section 83.1(2)


Legal protection for individuals making good faith disclosures under 83.1(1).


83.1(2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).


Section 83.1(2) of the Criminal Code of Canada provides essential protection to individuals who disclose information or provide evidence in good faith under subsection (1) of the same section. Subsection (1) refers to a provision that allows individuals to disclose information or provide evidence regarding terrorist activities or plans for such activities without fear of legal consequences. This is an important measure that seeks to promote public safety by encouraging members of the public to come forward and report any suspicious activities or plans they may have encountered or learned about. The protection offered by section 83.1(2) is twofold. First, it protects individuals from criminal proceedings if they provide such information in good faith, even if the information turns out to be incorrect. This means that even if the person was mistaken or misunderstood what they heard, they cannot be charged with an offense for making such a report. Second, it protects individuals from civil proceedings that may arise from their disclosure. For instance, if the person's disclosure led to a search or investigation that resulted in damage to property or loss of income, they could not be sued for those damages. The protection offered by section 83.1(2) is crucial in encouraging individuals to report potential terrorist activities without fear of legal repercussions. Reporting such activities can help law enforcement agencies detect and prevent terrorist attacks and protect the public from harm. Without this protection, individuals may be hesitant to come forward or report suspicious activities, which could result in missed opportunities to prevent serious threats to public safety. In conclusion, section 83.1(2) of the Criminal Code of Canada is an essential provision that offers legal protection to individuals who report potential terrorist activities or plans for such activities. This protection encourages members of the public to come forward and report such activities, which in turn helps promote public safety and prevent terrorist attacks.


Section 83.1(2) of the Criminal Code of Canada establishes that individuals who disclose information to law enforcement agencies in good faith pursuant to subsection (1) are immune from criminal or civil proceedings. In other words, any person who genuinely believes that someone is about to commit an act of terrorism can share their concerns without fear of legal repercussions. The objective of this provision is to encourage Canadians to provide information about potential terrorism plots in a timely and efficient manner. Canada, like any other country in the world, is not immune to the threat of terrorism, and it is important that residents are vigilant and report any suspicious activities that they observe. However, people may be hesitant to report their suspicions if they believe that sharing such information could result in legal implications, such as being accused of defamation or violating privacy rights. The immunity provision in section 83.1(2) recognizes the importance of encouraging Canadians to share information that could potentially save lives, without worrying about legal ramifications. The section provides a safeguard against retaliation and the risk of suffering legal harm for individuals who act in good faith and share honest and truthful information. However, the provision is not a blanket immunity for any information sharing, as the immunity applies only to disclosures made in good faith under subsection (1). Thus, the provision requires a reasonable, factual basis for the information shared, and the immunity does not cover people who make false statements or reports with malicious intent. In essence, Section 83.1(2) encourages Canadians to perform their civic duty by reporting any potential terrorism activities, and it provides a legal safeguard against any legal threats or retaliation for disclosing truthful and factual information. It sends a message that the Canadian legal system considers the paramount importance of protecting people from the threat of terrorism as a public responsibility, and the provisions under Section 83.1(2) further encourage people to take an active role in safeguarding the security of their communities and their fellow citizens. In conclusion, section 83.1(2) of the Criminal Code of Canada is an important provision that balances the public interest of prevent terrorism threats against the legitimate privacy interests of individuals, while also addressing potential legal concerns. By providing immunity to whistle-blowers who disclose potential terrorism activities in good faith under subsection (1), the provision helps to ensure that Canadians can perform their civic duty of reporting any security threats honestly and accurately without fear of legal repercussions. Ultimately, the provision supports the fight against terrorism in Canada and reinforces the importance of fostering community vigilance in preventing terrorism.


Section 83.1(2) of the Criminal Code of Canada provides immunity to persons who make disclosures in good faith under subsection (1). This section aims to protect individuals from criminal or civil proceedings that may be brought against them as a result of such disclosures. This immunity provision is vital to Canada's national security apparatus in that it provides some level of legal protection for agencies and individuals who work to safeguard Canadians from national security threats. When dealing with this section of the Criminal Code of Canada, it is essential to carefully consider the potential implications of a disclosure before any action is taken. Some strategic considerations include assessing whether the disclosure is necessary and proportionate to the threat faced, ensuring that the recipient of the disclosure is authorized and cleared to receive the information, and ensuring that the disclosure does not breach any legal or constitutional rights of individuals involved. One strategy that could be used in relation to Section 83.1(2) is to develop clear protocols for making national security disclosures. This could involve establishing guidelines for assessing the relevance and necessity of the information being disclosed, as well as guidelines for determining the appropriate recipient for the information. Such protocols could also be used to ensure that any disclosures made align with Canada's national security priorities and objectives. Another strategy would be for the government to work closely with stakeholders, including law enforcement agencies, intelligence agencies, and other government departments, to ensure that information-sharing mechanisms are robust and effective. This can help to ensure that relevant information is shared in a timely and appropriate manner, while also protecting individuals involved from any potential legal or constitutional breaches. A third strategy is to provide training and education on national security disclosure protocols to relevant individuals and agencies. This can help to promote a culture of responsibility and accountability when it comes to making national security disclosures. It can also help to ensure that individuals and agencies are aware of their legal obligations under Section 83.1(2), as well as any other relevant laws and regulations. Overall, ensuring that any national security disclosure is made in good faith, in compliance with relevant laws and regulations, and is necessary and proportionate to the threat faced is essential for upholding Canada's national security objectives and safeguarding the rights and freedoms of Canadians. Careful consideration and strategic planning are essential when dealing with Section 83.1(2) of the Criminal Code of Canada, and by employing effective strategies, individuals and agencies can ensure that national security interests are protected while also upholding legal and constitutional obligations.