Criminal Code of Canada - section 83.23(2) - Concealing Person who is Likely to Carry out Terrorist Activity

section 83.23(2)

INTRODUCTION AND BRIEF DESCRIPTION

Knowingly harboring or concealing someone likely to carry out a terrorist activity is an indictable offense with a maximum sentence of 10 years imprisonment.

SECTION WORDING

83.23(2) Everyone who knowingly harbours or conceals any person whom they know to be a person who is likely to carry 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 for a term of not more than 10 years. 2001, c. 41, s. 4; 2013, c. 9, s. 9.

EXPLANATION

Section 83.23(2) of the Criminal Code of Canada criminalizes the act of knowingly harboring or concealing a person who is likely to carry out a terrorist activity for the purpose of facilitating or enabling that person to commit such an act. This section was added to the Criminal Code in 2001 as a response to the 9/11 terrorist attacks in the United States and subsequent concerns about the potential for terrorism in Canada. It was later amended in 2013 to clarify and expand the scope of the offence. The offence under this section is a serious one and carries a maximum penalty of 10 years imprisonment. To be found guilty of the offence, a person must have knowledge that the person they are harboring or concealing is likely to carry out a terrorist activity. This means that the person must have some reason to believe that the individual in question is planning or preparing to commit a terrorist act, and must have acted with the intention of facilitating or enabling that act. The offence is broad in scope and can apply to a wide range of situations. For example, it could apply to someone who provides housing or transportation to a person whom they know is planning a terrorist attack, or to someone who provides financial or logistical support to a terrorist group. It could also apply to individuals who knowingly provide material support, such as weapons or explosives, to someone who is likely to carry out a terrorist act. Overall, section 83.23(2) serves as an important tool in the fight against terrorism and sends a clear message that those who support or enable terrorist activities will be held accountable under Canadian law.

COMMENTARY

Section 83.23(2) of the Canadian Criminal Code is an important provision aimed at preventing terrorist activities and punishing individuals who support terrorism. This provision criminalizes harboring or concealing a person who is likely to carry out a terrorist activity, with the intent of facilitating or carrying out such an activity. It carries a maximum penalty of 10 years imprisonment and is an indictable offense. The purpose of this provision is to deter individuals from providing support or assistance to terrorists, thereby preventing the commission of terrorist activities. The law recognizes that terrorism is a serious threat to public safety and security and that those who provide support to terrorists should be held accountable for their actions. By criminalizing such conduct, the law sends a clear message that terrorism will not be tolerated and that those who engage in such activities will be punished. This provision is also important because it recognizes that terrorism cannot be defeated by law enforcement agencies alone. While law enforcement plays a critical role in preventing and responding to terrorist acts, the support and assistance of the public is also crucial. The provision recognizes that individuals who provide support to terrorists can enable them to carry out their activities and therefore should be held accountable. This helps to discourage people from supporting terrorists and also makes it easier for law enforcement agencies to identify and prosecute such individuals. However, the provision must be applied carefully to avoid unintended consequences. One potential issue is that individuals who provide support to terrorists may do so without knowing that they are doing so. In such cases, the provision may be applied too broadly and may unfairly punish those who did not intend to provide support to terrorists. In addition, the provision may be misused to target individuals or groups who are wrongly suspected of having ties to terrorism. Another issue is that the provision may be used to justify surveillance and other intrusive measures against individuals who are suspected of providing support to terrorists. Such measures could violate the privacy rights of individuals and may lead to a chilling effect on free speech and other fundamental rights and freedoms. Overall, section 83.23(2) of the Criminal Code of Canada is an important provision that plays a critical role in preventing terrorism and holding those who support terrorists accountable. However, it must be applied carefully to avoid unintended consequences and to protect the rights and freedoms of individuals. By striking the right balance between security and liberty, the provision can help to ensure that Canadians are safe from the threat of terrorism while also preserving the values that make Canada a free and democratic society.

STRATEGY

Strategic Considerations When Dealing with Section 83.23(2) of the Criminal Code of Canada Section 83.23(2) of the Criminal Code of Canada is an important provision in the fight against terrorism. This section makes it an indictable offence for anyone who knowingly harbours or conceals any person whom they know to be a person who is likely to carry out a terrorist activity. The purpose of this provision is to prevent individuals or groups from providing support to terrorists and to deter them from doing so. However, in implementing this provision, law enforcement agencies need to consider several strategic factors. First, law enforcement agencies need to ensure that they have access to reliable and relevant intelligence on suspected terrorists and their supporters. This information can be obtained from different sources, including foreign intelligence agencies, domestic security agencies, and community members. Intelligence can help police to identify individuals or groups who are likely to engage in terrorist activities, as well as those who are providing support to them. This, in turn, can help them to focus their investigative efforts and prevent terrorist attacks. Second, law enforcement agencies need to take into account the diverse range of communities in which they operate. The use of section 83.23(2) can be perceived as discriminatory or biased towards certain groups or communities. This can lead to a lack of cooperation and trust between police and these communities, which can hinder their efforts to prevent terrorism. To address this challenge, law enforcement agencies must engage with these communities, build trust, and work collaboratively to prevent terrorism. Third, law enforcement agencies need to balance the need to prevent terrorism with the need to protect civil liberties and human rights. The use of section 83.23(2) can be seen as a violation of the right to privacy, freedom of association, and freedom of expression. To ensure that these rights are protected, law enforcement agencies need to ensure that they have strong evidence to support their use of this provision. They also need to provide sufficient safeguards, including oversight, to prevent abuse of power and ensure that human rights are protected. Strategies That Could Be Employed To address these strategic considerations, law enforcement agencies can employ a range of strategies. These strategies include the following: 1. Intelligence Gathering: Law enforcement agencies need to invest in intelligence gathering and analysis capabilities to identify individuals or groups who are likely to engage in terrorist activities, as well as those who are providing support to them. This can be achieved by working with foreign intelligence agencies, domestic security agencies, and community members. 2. Community Engagement: Law enforcement agencies need to engage with different communities, particularly those that may be at risk of radicalization or that feel marginalized. This can be achieved through the implementation of community policing strategies, collaboration with community leaders, and the provision of opportunities for dialogue and engagement. 3. Evidence Gathering: Law enforcement agencies need to collect sufficient evidence to support their use of the provisions of Section 83.23(2). This can be achieved through the use of surveillance, wiretaps, and other investigative techniques, but it must be grounded in the principles of due process and respect for human rights. 4. Law Enforcement Cooperation: Law enforcement agencies need to work collaboratively to prevent terrorism. This can be achieved through the sharing of intelligence, the provision of training and resources, and the development of joint investigative teams. 5. Legal Oversight: Law enforcement agencies need to ensure that there is sufficient legal oversight to prevent the abuse of power and protect human rights. This can be achieved through the use of judicial warrants, legislative oversight, and independent reviews of their operations. Conclusion Section 83.23(2) is an important provision in the fight against terrorism. However, its implementation requires careful consideration of strategic factors, including the need for intelligence gathering, community engagement, evidence gathering, law enforcement cooperation, and legal oversight. By employing these strategies, law enforcement agencies can prevent terrorism while protecting civil liberties and human rights.