balanced with civil liberties, evidence is gathered appropriately, preventative measures are taken, intelligence-led policing is employed, and international cooperation is utilized. By employing these strategies, law enforcement agencies can more effectively address the threats posed by terrorism and protect Canadian citizens from harm.