section 83.231(2)

INTRODUCTION AND BRIEF DESCRIPTION

Offenders of subsection (1) are guilty and can face imprisonment for up to five years or summary conviction.

SECTION WORDING

(2) Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.

EXPLANATION

Section 83.231(2) of the Criminal Code of Canada pertains to the offence of terrorism financing. This provision makes it an offence for any person to participate in or contribute to any activity that supports or facilitates terrorist activities. The law recognizes that terrorist organizations require resources to carry out their activities, and financing is crucial to their operations. Subsection (1) of this provision outlines the specific acts that constitute terrorism financing, including providing property or financial services to a terrorist group or knowing that the property or services provided will be used for terrorist purposes. In other words, individuals cannot provide any direct or indirect means to support terrorism. Subsection (2) then sets out the penalties for persons convicted of terrorism financing. The offence can be punishable as an indictable offence, essentially a more serious crime, which carries a maximum sentence of up to five years in prison. Alternatively, it may be punishable on summary conviction, a less severe type of offence, with a lesser maximum sentence and other consequences. Terrorism financing poses a significant threat to national security and is taken very seriously by Canadian authorities. Therefore, anyone who is found guilty of this offence could face substantial legal and financial penalties, as well as significant social consequences. This law serves as a powerful deterrent for any individual or entity considering financing terrorism in Canada or abroad, ultimately aiming to prevent terrorist organizations from carrying out heinous acts of violence.

COMMENTARY

Section 83.231(2) of the Criminal Code of Canada deals with the offence of providing or collecting property or financial assistance for terrorist purposes. This section is important because it criminalizes activities that fund, support, or facilitate terrorist acts or organizations. According to subsection (1) of this section, a person commits an offence if they knowingly participate in, contribute to, or facilitate any activity of a terrorist group for the purpose of enhancing the ability of the group to carry out a terrorist activity. This activity includes providing or collecting property, including money and other financial assets, with the intention of using it to facilitate or commit a terrorist act. The severity of the punishment for this offence is outlined in subsection (2) of this section. Offenders can be charged with either an indictable offence or an offence punishable on summary conviction. For an indictable offence, the offender can be sentenced to imprisonment for a term not exceeding five years. For an offence punishable on summary conviction, the penalty is at the discretion of the judge, but is generally less than two years. The sentencing provisions under this section are crucial in deterring people from funding terrorist activities. Punishment serves as a warning to others who may consider providing material assistance for terrorist purposes. It shows that the Canadian government is serious about countering terrorism and will hold those responsible accountable for their actions. However, there are some criticisms of this section of the Criminal Code. Some argue that it is too broad and vague, thus having a chilling effect on humanitarian aid and other legitimate activities. The term "terrorist activity" is not defined in the Criminal Code, which means that it is open to interpretation by the courts. This can lead to confusion and inconsistencies in its application. Another criticism is that the section does not explicitly require a mental element of intent, which means that people could be charged for unintentionally providing material assistance for terrorist purposes. This can result in a punishment that does not match the severity of the offence. Overall, Section 83.231(2) of the Criminal Code of Canada is an essential tool in countering terrorism by targeting the financial support systems of terrorist organizations. However, it is important that the section is used appropriately and not to stifle legitimate activities or punish people excessively. The government needs to ensure that the section is clear and defined to avoid any potential confusion and legal challenges.

STRATEGY

Section 83.231(2) of the Criminal Code of Canada deals with the offence of advocating or promoting terrorism, which is a serious offence that carries a potential prison term of up to five years. Some strategic considerations when dealing with this section of the Criminal Code of Canada are outlined as follows: 1) Understanding the Definition of Terrorism: Before one can defend themselves against charges of advocating or promoting terrorism, they must first understand what constitutes terrorism under the Criminal Code of Canada. Terrorism is defined as an act that involves violence or the threat of violence against the public, with the intention of intimidating the government or a particular segment of the public. 2) Hiring Experienced Legal Representation: Advocating or promoting terrorism charges carry significant penalties, and it is essential to seek experienced legal representation to navigate the complex legal system. Criminal defence lawyers with experience handling terrorism-related charges are best placed to defend accused persons. 3) Collecting Evidence: It is essential to gather evidence that can help counter any evidence that the prosecution may present. One way of doing this is by collecting and presenting evidence that contradicts the prosecution's claim that the accused was advocating for or promoting terrorism. 4) Evaluating the Charges: After being charged with the offence of advocating or promoting terrorism, individuals must evaluate the strengths and weaknesses of the case against them. If the case against them is strong, a plea bargain may be worth considering. 5) Preparing a Defence Strategy: A defence strategy is essential in any criminal case, especially in cases involving serious offences such as terrorism. The defence strategy must be founded on a thorough examination of the evidence and must identify the most effective way to challenge the prosecution's case. 6) Cooperating with Law Enforcement: Accused persons must cooperate with law enforcement to the extent allowed by law. However, it is essential to protect one's own legal interests and rights throughout any interaction with law enforcement. 7) Considering Possible Outcomes: It is essential to consider the possible outcomes of a trial or plea bargain, including the impact it may have on the accused person's job, family, reputation, or freedom. Weighing the pros and cons with experienced legal counsel is essential. In conclusion, advocacy or promotion of terrorism is a serious offence, and individuals charged with this crime must take strategic steps to protect their rights and defend their freedom. These steps include engaging legal representation, collecting evidence, evaluating the charges, preparing a defence strategy, cooperating with law enforcement, and considering the possible consequences. With the right legal counsel and a solid defence strategy, accused persons can protect their rights and achieve the best possible outcome in their case.