section 7(3.73)

INTRODUCTION AND BRIEF DESCRIPTION

This section deals with actions outside of Canada that would constitute an offense against section 83.02, and deems those actions to have been committed in Canada under certain circumstances.

SECTION WORDING

7(3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament; (b) the act or omission is committed on an aircraft (i) registered in Canada under regulations made under the Aeronautics Act, or (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations; (c) the person who commits the act or omission (i) is a Canadian citizen, or (ii) is not a citizen of any state and ordinarily resides in Canada; (d) the person who commits the act or omission is, after its commission, present in Canada; (e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act; (f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or (g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.

EXPLANATION

Section 7(3.73) of the Criminal Code of Canada relates to the extraterritorial application of Canada's anti-terrorism laws. Essentially, this section establishes that if an individual, who is either a Canadian citizen or ordinarily resides in Canada, commits an act or omission outside of Canada that would be considered a terrorist offence under Canadian law, they can be charged and tried for that offence in Canada as if it had occurred within the country's borders. There are several conditions that must be met for this section to apply, such as if the act was committed on a Canadian-registered aircraft or ship, or if the individual is present in Canada after committing the act. The section also specifies that if the act was committed for the purpose of compelling the Canadian government to do or refrain from doing something, or if it was against a Canadian government or public facility located outside of Canada, it can also be prosecuted in Canada. This provision is designed to ensure that Canadian authorities have the ability to investigate and prosecute individuals who engage in terrorist activities abroad that are linked to Canada or pose a threat to Canadian security. It also helps to ensure that individuals cannot simply escape punishment by committing such offences outside of Canada's jurisdiction. Overall, this section of the Criminal Code serves as an important tool for combating terrorism and maintaining public safety both in Canada and abroad.

COMMENTARY

Section 7(3.73) of the Criminal Code of Canada relates to the extraterritorial application of Canadian law in cases where acts or omissions are committed outside Canada. This provision allows Canadian authorities to prosecute those who commit offenses that are punishable under Canadian law, even if they are committed abroad. Specifically, this section applies to offenses against section 83.02 of the Criminal Code, which relates to terrorism offenses. The section sets out a number of criteria that must be met for Canadian authorities to have jurisdiction over an offense committed outside Canada. These include the nationality or residence of the perpetrator, the place where the offense was committed, and the purpose of the offense. The provision is intended to ensure that those who commit offenses against Canada or its citizens are not able to evade justice by committing these offenses abroad. The provisions of Section 7(3.73) are consistent with Canada's international obligations to combat terrorism, including the United Nations Security Council's resolutions on counter-terrorism. Canada has a duty to prevent and combat terrorism, and this includes taking action against those who commit offenses abroad that are intended to harm Canadian citizens or interests. One challenge in applying this provision is the fact that some countries may not cooperate with Canada in prosecuting offenses that have been committed on their territory. This may make it difficult to gather evidence or apprehend suspects. It may also be difficult to ensure a fair trial if the offense occurred in a country with a different legal system or where human rights are not respected. Another challenge with this provision is that it may be difficult to define what constitutes an offense that is punishable under Canadian law. This is particularly true given the complex and evolving nature of terrorism and the various forms that it can take. It may be difficult to determine whether an offense that was committed outside Canada was intended to harm Canadian interests or citizens. Despite these challenges, the extraterritorial application of Canadian law in cases related to terrorism is an important tool in the fight against terrorism. It sends a strong message that those who seek to harm Canada or its citizens will be prosecuted to the fullest extent of the law, no matter where they commit their offenses. This provision reinforces the idea that terrorism is a global threat that requires a coordinated global response. In conclusion, Section 7(3.73) of the Criminal Code of Canada is an important provision that allows Canadian authorities to prosecute those who commit offenses related to terrorism outside of Canada. It is consistent with Canada's international obligations to combat terrorism and helps to ensure that those who seek to harm Canadian interests or citizens are held accountable for their actions. However, the provision also presents some challenges, including the need for international cooperation and the difficulty of defining what constitutes an offense under Canadian law.

STRATEGY

Section 7(3.73) of the Criminal Code of Canada is a provision that allows the Canadian government to prosecute individuals for terrorism-related offences committed outside of Canada. This provision is critical in ensuring that Canada can effectively respond to and prevent acts of terrorism that may have a significant impact on Canadian citizens, the Canadian government, and public facilities outside of Canada. However, when dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account, and various strategies that could be employed to ensure effective enforcement of this law. One critical strategic consideration when dealing with this provision is the inherent complexity of prosecuting individuals who have committed terrorism-related offences outside of Canada. In many cases, evidence may be difficult to obtain, and there may be significant logistical challenges involved in bringing suspects to trial. To address these challenges, law enforcement agencies must work closely with international partners to share intelligence and coordinate efforts effectively. Additionally, legal mechanisms such as extradition agreements may be necessary to ensure that suspects are brought to justice. Another critical strategic consideration when dealing with this provision is the need to balance security concerns with civil liberties. As with any law related to national security, there is a risk that overly broad interpretation or enforcement of the law could lead to violations of civil liberties. To mitigate this risk, it is essential to ensure that any enforcement efforts are proportional and grounded in solid evidence. Strategies that could be employed to ensure effective enforcement of this provision include: 1. Strengthening international cooperation and collaboration between law enforcement agencies to ensure that suspects are prosecuted effectively and brought to justice. 2. Developing legal mechanisms such as extradition agreements to facilitate the transfer of suspects to Canada. 3. Investing in resources and technology to build capacity within Canadian law enforcement agencies to investigate and prosecute terrorism-related offences committed abroad. 4. Ensuring that any enforcement efforts are proportional and grounded in solid evidence. 5. Continuously working to strike a balance between security concerns and civil liberties. Overall, Section 7(3.73) of the Criminal Code of Canada is an essential provision in Canada's fight against terrorism. However, effectively enforcing this law requires a balanced approach that considers the complexity of prosecuting crimes committed abroad while also protecting civil liberties. By taking into account these strategic considerations and employing the right strategies, Canada can continue to effectively respond to and prevent terrorism-related offences committed outside of Canada.

CATEGORIES