INTRODUCTION AND BRIEF DESCRIPTION
This section defines participating in or contributing to an activity of a terrorist group.
SECTION WORDING
83.18 (3) Participating in or contributing to an activity of a terrorist group includes (a) providing, receiving or recruiting a person to receive training; (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; (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; (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and (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.
EXPLANATION
Section 83.18(3) of the Criminal Code of Canada provides a comprehensive definition of what activities constitute participating in or contributing to the operations of a terrorist group. This section outlines several behaviors that are considered to be direct support for a terrorist organization, including providing or receiving training, recruiting individuals to carry out acts of terrorism, offering skills or expertise, traveling abroad for the benefit of a terrorist group, and making oneself available to carry out or facilitate terrorist activities. By defining these activities as contributing to the operations of a terrorist group, law enforcement agencies are able to better identify and stop individuals who may be providing direct or indirect support to these organizations. The inclusion of behaviors such as recruitment, travel, and skills sharing is particularly important, as these actions allow terrorist groups to expand their reach and capabilities, making them more dangerous and harder to track. It is also worth noting that this section of the Criminal Code of Canada applies not only to individuals who carry out these activities themselves but also to those who encourage or facilitate others to engage in these behaviors. This broader definition is important because it allows law enforcement to crack down on not only high-level operatives but also any individual who is contributing to the operations of a terrorist group in any capacity. Overall, section 83.18(3) of the Criminal Code of Canada is an essential tool in the fight against terrorism, as it allows law enforcement to take action against individuals who are supporting and facilitating the operations of these dangerous groups. By providing a clear definition of what actions are considered to be contributing to the operations of a terrorist group, this section helps keep Canadians safer by allowing authorities to stop these organizations before they can do harm.
COMMENTARY
Section 83.18(3) of the Criminal Code of Canada is concerned with outlining the various activities that constitute participation or contribution to an activity of a terrorist group. The section outlines five distinct actions that can be deemed to be part of an individual's involvement with a terrorist group. The activities listed herein range from purely supportive in nature, such as providing funding or offering specialized skills, to active involvement in planning and carrying out terrorist acts. This section is particularly important because it provides a clear definition of what is considered a terrorist activity under Canadian law. This ensures that the law can be applied uniformly, and that those who engage in such activities can be properly prosecuted. One of the key elements of the section is that it underscores the importance of training in terrorism. Subsection (a) highlights that providing, receiving or recruiting a person to receive training is a criminal activity. This is significant because it recognizes that terrorist groups require trained individuals to effectively plan and carry out their terrorist activities. Furthermore, it suggests that such training is not limited to purely military training but can range from courses to teach bomb-making to other dangerous activities. Subsection (b) focuses on the provision of specialized expertise to a terrorist group. This statement indicates that the Canadian Criminal Code acknowledges that terrorist organizations require specialized professionals (such as lawyers and accountants) as well as individuals who possess unique technical skills to successfully plan and execute their actions. Subsection (c) focuses on recruiting a person with the intent to commit a terrorism offence or prompting an individual to carry out an offence. In this subsection, the wording of the code is quite broad in that it covers activities conducted outside Canada that may be considered terrorism offences under Canadian law. Therefore, this section has a global reach, extending the definition of a terrorism offence even beyond Canadian borders. Subsection (d) concerns itself with individuals who enter or remain in a foreign country, acting at the direction of or in association with a terrorist group. A key phrase in this section is for the benefit of," which highlights the importance of context in assessing a person's involvement with a terrorist group. Finally, subsection (e) includes the provision that a person cannot be considered a passive member of a terrorist group if they follow their instructions. This section recognizes that even people who may not be directly involved in terrorist activities can still aid and abet terrorist organizations by doing what they can to further the goals of such an organization. Overall, section 83.18(3) is important in ensuring that those who engage in terrorist activities can be dealt with by Canadian law enforcement authorities. It provides a clear definition of what constitutes a terrorism offence, and it ensures that the law can be applied uniformly. The wide range of activities detailed within the section, from receiving training to providing specialized skills, emphasizes the importance of understanding the many ways in which individuals can support and ultimately carry out terrorist activities. The code ensures that anyone found participating or contributing to the activities of a terrorist group can be duly prosecuted under Canadian law and serves as an important instrument to safeguard Canadians from both domestic and international terrorism.
STRATEGY
Section 83.18(3) of the Canadian Criminal Code lays down the definition of the participation and contribution to an activity of a terrorist group. The provisions in this section are intended to prevent individuals from supporting, facilitating, or recruiting for terrorist groups. In today's reality of heightened global terrorism threats, it is vital for law enforcement agencies to employ strategies that will effectively counter the threat of terrorism while also ensuring compliance with section 83.18(3) of the Criminal Code. One of the significant strategic considerations for dealing with this section of the Criminal Code is the prevention of radicalization. Radicalization is the process through which an individual turns to violent extremism. This process involves a combination of personal, political, and societal factors, including the perceived marginalization of an individual or community, exposure to extremist ideology, and propaganda from terrorist organizations. A strategic approach to preventing radicalization could include community-level interventions, such as targeting youth at risk of being recruited, increasing awareness of the radicalization process, and promoting intercultural dialogue. Another strategic consideration is related to intelligence gathering. The effective gathering and analysis of intelligence are paramount in detecting and disrupting terrorist activities. To this end, intelligence agencies must adopt a multi-dimensional approach to intelligence collection, including the development of human sources, the use of signal intelligence, and the monitoring of the internet and social media platforms. It is also essential to coordinate intelligence sharing between domestic and international agencies to facilitate the dissemination of information and collaboration in counter-terrorism strategies. Law enforcement agencies must also adopt a preventive approach in dealing with this section of the Criminal Code. This approach involves proactively identifying and assessing the potential threat posed by individuals or groups, analyzing their motivations and capabilities, and intervening before they have a chance to carry out attacks. The use of advanced surveillance technologies, such as drones and closed-circuit television cameras, can supplement more traditional policing methods in preventing terrorist acts. Effective border controls are another strategic consideration for dealing with terrorism. The entry and exit of individuals, weapons, and information are often critical components in the facilitation of terrorist activities. Effective border controls can help identify and prevent the movement of individuals and materials that pose a threat to national security. This strategy could include the screening of passengers, checking of passports, and the deployment of full-body scanners and biometric systems. Finally, it is important to employ strategies that promote international cooperation in dealing with terrorism. International terrorism networks operate seamlessly across borders and jurisdictions. By working together, we may be able to develop a more coordinated approach to disrupting their activities. This could include the development of joint task forces, information sharing agreements, and the establishment of regional training centers for law enforcement agencies. Additionally, countries must work together to counter the rhetoric and propaganda of terrorist organizations, emphasizing cross-cultural understanding and tolerance. In conclusion, dealing with section 83.18(3) of the Criminal Code requires a comprehensive approach. Strategies must promote prevention, intelligence gathering, and international cooperation while also safeguarding individual rights. By adopting such an approach, we can effectively curtail the threat posed by terrorist groups, ultimately enhancing the safety and security of our communities.