INTRODUCTION AND BRIEF DESCRIPTION
Section 83.02 prohibits the willful provision or collection of property with the intent or knowledge that it will be used to commit a terrorist act or other act causing death/harm to civilians with the purpose of intimidating the public or compelling a government/international organization, punishable by up to 10 years imprisonment.
SECTION WORDING
83.02 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of "terrorist activity" in subsection 83.01(1), or (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act, is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
EXPLANATION
Section 83.02 of the Criminal Code of Canada criminalizes the provision and collection of property with the intention of using or knowing that it will be used to carry out acts of terrorism or any other act intended to cause death or serious bodily harm to civilians or non-combatants. The provision of property includes anything of value, such as money, weapons, explosives, or any other resources that may directly or indirectly contribute to the commission of the aforementioned acts. This section aims to prevent the financing of terrorist activities by criminalizing the provision and collection of property that may be used to facilitate or support such activities. The provision and collection of property for terrorist purposes is a grave offence, and anyone convicted of violating this section could face up to 10 years imprisonment. The definition of 'terrorist activity' in this section includes a range of offences such as hostage-taking, hijacking, and the use of explosives or firearms with the intention to cause death or serious harm. The inclusion of other acts that intend to cause harm to civilians or non-combatants expands the scope of this section to cover a broader range of potential terrorist acts that may not fit within the narrow definition of terrorism. Overall, the aim of section 83.02 is to ensure that individuals and organizations are held accountable for their role in facilitating and supporting terrorist activities, thus contributing to the maintenance of peace and security in Canada.
COMMENTARY
Section 83.02 of the Criminal Code of Canada addresses the provision and collection of property for the purpose of carrying out terrorist activities or acts intended to cause death or serious bodily harm to civilians or those not involved in armed conflict. The section criminalizes this conduct and imposes a prison term of up to 10 years for offenders. This section is an important tool in Canada's fight against terrorism and violent extremism. By targeting those who facilitate these activities through the provision of resources, the law seeks to disrupt and dismantle terrorist networks. The broad language of the section also allows for the prosecution of those who may not be directly involved in violent acts but are providing support to those who are. One of the main challenges with this section is defining what constitutes "knowing" that the property will be used for terrorist activities or acts causing harm. This requires proving the intent of the accused, which can be difficult in some cases. Additionally, the section may infringe upon freedom of expression and of association, as individuals may fear being prosecuted for simply expressing opinions or associating with individuals who may be involved in extremist activities. However, the Criminal Code of Canada provides safeguards to protect these fundamental rights. The requirement of "lawful justification or excuse" ensures that individuals engaging in activities that is not for the purpose of terrorism or harm are not targeted for prosecution. Furthermore, the prosecution must prove beyond a reasonable doubt that the accused had the required intent to support terrorism or harm, providing a high standard of proof. Despite its challenges, Section 83.02 plays a crucial role in preventing and prosecuting terrorist activities. As we continue to face the threat of violent extremism, it is essential that our laws and law enforcement tactics remain vigilant and effective in addressing this complex issue.
STRATEGY
One of the primary strategic considerations when dealing with section 83.02 of the Criminal Code of Canada is the need to have clear evidence that the accused had the requisite intent to provide or collect property for the purpose of carrying out a terrorist activity or other act intended to cause death or serious bodily harm. This may require careful investigation and analysis of the accused's communications, financial transactions, and other activities to establish a link between their actions and the intended criminal activity. Another key consideration is the need to balance the interests of national security and public safety with the protection of civil liberties and human rights. In cases involving section 83.02, there is a risk that innocent individuals may be targeted or subject to undue surveillance or scrutiny. It is therefore important to ensure that investigations are conducted within the parameters of Canadian law and that all individuals are treated fairly and with dignity and respect. One strategy that could be employed in dealing with section 83.02 is to focus on disrupting and dismantling networks that support terrorist activity. This may involve targeting financial transactions, travel patterns, and other activities that support the planning and execution of terrorist acts. Another strategy may be to engage with communities and individuals at risk of radicalization and offer support and assistance that can help prevent them from becoming involved in extremist activities. Other strategies may include enhancing intelligence-sharing and coordination among law enforcement and security agencies, investing in technology and training to improve investigative capabilities, and developing partnerships with civil society organizations, faith groups, and other stakeholders to promote a broader understanding of the factors that drive violent extremism and to foster greater social cohesion and resilience. Ultimately, the key to successfully dealing with section 83.02 of the Criminal Code of Canada lies in adopting a multifaceted approach that combines a range of strategies and interventions, from intelligence gathering and law enforcement to community engagement and outreach. By working together and using the best available tools and resources, Canada can continue to effectively address the ongoing threat posed by terrorism and other forms of violent extremism.
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