section 83.181

INTRODUCTION AND BRIEF DESCRIPTION

Leaving Canada with intent to commit terrorism is an indictable offense.

SECTION WORDING

83.181 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

EXPLANATION

Section 83.181 of the Criminal Code of Canada addresses individuals who attempt to leave the country with the intention of committing an offence outside of Canada that would be punishable under subsection 83.18(1) if committed within Canada. Subsection 83.18(1) identifies various terrorism-related offences, including knowingly participating in or contributing to an activity of a terrorist group, facilitation of terrorist activity, and instructing anyone to carry out terrorist activity. Essentially, section 83.181 seeks to prevent individuals from leaving Canada to engage in terrorist activity elsewhere. This provision makes it clear that Canada takes seriously the threat of its citizens leaving in order to engage in terrorism, and will hold them accountable for their actions. Punishment for violation of section 83.181 is an indictable offence and could result in imprisonment for up to 10 years. This significant punishment highlights the gravity of the offence and the importance of deterring individuals from leaving Canada to engage in terrorism-related conduct. Overall, section 83.181 is an important part of the Canadian legal framework aimed at combatting terrorism both within Canada and abroad. It sends a clear message that terrorism will not be tolerated, and that Canadians who choose to engage in such activities will be held accountable under the law.

COMMENTARY

Section 83.181 of the Criminal Code of Canada makes it an indictable offense for individuals to leave or attempt to leave Canada with the intention of committing an act that would be considered a crime under subsection 83.18(1) of the Code. The section seeks to deter individuals from leaving Canada to partake in activities that could harm national security or pose a threat to the lives of Canadian citizens. Subsection 83.18(1) of the Criminal Code criminalizes terrorism by defining it as an act committed "in whole or in part for a political, religious or ideological purpose, objective or cause" that is intended to intimidate the public or any segment of it. The act can be committed through the use of violence, coercion, or the threat of violence, among other means. The purpose of section 83.181 of the Code is to ensure that terrorist acts are not only prosecuted when they occur within Canadian borders but also when they occur outside the country's borders. The provision recognizes that terrorism is a global problem and that Canadian citizens could be harmed by acts committed outside Canada's borders. Section 83.181 of the Criminal Code is necessary in today's globalized world because individuals can easily travel from one country to another in pursuit of their terrorist activities. If individuals were allowed to leave Canada to partake in activities that would be considered terrorist acts within Canada, this would mean that Canadian law enforcement agencies could be unable to prosecute them for their crimes. Such negligence would lead to a significant threat to Canadian security. The Criminal Code's use of the term attempt" regarding leaving Canada, highlights the importance of keeping an eye on individuals who are considered persons of interest. If such individuals attempt to leave the country, Canada's security agencies should investigate their true intentions to ensure that they are not leaving the country to partake in acts that would threaten national security. Although section 83.181 of the Criminal Code is crucial in deterring individuals from committing terrorism, it's essential that it is neither open for abuse nor used to oppress individuals who are innocent. This is why the Canadian government has to ensure that those charged with enforcing this provision do so fairly and within the law's confines. In conclusion, Section 83.181 of the Criminal Code of Canada is a crucial provision that is necessary to deter terrorism by making it an indictable offense for individuals who leave or attempt to leave Canada with the intent of committing acts that would be regarded as a crime under subsection 83.18(1) of the Code. The provision shows that terrorism is not only a problem in Canada but in the world and emphasizes the importance of ensuring Canadian citizens' safety and security. However, enforcement of the law needs to be monitored to ensure that it is not abused nor used to oppress individuals who have done nothing wrong.

STRATEGY

Section 83.181 of the Criminal Code of Canada is a provision that aims to prohibit Canadians from travelling overseas, or attempting to travel overseas, for the purpose of carrying out terrorist activities. The provision is designed to act as a preemptive measure, in that it aims to prevent individuals from leaving Canada to engage in terrorism-related activities before they actually have the opportunity to do so. Strategic considerations when dealing with Section 83.181 of the Criminal Code of Canada will largely depend on whether an individual represents the defense or prosecution in a criminal matter. From the perspective of the defense, some key strategies that could be employed include challenging the evidence relied upon by the prosecution to prove that the accused intended to commit a terrorist act. This could involve examining the circumstances under which the accused was attempting to leave the country and arguing that there was an innocent explanation for this behavior. Another strategic consideration that could be taken into account by the defense is the accused's mental state at the time that they attempted to leave the country. If the accused was suffering from a mental illness or was under duress at the time, it may be possible to argue that they lacked the necessary intent to commit a terrorist act. From the perspective of the prosecution, some key strategies that could be employed when dealing with Section 83.181 of the Criminal Code of Canada include relying on circumstantial evidence to establish the accused's intent. For example, if the accused was found to be in possession of extremist materials or had made statements in support of terrorism, this could be used as evidence to show that they intended to commit a terrorist act. Another strategy that could be employed by the prosecution is to use expert testimony to explain the nature of terrorist organizations and how individuals are recruited to carry out acts of terrorism. This can be helpful in establishing a context for the accused's behavior and may provide insight into their intentions. Overall, when dealing with Section 83.181 of the Criminal Code of Canada, it is important to keep in mind that the provision is aimed at preventing individuals from engaging in terrorism-related activities. Whether one is representing the defense or prosecution, it is essential to carefully consider the evidence and to construct a persuasive argument that supports their respective position. This requires an in-depth understanding of the law as well as the ability to effectively analyze complex factual scenarios.