section 83.22(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that an offense can be committed under subsection (1) of 83.22 of the Criminal Code of Canada irrespective of whether the terrorist activity is actually carried out, if the accused instructs anyone to carry out the terrorist activity.

SECTION WORDING

83.22 (2) An offence may be committed under subsection (1) whether or not (a) the terrorist activity is actually carried out; (b) the accused instructs a particular person to carry out the terrorist activity; (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity. 2001, c. 41, s. 4.

EXPLANATION

Section 83.22(2) of the Criminal Code of Canada is a crucial provision in the overall scheme of counter-terrorism laws in the country. The provision is aimed at criminalizing attempts or conspiracies to commit a terrorist offence, regardless of whether the offence actually takes place or not. In other words, the section extends the reach of the law to cover not only completed terrorist acts but also any steps taken towards committing such acts. Importantly, the provision does not require that the accused person actually instructs a person to carry out the terrorist activity. It is enough that the accused person takes any step towards facilitating or promoting the act, such as providing support or resources to a person who is planning to commit a terrorist offence. Additionally, the provision also applies where the accused has knowledge of the terrorist activity or where the person who is instructed to carry out the activity is aware that the act is a terrorist offence. The scope of the provision is wide, but the intention behind it is clear: to prevent and disrupt terrorist activities before they can occur. By criminalizing attempts and conspiracies, the law sends a strong message to would-be terrorists and their enablers that their actions will not be tolerated, and that the state will take all necessary measures to protect its citizens from the grave threats posed by terrorism. Overall, section 83.22(2) is a key tool in the fight against terrorism in Canada. It complements other criminal provisions and national security measures by providing law enforcement agencies with a flexible and powerful means of disrupting terrorist plots and preventing harm to Canadians.

COMMENTARY

Section 83.22(2) of the Criminal Code of Canada provides that an offence may be committed under subsection (1) whether or not terrorist activity is actually carried out, the accused instructs a particular person to carry out the terrorist activity, the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity, or the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity. This section of the Criminal Code is significant in the fight against terrorism as it expands the criminal liability of acts associated with terrorism, irrespective of whether the terrorist activity is actually carried out. This is a crucial provision as it ensures that law enforcement agencies can take proactive measures to prevent terrorist activities and hold individuals accountable for conspiring to commit terrorist acts. One of the main strengths of this provision is that it provides law enforcement agencies with the power to investigate and arrest individuals who plan to carry out terrorist activities. This is important because it helps to prevent terrorism before it occurs, which is much more effective and efficient than responding to a terrorist attack. It also allows law enforcement agencies to identify and dismantle terrorist networks, disrupt their operations and prevent future attacks. Another strength of this provision is that it enables law enforcement officials to prosecute those who provide material support or resources to terrorists. This includes those who provide financial support, training, expertise, equipment, weapons, or other resources that may facilitate terrorist activities. This provision is essential in holding accountable those who contribute to terrorist activities, and it also sends a strong message to those who are willing to support terrorism that they will face consequences for their actions. Furthermore, this provision makes it clear that persons who instruct others to commit terrorist activity can be held liable for their actions even if they do not carry out the terrorist act themselves. This is important because it ensures that individuals who plan, direct, or coordinate terrorist activities are held accountable for their actions and cannot simply evade prosecution by delegating responsibilities to others. Overall, Section 83.22(2) of the Criminal Code of Canada is a critical provision that expands the liability for terrorism-related offences. By enabling proactive measures to prevent terrorism, prosecuting those who provide material support to terrorists, and holding accountable those who plan, direct or coordinate terrorist activities, this provision enhances Canada's ability to combat terrorism. It sends a strong message to terrorists and their supporters that their actions will not be tolerated and that they will be held accountable for their crimes. Ultimately, this provision helps to protect Canadians and ensure that Canada remains a safe and secure country.

STRATEGY

Section 83.22(2) of the Criminal Code of Canada deals with the offence of instructing or facilitating terrorism, which can be committed irrespective of whether the terrorist activity is carried out or the accused has actual knowledge of the person carrying out the activity. This section presents a unique set of challenges and strategic considerations for law enforcement and counterterrorism agencies. One key consideration when dealing with this section is the need for proactive intelligence gathering and monitoring of individuals who may be involved in terrorist activities. This involves monitoring social media, email communications, and other online activity to identify individuals who may be promoting or planning terrorist activities. Agencies may also need to conduct surveillance and infiltration operations to gather more detailed information about potential threats. Another important consideration is ensuring that sufficient evidence is gathered to support a conviction. This may involve using traditional investigative techniques such as wiretapping and interviewing witnesses, as well as more advanced methods such as forensic analysis of digital communications and financial transactions. It may also be necessary to share intelligence and evidence with other agencies, both domestic and international, to build a broader case against individuals involved in terrorism. To further support prosecutions under Section 83.22(2), agencies may need to work closely with the Crown Prosecution Service and other legal partners to ensure that charges are appropriately laid and that evidence is presented effectively in court. This may involve the use of specialized prosecutors and expert witnesses to provide technical and factual evidence, as well as compelling victim impact statements to highlight the harm caused by terrorist activities. In addition to these tactical considerations, agencies may need to develop a range of strategic approaches to prevent the radicalization of individuals who may be susceptible to extremist ideologies. This could involve a combination of community outreach and engagement programs, education and awareness campaigns, and interventions with at-risk individuals to provide support and alternatives to extremist activities. Finally, effective collaboration and coordination between different agencies is critical in dealing with the complexities of Section 83.22(2) cases. This may involve sharing intelligence and best practices, aligning strategies and tactics, and ensuring that resources are effectively deployed to mitigate any potential terrorist threats. Overall, dealing with Section 83.22(2) of the Criminal Code of Canada requires a multifaceted approach that addresses the full range of operational, tactical, and strategic considerations involved in preventing and prosecuting terrorist activities. By adopting a coordinated and collaborative approach, law enforcement and counterterrorism agencies can continue to protect Canadians from the threats posed by terrorism.