Criminal Code of Canada - section 83.03 - Providing, making available, etc., property or services for terrorist purposes

section 83.03

INTRODUCTION AND BRIEF DESCRIPTION

Collecting or providing property or services to assist in terrorist activities or for the benefit of a terrorist group is a criminal offense punishable by up to 10 years imprisonment.

SECTION WORDING

83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group, is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

EXPLANATION

Section 83.03 of the Criminal Code of Canada outlines the criminal offence of providing material support or resources to a terrorist group or individual. This section makes it illegal to collect or provide property, financial or other related services with the intention or knowledge that they will be used to facilitate or carry out any terrorist activity or benefit someone who is involved in such an activity. The intention or knowledge requirement in this section is critical, as it ensures that only those who knowingly and deliberately provide support to terrorists are held accountable. This section can apply to a wide range of activities, such as providing funds, weapons, training, or even shelter to individuals or groups that are involved in terrorist activities. The punishment for violating this section is imprisonment for up to 10 years. The seriousness of this offence reflects the significant harm that terrorism can cause to individuals, communities, and society as a whole. By prohibiting and punishing those who provide support to terrorists, Canada aims to reduce the risk of terrorism and maintain the safety and security of its citizens. Section 83.03 is one of many provisions in the Criminal Code that target terrorism and its associated activities. These laws reflect the Canadian government's commitment to preventing and combating terrorism, and the importance that it gives to ensuring that individuals and organizations are held accountable for their actions.

COMMENTARY

Section 83.03 of the Criminal Code of Canada is a crucial piece of legislation that serves to combat terrorism in the country. It outlines criminal charges against individuals who knowingly collect property or provide financial services intended to be used for terrorist activities or to benefit a terrorist group. The provision is essential in addressing the threat that terrorism poses to national security. Terrorist groups operate by collecting or financing property and financial services that facilitate their operations. By criminalizing activities that support terrorist groups, the legislation aims to disrupt their ability to finance their operations. Additionally, the legislation seeks to deter individuals from engaging in activities that promote terrorism or are in support of terrorist groups. The harsh penalties imposed by the law, such as imprisonment for a maximum of 10 years, send a clear message that terrorism will not be tolerated in Canada, and anyone who participates in such activities will be held accountable. Section 83.03 embodies Canadian values and principles, such as respect for human life, freedom, and democracy. Terrorist activities are antithetical to these values, making it necessary to take measures to prevent such activities from occurring. The provision reflects Canada's commitment to protecting its citizens and maintaining peace within its borders. The legislation is also in line with international law and norms, such as the United Nations' Global Counter-Terrorism Strategy. The strategy calls for member states to take measures to prevent and combat terrorism, including criminalizing the financing of terrorism. One of the essential aspects of the provision is that it targets not only individuals who engage in terrorist activities but also those who support these activities through their actions. By targeting those who provide services or financial support, the legislation puts a check on the activities of terrorist groups and those who support them at various levels. In conclusion, Section 83.03 of the Criminal Code of Canada is critical in the fight against terrorism. It is a necessary tool to prevent and disrupt terrorist activities in the country, promote the safety of Canadian citizens, and protect Canadian values and principles. Its existence and harsh penalties send a clear message that terrorist activities will not be tolerated in Canada, and those who engage in such activities will be held accountable. The legislation is an essential part of Canada's efforts to maintain peace within its borders and contribute to global efforts to combat terrorism.

STRATEGY

Section 83.03 of the Criminal Code of Canada is designed to prevent people from providing material support to terrorist groups or individuals. The offense is not limited to providing weapons or explosives to terrorists but includes any property, financial or related services that could be used to facilitate terrorist activities or benefit the terrorist group. The provision was enacted in response to the growing threat of terrorism in Canada and the world. Strategic considerations when dealing with this section of the Criminal Code include effective intelligence gathering, inter-agency coordination, and community engagement. Effective intelligence gathering is critical to identifying individuals or groups who are likely to provide support to terrorists. Intelligence agencies should develop sources of information within communities where there is a risk of radicalization. They should also use technology to monitor communications and financial transactions that could indicate a potential threat. The intelligence should help law enforcement agencies to identify people who are involved in activities that could be construed as providing support or to prevent them from doing so. Inter-agency coordination is also essential in effectively enforcing the provision. Intelligence agencies should share information with relevant law enforcement agencies, including the Canadian Security Intelligence Service (CSIS), the Royal Canadian Mounted Police, and provincial and local police. The agencies should also coordinate their efforts with international partners to ensure that suspects do not fall through the gaps in the system. Coordination within the agencies should ensure that there is no duplication of efforts while maximizing the use of resources. Community engagement is also critical when dealing with this section of the Criminal Code. Communities where there is a risk of radicalization should be engaged to increase awareness of the threat and to encourage reporting of suspicious activities. Law enforcement agencies should collaborate with community-based organizations to build trust and to provide support to vulnerable individuals who may be at risk of radicalization. The application of Section 83.03 of the Criminal Code of Canada should be focused on individuals or groups who pose a genuine threat to national security. The provision should not be used to target innocent individuals or groups simply because of their race or religion. Law enforcement agencies should ensure that there is sufficient evidence to support charges under the provision before proceeding with prosecution. The provision should also be applied with sensitivity, recognizing that some individuals who have been radicalized may need support and rehabilitation rather than simply being punished. In conclusion, Section 83.03 of the Criminal Code of Canada is an essential tool in preventing terrorist activities and providing for public safety. The strategic considerations in dealing with the section are effective intelligence gathering, inter-agency coordination, community engagement, and sensitivity in applying the provision. Agencies responsible for enforcing the provision should be vigilant and proactive in identifying and addressing threats posed by individuals or groups likely to provide support to terrorists.