INTRODUCTION AND BRIEF DESCRIPTION
Committing an offence under subsection (1) that causes bodily harm results in imprisonment for up to 10 years or 18 months.
SECTION WORDING
83.231 (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
EXPLANATION
Section 83.231(3) of the Criminal Code of Canada provides an explanation for the legal consequences of committing an offense which causes bodily harm under subsection (1). This section deals with terrorism-related offenses and their punishments. Subsection (1) of this code outlines what an offense under the terror-related offense constitutes. It includes taking part in or facilitating terrorist activities, providing resources to terrorists, or participation in terrorist training activities. If someone commits an offense under subsection (1) and their actions cause bodily harm to another person, they will be charged with a more severe punishment under subsection (3). The section clearly states that such a person is guilty of an indictable offense and is liable to imprisonment for a term not exceeding ten years. This means that if the prosecution decides to proceed by indictment, a person convicted of this offense would face up to 10 years in prison. Alternatively, the offender can be punished for a summary conviction where their offense is punishable by imprisonment for a term not exceeding eighteen months. This means that an offender would serve a maximum of eighteen months in jail if prosecuted by summary conviction. This section aims to deter individuals from committing terror-related offenses that would cause bodily harm. It also ensures that justice is served by providing clear consequences for such actions. Therefore, this section serves to maintain public safety and security by deterring individuals from engaging in such activities and punishing them for their wrongdoings.
COMMENTARY
Section 83.231(3) of the Criminal Code of Canada is a provision that outlines the punishment for individuals who commit an offence under subsection (1) and thereby cause bodily harm to another person. Specifically, this section acknowledges that the act of causing bodily harm in the context of an offence under subsection (1) is a serious crime that may warrant imprisonment for a significant period of time. The offence under subsection (1) refers to certain terrorist activity-related actions, such as the possession, use, or storing of explosive substances or terrorist propaganda. These actions are considered serious crimes in Canada, as they can potentially harm many individuals and disrupt the stability of the country. However, not all offences under subsection (1) are created equal. If an individual commits an offence under subsection (1) but does not cause bodily harm, for example, they may not be subject to the same severe punishment as someone who does cause bodily harm. The provision in subsection (3) seeks to address this distinction, recognizing that an offence under subsection (1) that causes bodily harm is a more serious crime that warrants harsher punishment. The provision outlines two potential forms of punishment: imprisonment for up to ten years for an indictable offence, or imprisonment for up to eighteen months for an offence punishable by summary conviction. These sentences are significantly more severe than those associated with a typical" bodily harm offence, which may result in a maximum sentence of ten years for an indictable offence or eighteen months for a summary conviction. The seriousness of these punishments underscores the gravity of causing bodily harm in the context of a terrorist-related offence. While bodily harm is always a serious matter and should not be taken lightly, the threat that terrorist activity poses to public safety and national security necessitates a strong and meaningful response from the justice system. By outlining the potential punishment for individuals who cause bodily harm while committing a terrorist-related offence, subsection (3) of section 83.231 acknowledges both the severity of the offence and the need for robust legal consequences. Of course, the effectiveness of a severe punishment depends on its ability to deter individuals from committing the crime in the first place. While it's impossible to know for sure, it's possible that the severe punishments outlined in subsection (3) could potentially deter some individuals from engaging in terrorist activity-related offences that could cause bodily harm. However, it's important to acknowledge that the root causes of terrorism are complex, and that legal consequences can only do so much to prevent it. In summary, section 83.231(3) of the Criminal Code of Canada is a provision that acknowledges the seriousness of causing bodily harm in the context of a terrorist-related offence. By outlining severe potential punishments for those who commit this crime, the provision underscores the gravity of terrorism-related offences and the importance of public safety and national security. While the effectiveness of these punishments as a deterrent is unclear, their existence serves as a reminder that the justice system takes terrorism-related offences and the potential harm they can cause very seriously.
STRATEGY
Section 83.231(3) of the Criminal Code of Canada deals with offences related to terrorism, specifically those that cause bodily harm. When dealing with this section strategically, there are a number of considerations that should be taken into account in order to ensure the most effective approach to the situation. One strategic consideration is the severity of the offence. If bodily harm has been caused, it is important to take that into account when determining the appropriate response to the situation. This means understanding the extent of the harm caused, and whether it was intentional or unintentional. This information will dictate the level of punishment sought in order to deter similar offences from occurring in the future. Another strategic consideration is the level of evidence available to prosecute the offender. Gathering evidence for terrorism-related offences can be difficult, so it is important to have a solid plan in place for collecting and preserving relevant evidence. This might include obtaining surveillance footage, interviewing witnesses, or reviewing digital communications. Another strategy is to focus on communication and engagement with the broader community. This could involve providing information to the public on how to report suspicious activity, providing training for law enforcement to recognize potential terrorist threats, and creating partnerships between law enforcement agencies and community organizations. In terms of specific strategies that could be employed when dealing with section 83.231(3), there are a number of different options. One approach might be to increase the level of surveillance in the community, particularly around potential targets of terrorist attacks. Another strategy might be to collaborate with other law enforcement agencies to share information and intelligence on potential threats. Another approach could involve working to identify the root causes of terrorism and extremism and addressing these issues from a social and economic standpoint. This could involve investing in education and job training programs, providing mental health support, and working to address issues of discrimination and inequality. Finally, it is important to recognize the importance of international partnerships in the fight against terrorism. This could include working with other countries to share information and intelligence, collaborating on training programs, and coordinating responses to potential terrorist threats. Overall, the key to dealing effectively with section 83.231(3) of the Criminal Code of Canada is to remain flexible and adaptable in response to changing threats and circumstances. By taking a strategic and collaborative approach, law enforcement agencies can work to prevent and deter terrorism-related offences and keep communities safe.