INTRODUCTION AND BRIEF DESCRIPTION
Anyone who knowingly hides or shelters a person who has carried out a terrorist activity with the intention of enabling them to carry out further terrorist activities is guilty of an indictable offence and can be imprisoned for up to 14 years.
SECTION WORDING
83.23 (1) Everyone who knowingly harbours or conceals any person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment (a) for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and (b) for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.
EXPLANATION
Section 83.23(1) of the Criminal Code of Canada criminalizes the act of knowingly harboring or concealing any person who has carried out a terrorist activity, for the purpose of enabling them to facilitate or carry out any further terrorist activity. Essentially, this section seeks to punish those who provide shelter or cover for individuals involved in terror activities, and thereby aid and abet the commission of such crimes. The section sets out two different categories of punishments based on the severity of the offense committed by the person being harbored or concealed. If the offender carried out a terrorism offense that is punishable by life imprisonment, the individual who harbors or conceals them is liable to imprisonment for up to 14 years. On the other hand, if the offender committed a terrorism offense that is punishable by any other penalty, the punishment for the person harboring or concealing them is up to 10 years of imprisonment. This section is important in the context of national security and counterterrorism. It aims to deter and prevent individuals from providing any kind of assistance to terrorists and to send a strong message that such activities will not be tolerated. By criminalizing the act of sheltering or hiding terrorists, Canada reinforces its commitment to combating terrorism and protecting its citizens from the devastating consequences of such attacks.
COMMENTARY
Section 83.23(1) of the Criminal Code of Canada criminalizes the act of knowingly harbouring or concealing a person who has carried out a terrorist activity. The section aims to prevent individuals from providing aid and support to terrorists and ensure that those involved in terrorist activities face justice. The provision outlines two categories of penalties that are based on the nature of the terrorism offence committed by the person hidden. The first category of penalties stipulates that anyone found guilty of harbouring or concealing someone known to have carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life faces a maximum of 14 years imprisonment. This is a stiff penalty that underscores the gravity of harbouring individuals who have committed serious terrorist offences. The severity of the punishment reflects the intent to deter people from providing support for terrorist activities that are capable of causing significant harm to individuals or groups. The second category of penalties punishes individuals found harbouring or concealing individuals who have carried out terrorist activities that are liable to any other punishment. Such individuals face imprisonment for up to ten years. This provision applies to lesser terrorist offences, but it is still a serious crime that can cause significant harm to people. The provision underscores the seriousness with which the Canadian government treats all forms of terrorism and the need to ensure that all persons involved in terrorism, whether directly or indirectly, face justice. Importantly, the provision requires that the person charged with the offence must have known that the person they were harbouring or concealing had carried out a terrorist activity. This means that individuals who unknowingly provide shelter or support to someone involved in terrorist activities will not be criminally liable. The provision also references the purpose of harbouring or concealing the person, stating that it must have been with the aim of facilitating or carrying out any terrorist activity. This means that simple acts of kindness or support, such as providing food or shelter to someone as a gesture of hospitality, will not be considered a terrorist act. Overall, section 83.23(1) of the Criminal Code of Canada is an important provision in Canada's fight against terrorism. It provides legal consequences for individuals who aid and support terrorist activities, ensuring that both the direct actors and anyone who may have aided the perpetrators face justice. The provision sends a strong message that Canada will not tolerate terrorism, and those who commit such crimes will face severe legal consequences. Additionally, the provision also strikes a balance between punishing individuals who support terrorism and preserving the fundamental human rights of individuals who may get caught up in a complex web of terrorist activities beyond their control.
STRATEGY
Section 83.23(1) of the Criminal Code of Canada is an important provision in the fight against terrorism in the country. As such, it is crucial to consider key strategies when dealing with this provision of the law. Some of the strategic considerations that should be taken into account include enhancing intelligence gathering, improving interagency cooperation, and promoting public awareness. Intelligence Gathering Terrorism often thrives in secrecy, and terrorists rely on supporters and sympathizers to provide them with shelter and cover. Therefore, intelligence gathering should be a vital strategy in the implementation of Section 83.23(1). The intelligence agencies should work around the clock to gather intelligence regarding the identities of people who have carried out terrorist activities and their supporters, sympathizers, and financiers. This intelligence should be used to identify and track down those harboring or concealing terrorists and bring them to justice. Interagency Cooperation Effective implementation of section 83.23(1) requires close cooperation between law enforcement agencies, intelligence services, and other relevant bodies. Often, terrorists and their supporters operate across multiple jurisdictions, which may require the involvement of multiple agencies. Interagency cooperation can help law enforcement officers and intelligence services share information, resources, and expertise leading to the rapid capture of terrorists and those harboring or concealing them. Public Awareness The public has a critical role to play in fighting terrorism in Canada. It is, therefore, essential to raise awareness among the public regarding the dangers of terrorism and their role in preventing it. Public awareness campaigns can help to identify those harboring or concealing terrorists. Encouraging members of the public to report suspicious activity can help detect potential terrorists and their supporters, thereby making the implementation of section 83.23(1) much more effective. Strategies that could be employed There are several strategies that can be employed to ensure effective implementation of section 83.23(1). These include: 1. Increased Surveillance: By increasing surveillance efforts and monitoring individuals believed to have links to known terrorists, law enforcement officers and intelligence services can increase their chances of capturing those harboring or concealing terrorists. 2. Sting Operations: Sting operations can be used to identify and capture those harboring or concealing terrorists. Sting operations are often useful when dealing with individuals unwilling to cooperate with the authorities. 3. Prosecution of Supporters: Prosecuting supporters, whether financial or otherwise, of terrorists can serve as a deterrent to those who would otherwise aid terrorists. By prosecuting supporters, the authorities can effectively cut terrorists off from their networks and thus make their operations less effective. 4. International Cooperation: Since terrorists often operate across borders, international cooperation with other countries can be vital in capturing terrorists and their supporters. International alliances can also be instrumental in sharing intelligence, resources, and best practices for fighting terrorism. 5. Community Engagement: Working with local communities can help to identify and eliminate support networks for terrorists. Engaging with communities can help to promote public awareness regarding the dangers of terrorism and the importance of preventing it. Conclusion Section 83.23(1) of the Criminal Code of Canada is a vital tool in the fight against terrorism in the country. By implementing this section of the law effectively, law enforcement officers and intelligence services can capture those who harbor or conceal terrorists and disrupt their operations. Effective implementation of section 83.23(1) requires strategies such as increased intelligence gathering, interagency cooperation, and public awareness campaigns. By employing these strategies, the authorities can successfully combat terrorism in Canada.