section 86(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the punishment for those who commit an offence under subsections (1) or (2) of section 86 of the Criminal Code of Canada.

SECTION WORDING

86(3) Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment (i) in the case of a first offence, for a term not exceeding two years, and (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 86(3) of the Criminal Code of Canada relates to the offence of advocating genocide. This section outlines the penalties that will be imposed on individuals who engage in this abhorrent behaviour. Advocating genocide is a serious offence that involves inciting hatred against a particular group of people based on their race, nationality, religion, ethnicity, or other characteristic, and calling for their destruction. The offence is divided into two parts, with subsection (1) covering public incitement of hatred and subsection (2) covering the wilful promotion of genocide. Under section 86(3), individuals who commit an offence under subsection (1) or (2) can be charged with an indictable offence and may face imprisonment. The length of the sentence will depend on whether it is a first offence or a subsequent offence. Those convicted of a first offence can be imprisoned for a term not exceeding two years while those convicted of a subsequent offence may face a term of imprisonment not exceeding five years. Alternatively, individuals may be charged with an offence punishable on summary conviction, which carries a lesser penalty. The specifics of the punishment will depend on the severity of the offence, but generally, a summary conviction offence can result in a fine, probation, community service, or imprisonment for a term of six months or less. Overall, section 86(3) serves as a deterrent against the promotion of hatred and the incitement of violence against a particular group of people. It sends a strong message that such behaviour will not be tolerated in Canadian society and that those who engage in it will face serious legal consequences.

COMMENTARY

Section 86(3) of the Criminal Code of Canada deals with the offence of participating in the activities of a terrorist group or facilitating such activities. This section reflects the Canadian government's efforts to prevent and combat terrorism, which is a global security concern. The section specifies the penalties for offences under subsection (1) or (2) and provides different sentences based on the number of offences committed. The first thing to note about this section is that it classifies the offence as an indictable offence, which means that it is a more serious offence in the Canadian criminal justice system. This is because the offence is associated with acts that threaten the security of the nation and its citizens. The penalty for a first offence is a term not exceeding two years, while a second or subsequent offence can result in a term not exceeding five years. The sentences are different based on the number of offences committed because the justice system recognizes that individuals who commit the same offence multiple times pose a greater threat to society. The second thing to note is that the section provides for summary conviction as an option for lesser offences. Summary conviction is a less severe penalty that allows the accused to be tried and sentenced more quickly. This is an important provision because it helps to expedite justice in cases where the offence is less serious or when the evidence against the accused is not as strong. Another important aspect of this section is that it focuses on the act of participation or facilitation within a terrorist group, rather than solely on the act of committing a terrorist act itself. This is significant because it allows authorities to take action before a terrorist act occurs, rather than simply reacting after the fact. By targeting those who support terrorism, whether financially or otherwise, this section supports the government's efforts to prevent acts of terrorism and disrupt the networks that enable them. Overall, Section 86(3) of the Criminal Code of Canada reflects Canada's commitment to combating terrorism and protecting its citizens. The penalties outlined in this section are proportionate to the seriousness of the offence, and the provision for summary conviction ensures that justice is served quickly and efficiently. By focusing on the act of participation or facilitation, rather than just the act of terrorism itself, this section recognizes the importance of disrupting the networks that support terrorist organizations. As such, it is an essential tool for Canadian law enforcement agencies in their efforts to keep Canadians safe from the threat of terrorism.

STRATEGY

Section 86(3) of the Criminal Code of Canada addresses the offence of advocating or promoting the commission of terrorism offences. In recent years, authorities have implemented measures to prevent individuals from engaging in terrorist activities and promoting terrorist ideologies. Law enforcement agencies and other stakeholders have developed strategies to effectively enforce Section 86(3) while respecting individual rights. One important strategic consideration when dealing with Section 86(3) is the need to differentiate between those who pose a credible threat and those who do not. Authorities must tread carefully to avoid violating individual freedom of expression and the Charter rights of Canadians. This means that investigative measures and interventions must be targeted and focused to avoid overreach and unnecessary infringement on individual rights. Another strategy that could be employed is the use of advanced surveillance technologies to monitor communications and activities of individuals who may be advocating or promoting terrorism offences. Advanced technologies such as facial recognition, social media monitoring, and digital forensic tools can be utilized to track and monitor terrorist activities and networks. These technologies can also aid in intelligence gathering and analysis, enabling authorities to intervene before any violent acts are committed. Collaboration between law enforcement agencies and community stakeholders is another important strategy for dealing with Section 86(3). By forging partnerships with community organizations, religious groups, and other local stakeholders, authorities can gain insights into extremist groups and their ideologies. This type of collaboration can also foster trust and understanding between law enforcement and local communities, helping to prevent radicalization and promote social cohesion. In addition, law enforcement agencies can leverage the power of public awareness campaigns to educate citizens about the dangers of terrorism and the need to remain vigilant. These campaigns can be highly effective when they are designed to reach specific audiences and tailored to the unique cultural and social contexts of diverse communities. Finally, it is important to ensure that those who are successfully prosecuted under Section 86(3) receive appropriate sentences that serve as a deterrent to others who may engage in similar activities. Sentencing strategies must balance the need for punishment with the need for rehabilitation and reintegration into society. This requires collaboration between the justice system, community organizations, and mental health professionals to provide appropriate support and resources to enable individuals to overcome extremist ideologies and reintegrate into society. In conclusion, the enforcement of Section 86(3) requires a multifaceted approach that balances the needs of public safety with individual rights and freedoms. The strategic considerations outlined above provide a framework for effective enforcement that focuses on intelligence gathering, community engagement, targeted interventions, and appropriate sentencing. By employing these strategies, law enforcement agencies can successfully enforce Section 86(3) and prevent terrorist activities while upholding the values and principles of a free and democratic society.