INTRODUCTION AND BRIEF DESCRIPTION
Leaving Canada with the intent to commit an offense outside that would be considered a terrorist act in Canada is an indictable offense punishable with up to 14 years imprisonment.
SECTION WORDING
83.191 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 83.19(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
EXPLANATION
Section 83.191 of the Criminal Code of Canada criminalizes the act of leaving or attempting to leave Canada with the intent to commit an act or omission outside of Canada that would be considered a terrorist offence if committed within Canada. The law seeks to prevent individuals from leaving the country with the intention of perpetrating terrorist acts in other countries without facing the consequences of their actions under Canadian law. A person convicted of violating this section is subject to imprisonment for up to 14 years. This provision is an extension of the Canadian government's efforts to combat terrorism. The Criminal Code of Canada has several provisions that criminalize different aspects of terrorism, including financing, conspiring, and the actual commission of terrorist acts. Section 83.191 specifically targets individuals planning to leave the country to carry out acts of terrorism. This section recognizes that the threat of terrorism is not limited to Canadian borders and ensures that Canadian laws can be applied to individuals who attempt to engage in terrorist activities outside Canada. The section is also consistent with the principles of extraterritorial jurisdiction, which allows a country to impose their laws on criminal acts committed outside their borders that have a significant connection to the country. In this case, the act of leaving Canada with the intention to commit a terrorist act abroad has a direct link to Canada's national security and public safety. Thus, Section 83.191 of the Criminal Code of Canada is a vital piece of legislation in the fight against terrorism, ensuring that those who seek to use violence for political or ideological purposes face the consequences of their actions under Canadian law, regardless of where they occur.
COMMENTARY
Section 83.191 of the Canadian Criminal Code is a provision that criminalizes any attempts to leave Canada with the intent to commit terrorism-related activities outside of the country. The section carries a maximum penalty of 14 years in prison upon conviction. The fundamental essence of this provision is to ensure that Canadian residents and citizens do not engage in terrorism activities, either within or outside the country's borders. The provision focuses on acts or omissions outside Canada that, if committed within Canada, would constitute an offense under subsection 83.19 (1) of the Criminal Code. This subsection relates to participating or contributing to terrorist groups, planning or assisting in terror attacks, and possessing explosives, chemicals, or any other harmful substances for terrorist purposes. One of the rationales behind Section 83.191 is to prevent individuals from traveling to other countries to join terrorist groups such as ISIS or al-Qaida. The Canadian government understands that individuals who align themselves with these groups pose an immense threat to national security, and any contribution to their efforts must be prevented. Moreover, the provision provides proactive measures to deal with radicalization and any efforts to execute terror plots that affect Canada's interests. It is worth noting that the provision does not only target potential terrorists, but it also covers individuals who plan to travel outside of the country to facilitate or support terrorist activities in any manner. Therefore, the provision reflects Canadian parliament's resolve to stop terrorist activities both at home and abroad. It sends a strong message to those that may be considering traveling to engage in terrorist activities that they cannot escape prosecution by leaving the country. Section 83.191 underscores the Canadian government's commitment to preventing terrorism while respecting individual rights and freedoms. The legislation is consistent with international human rights standards on counter-terrorism measures, which emphasize the need for proportionality, procedural fairness, and the protection of individual rights. In conclusion, Section 83.191 represents the Canadian government's commitment to combatting terrorism at home and abroad. It provides a robust legal framework to prevent individuals from engaging in terrorist activities elsewhere. The provision shows the determination of the government to safeguard Canadian citizens, residents, and interests, while respecting individual rights and freedoms. It is essential to remember that preventing terrorism requires a balance between effective law enforcement measures and the protection of individual rights and freedoms.
STRATEGY
Section 83.191 of the Criminal Code of Canada addresses a serious threat to national security- the act of leaving or attempting to leave Canada with the intent to commit an offense outside of Canada that would be considered an offense under the anti-terrorism provisions of the Code. Being convicted of such an offense can result in imprisonment for up to 14 years. This section highlights the alertness of the Canadian government towards potential terrorists and its commitment to safeguard its citizens from such risks. From a legal perspective, defense counsel would need to consider a number of strategic issues in defending clients charged under section 83.191. One of the key strategic issues when dealing with section 83.191 is the issue of jurisdiction. In order for an offense to be committed under this section, it is essential that the accused intends to leave Canada for the purpose of committing an act or omission outside Canada that would be considered an offense under the anti-terrorism provisions of the Code. Hence, defense counsel would generally need to explore the extent of the prosecution's evidence of such intentions in order to challenge such evidence so as to negate the elements of the offense. Another key consideration is the use of undercover agents. It is common for undercover law enforcement officials to approach individuals suspected of planning to commit terrorist acts and gather evidence of their intentions. Such evidence can include audio or video recordings, emails, and photographs. However, defense counsel may argue that the use of undercover agents amounts to entrapment or is in breach of the accused's rights under the Charter of Rights and Freedoms, which could have an impact on the admissibility of such evidence. Additionally, international cooperation can be another strategic consideration in cases involving section 83.191. Where the intended offense takes place outside Canada, assistance or cooperation from foreign authorities can become necessary in gathering evidence or apprehending the accused. Defense counsel would need to consider the legal issues that may arise from such cooperation, such as evidence obtained through torture or other human rights violations. Another strategy that could be employed in cases involving section 83.191 is challenging the constitutionality of the section itself. Defense counsel may argue that the section violates the rights of the accused, including the right to liberty, the right to travel, and the right to free speech and thought. If successful, this could lead to a declaration that the section is unconstitutional or a narrowing of its scope. In conclusion, section 83.191 of the Criminal Code of Canada presents a number of strategic considerations for defense counsel in cases involving individuals charged with attempting to leave Canada to commit an act of terrorism outside of Canada. An experienced defense counsel will need to explore all relevant strategic considerations in order to properly protect the rights and interests of their client. These considerations range from issues of jurisdiction and admissibility of evidence to more fundamental human rights considerations. Ultimately, the use of evidence, the strategy employed, and the legal interpretation of the elements of the offence will depend on the specific case and the unique circumstances at play.