Criminal Code of Canada - section 83.12(1) - Offences freezing of property, disclosure or audit

section 83.12(1)

INTRODUCTION AND BRIEF DESCRIPTION

Section 83.12(1) specifies penalties for contravening specified sections of the Criminal Code, with fines and/or imprisonment.

SECTION WORDING

83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or (b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

EXPLANATION

Section 83.12(1) of the Criminal Code of Canada outlines the penalties for an individual who contravenes any of sections 83.08, 83.1 and 83.11. Section 83.08 refers to advocating or promoting terrorism, while section 83.1 deals with the commission of a terrorism offence. Section 83.11 pertains to instructing or facilitating a terrorist activity. These offences are taken very seriously in Canada due to the severe harm they can cause to individuals and society as a whole. If an individual is found guilty of contravening any of these sections, they can be charged with an offence and may face one of two penalties. Summary conviction for this offence can result in a fine of no more than $100,000 or imprisonment for a period not exceeding one year, or both. On the other hand, a conviction on indictment can lead to imprisonment for up to ten years. The Criminal Code of Canada aims to provide a framework for deterring and punishing criminal behaviour. This includes terrorism-related offences. The potential penalties set out in Section 83.12(1) are intended to serve as a deterrent against individuals who may be considering engaging in a terrorist activity, advocating/promoting terrorism, or facilitating such activities. In conclusion, Section 83.12(1) is an important part of the Criminal Code of Canada that helps ensure that individuals who contravene terrorism-related sections of the act face appropriate consequences for their actions. The penalties are designed to discourage individuals from participating in activities that threaten the safety and security of Canadian citizens.

COMMENTARY

Section 83.12(1) of the Criminal Code of Canada is a specific provision that relates to offenses involving terrorism. This section outlines the punishment for anyone who violates sections 83.08, 83.1, and 83.11. These sections relate to terrorism offenses, such as inciting terrorism, committing terrorist acts, and participating in or contributing to terrorist groups. The section is an important part of Canadian law because it helps to ensure that those who engage in terrorist activities are held accountable for their actions. The punishment for violating Section 83.12(1) can vary depending on whether the conviction is on summary or indictment. If a person is convicted on summary, they could face a fine of up to $100,000, imprisonment for up to one year, or both. If the conviction is on indictment, the person could face imprisonment for up to 10 years. This section of the Criminal Code of Canada is an important tool for law enforcement agencies and prosecutors as it provides a clear framework for punishing those who engage in terrorist activities. The fact that Section 83.12(1) allows for a range of punishment options is important. For minor offenses, such as making statements in support of terrorism, the option for punishment on summary conviction is appropriate. This allows for a quick and efficient legal process. However, for more serious offenses, such as committing terrorist acts, the option for punishment on conviction on indictment ensures that the offender receives a more severe punishment, reflecting the seriousness of their actions. The options for punishment under Section 83.12(1) provide a balance between holding individuals accountable for their offenses and ensuring that the punishment is appropriate for the severity of the crime. One of the key challenges with Section 83.12(1) is ensuring that it is applied fairly and consistently. Due to the seriousness of terrorism offenses, there is a risk that individuals may be unfairly targeted or punished. It is important for law enforcement agencies and prosecutors to exercise caution when charging individuals under this section and to ensure that the evidence is strong enough to support a conviction. In addition, it is important for the courts to apply the law fairly, ensuring that the punishment reflects the severity of the crime. Overall, Section 83.12(1) of the Criminal Code of Canada is an important tool for addressing terrorism offenses. By outlining clear punishment options, this section helps to ensure that those who engage in terrorist activities are held accountable for their actions. However, it is important for law enforcement agencies, prosecutors, and the court system to be cautious and fair when enforcing this section to ensure that it is applied consistently and appropriately.

STRATEGY

When dealing with section 83.12(1) of the Criminal Code of Canada, which pertains to terrorism offenses, several strategic considerations come into play. Some of these strategic considerations include the nature and significance of the offense, the level of evidence required for prosecution, and the potential penalties and sentencing options available upon conviction. In order to develop effective strategies, legal professionals must be well-versed in the relevant statutes, case law, and procedural rules. One critical consideration in dealing with section 83.12(1) is the nature of the offense itself. Because acts of terrorism are considered to be among the most serious crimes in any legal system, prosecutors and defense attorneys alike must carefully analyze the evidence to determine whether or not an offense has actually occurred. This requires not only a deep understanding of the applicable law, but also a thorough understanding of the facts and circumstances surrounding the alleged offense. Key factors to consider include the intent of the accused, the means by which the offense was committed, and the potential impact of the offense on public safety and security. Another important strategic consideration is the level of evidence required for prosecution. In order to secure a conviction under sections 83.08, 83.1, or 83.11 of the Criminal Code, the Crown must be able to prove beyond a reasonable doubt that the accused wilfully participated in, contributed to, or facilitated a terrorist activity. This can be a challenging standard to meet, particularly in cases where the evidence is circumstantial or based on witness testimony that may be unreliable. Legal professionals must therefore consider carefully how to gather and present evidence in a way that will convince a jury of the accused's guilt. A third strategic consideration is the potential penalties and sentencing options available upon conviction. Section 83.12(1) provides for both summary conviction and conviction on indictment, with different penalties for each. Depending on the specific circumstances of the offense, a prosecutor may choose to seek a more severe penalty (such as imprisonment for up to 10 years) in order to send a message about the seriousness of the offense and the importance of public safety. Defense attorneys, on the other hand, may look to negotiate a plea bargain or seek alternative sentencing options (such as conditional sentences or community service) in order to mitigate the impact of a conviction on their client's life. Given the high stakes involved in terrorism cases, it is critical that legal professionals carefully consider these and other strategic considerations in order to develop effective strategies for both prosecution and defense. Some potential strategies that may be employed include: - Conducting a thorough investigation of the alleged offense, including gathering physical evidence, interviewing witnesses, and reviewing surveillance footage or other relevant materials. - Working with expert witnesses (such as forensic psychologists, criminologists, or terrorism specialists) to help build a compelling case for or against the accused. - Developing a clear and convincing narrative about the nature of the offense and the role of the accused in its commission. - Strategizing around pre-trial motions, including motions to exclude evidence, motions for disclosure of evidence, and motions to limit the scope of the proceedings. - Building strong relationships with expert personnel within the legal system such as Crown attorneys, Judges, and juries. - Crafting alternative sentencing proposals that may be more palatable to the court in order to secure leniency for the accused. Additionally, exploring plea bargaining. - Constantly reassessing evidence and strategies and being flexible enough to modify accordingly. In summary, there are several strategic considerations that come into play when dealing with section 83.12(1) of the Criminal Code of Canada. Legal professionals must carefully examine the nature of the offense, the level of evidence required for prosecution, and the potential penalties and sentencing options available upon conviction. By developing sound strategies and employing tactics that take these considerations into account, legal professionals can work to secure the best possible outcomes for their clients.