INTRODUCTION AND BRIEF DESCRIPTION
This section outlines factors for the court to consider when determining if an accused participates in or contributes to the activities of a terrorist group.
SECTION WORDING
83.18 (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group; (b) frequently associates with any of the persons who constitute the terrorist group; (c) receives any benefit from the terrorist group; or (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group. 2001, c. 41, s. 4.
EXPLANATION
Section 83.18(4) of the Criminal Code of Canada lays out the factors that the court may consider while determining whether an accused has participated or contributed to the activities of a terrorist group. These factors are assessed in light of the broader legal context of the Criminal Code, which prohibits a range of terrorist activities and behaviours. According to this section, some of the factors that may indicate that an accused has participated in terrorist activities include using symbols or names that are associated with terrorist organizations, frequently associating with members of such organizations, receiving benefits from them, or repeatedly engaging in activities that are directed by such organizations. It is important to note that the court is not necessarily required to consider all of these factors, or to treat them as equally significant. Rather, the court may weigh different factors differently, depending on the specific circumstances of the case. Taken as a whole, Section 83.18(4) helps to guide the court's analysis of whether an accused has participated in terrorist activities, and helps to ensure that individuals who engage in such activities can be held accountable for their actions. By considering these various factors, the court can develop a more nuanced understanding of the accused's involvement in terrorist activities, and can render a more informed judgement on the matter.
COMMENTARY
Section 83.18(4) of the Criminal Code of Canada is a provision used to assess whether or not an accused person has participated in or contributed to the activities of a terrorist group. The section outlines a range of factors that can be taken into consideration when making this assessment. These include the accused's use of names, symbols or representations that are associated with the group, their frequent association with group members, receiving benefits from the group, or engaging in activities at their instruction. It is important to note that these factors are not a definitive or exhaustive list, and other considerations may also be relevant in particular cases. This section of the criminal code is crucial in the fight against terrorism and preventing individuals from supporting or participating in activities that could harm citizens, communities, and the nation. It allows law enforcement agencies and courts to identify and prosecute those who provide support or assistance to terrorist groups or their members. This provision is essential in protecting Canadian citizens and preventing extremist groups from carrying out their harmful agendas. The use of symbols, names, and representations associated with terrorist groups is a critical factor in determining whether an individual is contributing to the activities of such a group. These representations can include flags, clothing, tattoos, or other items that signify support for a particular extremist group. Such items can serve as a recruiting tool, and their display can also inspire fear in others, potentially leading to further radicalization. The provision also highlights the significance of an accused person's association with group members. Prevalent and repeated associations with individuals belonging to extremist groups signify an individual's support for the group's ideology, beliefs, and goals. Such associations can also be taken as evidence that an accused individual has been radicalized or persuaded to support the group's extremist views. Furthermore, receiving benefits from a terrorist group is also noted in the provision. Financial or other material support can have a significant impact on the group's ability to carry out violence and propagate its ideology. Such support ultimately contributes to the group's capacity to carry out its terrorist activities. Therefore, the use of assets gained from a terrorist group is recognized as a factor that courts may consider when determining involvement with such organizations. Finally, the provision also acknowledges that engaging in activities at the instruction of terrorist group members is an indication of involvement. This factor may include activities such as taking part in training exercises, planning attacks, or promoting the group's ideology through propaganda and social media. The regulation highlights the fact that such actions require the active involvement of the accused individual in the group's activities. In conclusion, Section 83.18(4) of the Criminal Code of Canada is an essential tool for law enforcement agencies and the Canadian justice system in their efforts to combat terrorism. It allows for a range of factors to be considered when making the determination of involvement with a terrorist group. Ultimately, the effective implementation of this provision is critical in ensuring the safety and security of Canadian citizens.
STRATEGY
Section 83.18(4) of the Criminal Code of Canada provides the court with a range of factors to consider when determining whether an accused individual participates or contributes to any activity of a terrorist group. These factors include the use of symbols or representations associated with a terrorist group, frequent association with group members, receiving benefits from the group, and engaging in activities at the instruction of group members. Strategic considerations and strategies to employ when dealing with this section of the Criminal Code are discussed below. Strategic Considerations The application of Section 83.18(4) is not limited to individuals who actively participate in terrorist activities. Rather, it may also be used to prosecute individuals who facilitate or support the activities of terrorist groups. This means that individuals who are not members of a terrorist group, but who provide material or other support to the group, may be subject to prosecution. Strategies When dealing with this section of the Criminal Code, both the prosecution and defence will need to consider a range of strategies. 1. Prosecution Strategies The prosecution may use the following strategies to prove that an accused individual participated in or contributed to the activities of a terrorist group: a. Establishing the Accused's Association with the Group One strategy the prosecution may use to establish an accused individual's association with a terrorist group is to prove that the individual frequently associates with the group members. The prosecution may use phone records, surveillance footage, social media posts, and other evidence to demonstrate this association. b. Proving the Accused Has Received Benefits from the Group Another strategy the prosecution may use is to prove that the accused has received tangible or intangible benefits from the terrorist group. These benefits may include monetary payments, access to weapons or other resources, training, or ideological support. c. Demonstrating the Accused's Use of Symbols or Representations Associated with the Group The prosecution may also seek to demonstrate that the accused individual has used symbols or representations associated with the terrorist group. For example, the use of a particular flag or slogan may be seen as evidence of association with the group. d. Proving that the Accused Acted on the Instructions of Group Members Finally, the prosecution may seek to prove that the accused individual repeatedly engaged in activities at the instruction of group members. This may include providing logistical support, assisting in planning attacks, or conducting surveillance. 2. Defence Strategies The defence may use the following strategies to challenge the prosecution's case: a. Challenging Evidence of Association One strategy the defence may use is to challenge the prosecution's evidence of association with the terrorist group. For example, the defence may argue that phone records or social media posts do not prove that the accused individual was actually associating with the group, but rather may have been communicating with acquaintances or friends. b. Challenging Evidence of Benefits The defence may also challenge evidence that the accused individual received benefits from the terrorist group. For example, the defence may argue that payments received were for legitimate purposes and not related to the individual's participation in terrorist activities. c. Explaining the Use of Symbols or Representations The defence may argue that the use of symbols or representations associated with the terrorist group does not necessarily imply association with the group. For example, the defence may argue that such symbols were used as a form of political or ideological expression. d. Explaining the Repeated Engagement in Group Activities Finally, the defence may seek to explain why the accused individual repeatedly engaged in activities at the instruction of group members. The defence may argue that the individual was coerced or threatened, or that they were acting under duress. Conclusion Section 83.18(4) of the Criminal Code of Canada provides a range of factors that the court may consider when determining whether an accused individual participated in or contributed to the activities of a terrorist group. Both the prosecution and defence will need to employ a range of strategic considerations and strategies to successfully present their case. Ultimately, the court will consider the evidence presented and make a determination based on the facts of the case.