INTRODUCTION AND BRIEF DESCRIPTION
This section requires all individuals in Canada, as well as Canadian citizens abroad, to immediately disclose any knowledge or possession of property linked to a terrorist group to the Royal Canadian Mounted Police or Canadian Security Intelligence Service.
SECTION WORDING
83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).
EXPLANATION
Section 83.1(1) of the Criminal Code of Canada is a provision that requires all individuals in Canada, including Canadian citizens outside the country, to disclose any information they have regarding property belonging to or being controlled by a terrorist group, as well as any transaction or proposed transaction related to such property. The provision aims to prevent terrorist groups from accessing funds or property that may be used to carry out acts of violence, and to hold individuals accountable for knowingly supporting terrorism. The provision applies not only to individuals actively involved in terrorist activities, but also to bystanders who may unknowingly be holding or controlling property owned by a terrorist group. Failure to disclose such information could result in criminal charges, including fines and imprisonment. However, the provision also has potential implications for privacy and civil liberties, as individuals may be asked to provide information without sufficient evidence of their involvement in terrorist activities. Therefore, it is important to ensure that the provision does not allow for arbitrary or discriminatory enforcement, and that individuals are provided with due process and legal protections. Overall, Section 83.1(1) reinforces Canada's commitment to combatting terrorism, but also requires a careful balance between public safety and individual rights.
COMMENTARY
Section 83.1(1) of the Criminal Code of Canada is a provision that defines the offence of failing to disclose possession or control of property owned or controlled by a terrorist group or information about a transaction involving such property. The provision applies to every person in Canada and every Canadian outside Canada, making it an extra-territorial offence that can be prosecuted even if the conduct occurred outside of Canada. The purpose of this provision is to combat terrorism financing, which is an essential aspect of the fight against terrorism. It seeks to prevent individuals from knowingly or unknowingly supporting terrorist groups by disclosing their assets or providing information about transactions involving such assets. The offence is designed to create an obligation on individuals to report any financial dealings that may involve terrorism financing as part of a broader effort to disrupt the financing of terrorism. The scope of the provision is broad, as it covers all types of property, including money, securities, and real property, which may be involved in financing terrorism. It also applies to transactions or proposed transactions involving property owned or controlled by or on behalf of a terrorist group. An individual who is aware of such property or transaction must disclose it to the Commissioner of Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service without delay. The offence carries severe consequences for those who fail to comply with the obligation to disclose. A person who contravenes this provision is liable to imprisonment for up to five years. The punishment reflects the seriousness of the offence and serves as a deterrent to individuals who may be tempted to conceal financial dealings involving terrorist groups. While the provision is aimed at combating terrorism financing, it is essential to note that it may also have a disproportionate impact on innocent individuals. Those who are unaware of the true nature of the property or transaction may face criminal prosecution for failing to disclose information. This may include individuals who unknowingly transact with a front organization for a terrorist group or those who inadvertently receive funds from a source connected to terrorism. The provision does not include a mens rea requirement, meaning an individual may face criminal liability even if they did not know their conduct was prohibited. In summary, Section 83.1(1) of the Criminal Code of Canada is a provision designed to combat terrorism financing by compelling individuals to disclose information about property owned or controlled by terrorist groups and transactions involving such property. While the provision serves an important purpose in the fight against terrorism, its broad scope may have a disproportionate impact on innocent individuals. It is essential to consider the possibility of unintended consequences when implementing such provisions to prevent unnecessary hardships on innocent individuals.
STRATEGY
Section 83.1(1) of the Criminal Code of Canada is a very crucial section that seeks to prevent and combat terrorism in Canada. The section requires that every person in Canada and every Canadian outside Canada disclose to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group. Additionally, the section requires that individuals disclose information about a transaction or proposed transaction in respect of the property referred to in paragraph (a). Failure to comply with Section 83.1(1) is an indictable offense punishable by imprisonment for up to five years. Strategic considerations when dealing with Section 83.1(1) are numerous and multifaceted. One of the strategic considerations is the protection of human rights and freedoms. The section requires every person in Canada, including Canadians outside Canada, to disclose information about property owned or controlled by a terrorist group. This requirement may infringe on the right to privacy and the right to freedom of expression. Therefore, it is important for law enforcement agencies to balance the need to prevent and combat terrorism with the protection of human rights and freedoms. Another strategic consideration is the collection and sharing of intelligence information. Section 83.1(1) requires the disclosure of information about property owned or controlled by a terrorist group and information about transactions or proposed transactions in respect of such property. This information can be crucial in the fight against terrorism as it provides insight into the financial operations of terrorist groups and individuals associated with them. Therefore, law enforcement agencies should ensure that they have effective intelligence gathering and sharing mechanisms in place. The use of investigative techniques is also a strategic consideration. Law enforcement agencies may employ various investigative techniques such as surveillance, interception of communications, searches, and seizures to gather information on individuals suspected of association with a terrorist group. It is important for these investigative techniques to be used in accordance with the law and with respect for human rights and freedoms. In terms of strategies that could be employed, one strategy is public education and awareness. Section 83.1(1) is a relatively new provision in the Criminal Code of Canada, and many Canadians may not be aware of its existence. Therefore, law enforcement agencies could launch public education campaigns to raise awareness about the provision, its importance in combating terrorism, and the consequences of non-compliance. Collaboration and partnerships among law enforcement agencies is another strategy that could be employed. Sharing intelligence information and resources among law enforcement agencies can enhance their collective effectiveness in preventing and combating terrorism. For example, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service could collaborate with other law enforcement agencies such as the Canada Border Services Agency and provincial and municipal police forces to pool resources and expertise in the fight against terrorism. In conclusion, Section 83.1(1) of the Criminal Code of Canada is a critical provision in the fight against terrorism in Canada. Strategic considerations when dealing with this provision include protecting human rights and freedoms, collecting and sharing intelligence information, and the use of investigative techniques. Strategies that could be employed include public education and awareness and collaboration and partnerships among law enforcement agencies. By effectively implementing these strategies, law enforcement agencies can enhance their ability to prevent and combat terrorism in Canada.
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