INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code of Canada deals with acts or omissions committed outside of Canada that would be considered terrorist activities if committed within Canada.

SECTION WORDING

7(3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition "terrorist activity" in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person (a) is a Canadian citizen; (b) is not a citizen of any state and ordinarily resides in Canada; or (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada. Terrorist activity committed outside Canada (3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition "terrorist activity" in subsection 83.01(1) is deemed to commit that act or omission in Canada if (a) the act or omission is committed against a Canadian citizen; (b) the act or omission is committed against a Canadian government or public facility located outside Canada; or (c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act. (3.76) and (3.77) [Repealed, 2000, c. 24, s. 42]

EXPLANATION

Section 7(3.74) of the Criminal Code of Canada deals with the extraterritorial jurisdiction of Canadian law regarding terrorism offences. It states that if a person, who is a Canadian citizen, not a citizen of any state but ordinarily resides in Canada, or a permanent resident who is present in Canada after committing a terrorism offence outside Canada, would be deemed to have committed that offence in Canada. This provision aims to address a gap in Canadian law where a Canadian citizen or permanent resident could commit a terrorism offence outside Canada and not be prosecuted in Canada. Furthermore, section 7(3.75) extends the application of Canadian law to acts or omissions committed outside Canada that would be considered a terrorist activity referenced in paragraph (b) of the definition of "terrorist activity" in subsection 83.01(1). This includes acts or omissions committed against Canadian citizens, government or public facilities outside Canada, or committed with the intention of forcing the Government of Canada or a province to take or refrain from taking any action. Overall, these provisions demonstrate Canada's commitment to combatting terrorism and ensuring that individuals who commit terrorist activities outside Canada are held accountable for their actions under Canadian law, regardless of where they were committed.

COMMENTARY

Section 7(3.74) of the Criminal Code of Canada is a crucial and significant legal provision in the Canadian criminal justice system that deals with the commission of terrorism offences outside Canada by Canadian citizens, stateless persons ordinarily residing in Canada, and permanent residents. This section operates on a presumption of extraterritoriality, which means that individuals are deemed to have committed the offence in Canada, even though they committed the act or omission outside Canada. The provision recognizes that terrorism is a global phenomenon that transcends national boundaries and jurisdictions, and thus, underlines Canada's commitment to combatting terrorism through its domestic legislation. The provision targets individuals who commit terrorist acts outside Canada and seeks to hold them accountable for their actions under Canadian law. It also serves as a deterrent to individuals, groups, and organizations that may seek to pose a threat to Canadian security interests by committing terrorism offences abroad. Under section 7(3.74), three categories of individuals are liable: Canadian citizens, stateless persons who ordinarily reside in Canada, and permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. The provision encompasses acts or omissions that, if committed in Canada, would be a terrorism offence, except for offences under section 83.02 or offences referred to in paragraph (a) of the definition terrorist activity" in subsection 83.01(1). Section 7(3.75) deals with terrorist activity committed outside Canada but conceived to target Canadian interests. The section provides that individuals who commit acts or omissions outside Canada that would constitute an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition terrorist activity" in subsection 83.01(1), are deemed to commit that act or omission in Canada if the act or omission is committed against a Canadian citizen, government or public facility located outside Canada, or with intent to compel the Canadian or provincial government to do or refrain from doing any act. These provisions demonstrate the Canadian government's policy of zero tolerance approach towards terrorism and its commitment to ensuring the safety and security of Canadians both domestically and abroad. The Criminal Code aims to combat terrorism by taking robust and comprehensive measures that target not only those who commit terrorist offences within Canada but also those who seek to harm Canadian interests abroad. It reflects Canada's international obligations under the United Nations Security Council Resolutions and the Global Counter-Terrorism Strategy. However, it is vital to note that these provisions must be applied judiciously and with great care. The provisions must be interpreted reasonably, and enforcement agencies must ensure that the individuals' rights and freedoms are protected, even as they investigate and prosecute terrorism offences. Additionally, the provisions must be balanced so that they do not lead to the over-criminalization of certain activities or the punishment of innocent persons inadvertently caught up in terrorist investigations. In conclusion, section 7(3.74) and (3.75) of the Criminal Code of Canada are essential provisions that demonstrate Canada's commitment to combatting terrorism both domestically and internationally. The provisions broaden the scope of the Canadian criminal justice system, ensuring that individuals who commit terrorism offences abroad are held accountable under Canadian law. However, these provisions must be applied with care and in accordance with the individuals' rights and freedoms to prevent unwarranted and unjust interference in their lives.

STRATEGY

One of the main considerations when dealing with Section 7(3.74) and 7(3.75) of the Criminal Code of Canada is the extraterritorial reach of Canadian law and the potential enforcement challenges it may pose. To effectively deal with this section, the authorities must establish effective international cooperation mechanisms and engage in diplomacy efforts with other countries to facilitate the apprehension, detention, and extradition of suspects who commit terrorism offences abroad. Another important strategic consideration is the need for clear and precise legal interpretation of the section to avoid potential misapplications or abuse of power. This is particularly important since the provision expands the jurisdiction of Canadian courts and law enforcement agencies beyond Canadian borders, which could raise concerns about violating international laws and sovereignty. To mitigate these risks and ensure fair and consistent application of the provision, the authorities could establish clear guidelines and protocols for determining when Section 7(3.74) and 7(3.75) will be invoked, the procedures for evidence gathering and legal proceedings, and the conditions for extradition or transfer of suspects to Canadian jurisdiction. The authorities could also enhance their intelligence gathering and sharing mechanisms, both domestically and internationally, to detect and prevent terrorism activities abroad by Canadian citizens or residents. This could involve working closely with partner agencies and applying advanced technologies and analytical tools to identify potential threats and sources of radicalization. Furthermore, given the complexity and sensitivity of terrorism cases, the authorities could also consider leveraging community engagement and outreach initiatives that involve affected communities and stakeholders in the development and implementation of counterterrorism strategies. This could promote trust and collaboration and enhance the effectiveness of preventive measures while respecting human rights and fundamental freedoms. Overall, dealing with Section 7(3.74) and 7(3.75) of the Criminal Code of Canada requires a comprehensive approach that balances the need for effective law enforcement measures with respect for international laws, human rights, and democratic values. By adopting such a strategy, the authorities can enhance their capacity to prevent and prosecute terrorism offences committed abroad by Canadian citizens or residents and contribute to global efforts to combat terrorism.

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