INTRODUCTION AND BRIEF DESCRIPTION
Leaving Canada with intent to commit a terrorist activity outside Canada is a indictable offence.
83.202 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 indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2013, c. 9, s. 8.
Section 83.202 of the Criminal Code of Canada criminalizes anyone who attempts to leave or leaves Canada for the purpose of committing a terrorist act outside Canada. The section imposes harsh penalties, including imprisonment for up to 14 years, on individuals who engage in such conduct. The provision is jurisdictional in nature and applies to acts or omissions outside Canada that would be considered an indictable offense if committed within the country. The section aims to prevent Canadians or permanent residents from becoming involved in terrorist activities overseas, which may potentially threaten the security of Canada. It also demonstrates Canada's commitment to combatting global terrorism and fulfilling its international obligations under various conventions and treaties on counter-terrorism. To prosecute an individual under this section, the Crown must prove beyond a reasonable doubt that the accused willingly left Canada with the intention of committing an act or omission outside Canada that, if committed in Canada, would be regarded as an indictable offense under the Criminal Code. Additionally, it must also be proven that the offense constitutes a terrorist activity under the Canadian law. The section recognizes the importance of ensuring that individuals do not engage in or support terrorist activities, regardless of their location. It underscores the need for international cooperation in the fight against terror and offers a powerful tool to Canadian authorities to prevent terrorist activities before they occur.
Section 83.202 of the Criminal Code of Canada deals with the offence of leaving or attempting to leave Canada, or boarding a conveyance with the intent to leave Canada, for the purpose of committing an act or omission that would be considered a terrorist activity if committed in Canada. This section imposes a penalty of up to 14 years imprisonment on anyone found guilty of this offence. The purpose of this section is to prevent individuals from leaving Canada to commit terrorist acts or support terrorist activities abroad. The offence applies to both Canadian citizens and non-citizens, who are leaving Canada with the intention of engaging in terrorist activities or supporting such activities. The offence is considered to be very serious, as it has the potential to cause significant harm and threaten the security of both Canada and other countries. By leaving Canada to engage in terrorist activities, individuals are not only putting their own lives at risk but are also putting the lives of innocent people at risk. This section also highlights the importance of international cooperation in preventing and combating terrorism. It is crucial for countries to work together to prevent individuals from leaving their respective countries to engage in terrorist activities in other parts of the world. Section 83.202 is a relatively new provision in the Canadian Criminal Code, having been introduced in 2013. It was added as part of the government's efforts to strengthen Canada's anti-terrorism laws, in response to the increased threat of terrorism both in Canada and around the world. The potential penalties for this offence are severe, reflecting the seriousness of the offence and the need to deter individuals from engaging in terrorism. A sentence of up to 14 years imprisonment is a significant penalty, which is designed to send a strong message about the seriousness of leaving Canada to engage in terrorist activities. Overall, section 83.202 is an important provision in the Canadian Criminal Code, which plays an essential role in preventing and combating terrorism. Its introduction reflects Canada's commitment to addressing the threat of terrorism and ensuring the safety and security of its citizens, as well as the international community.
Section 83.202 of the Criminal Code of Canada provides law enforcement with an important tool to prevent individuals from leaving the country to commit terrorist acts. This section allows for the prosecution of individuals who attempt to leave Canada for the purpose of committing an offense that would be considered a terrorist activity if committed within the country. When dealing with this section of the Criminal Code, law enforcement agencies must consider a number of strategic factors. The first consideration is identifying the individuals who are planning to leave the country for the purpose of committing terrorist acts. This requires close cooperation and coordination between law enforcement agencies at the national and international levels. Once an individual has been identified as a potential threat, law enforcement must determine the appropriate course of action. In some cases, it may be necessary to intervene before the individual leaves the country. This could involve conducting a search of their belongings or placing them under surveillance. It may also be necessary to obtain a warrant to prevent them from leaving the country. Another important strategic consideration is the potential impact of prosecuting individuals under section 83.202. While this section can be an effective tool for preventing terrorist activity, it must be balanced against the potential negative consequences. Prosecutions under this section could cause backlash from certain communities, particularly those who may feel unfairly targeted. Careful communication and outreach must be undertaken to ensure that law enforcement actions are understood and supported by the public. Strategies that could be employed to address this section of the Criminal Code include developing partnerships with communities and organizations to identify potential threats, enhancing intelligence gathering and analysis capabilities, and developing targeted training programs for law enforcement officers. It may also be necessary to increase funding for investigative resources and support for victims of terrorism. Overall, section 83.202 of the Criminal Code of Canada is an important tool for preventing terrorist activity and protecting Canadian citizens. Law enforcement agencies must carefully consider strategic factors when dealing with this section of the Criminal Code, including identifying potential threats, balancing the need for intervention against potential negative consequences, and developing effective strategies for prevention and response.