INTRODUCTION AND BRIEF DESCRIPTION

Terrorist activity is considered facilitated regardless of whether the facilitator knew, planned or foresaw the activity.

SECTION WORDING

83.19(2) For the purposes of this Part, a terrorist activity is facilitated whether or not(a) the facilitator knows that a particular terrorist activity is facilitated;(b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or (c) any terrorist activity was actually carried out.

EXPLANATION

Section 83.19(2) of the Criminal Code of Canada is part of the Canadian government's legislative effort to combat terrorism. This section establishes the parameters for what constitutes a terrorist activity facilitated under the broader Part II.1 of the Criminal Code, which deals with terrorism-related offenses. In essence, facilitation is a prohibited act that seeks to support or enable a terrorist activity, even if the facilitator is unaware of the specific terrorist activity being planned or carried out. Subsection (a) of Section 83.19(2) specifically indicates that lack of knowledge on the part of the facilitator is not a defense to the charge of facilitating a terrorist activity. In other words, a person can still be charged and convicted under this section, even if they claim ignorance of the fact that the activity they were supporting was a terrorist act. Similarly, subsection (b) clarifies the scope of the prohibitive provision by emphasizing that it applies to all cases where facilitation was aimed at supporting a terrorist activity at any stage, regardless of whether the activity was foreseen or planned at the time it was facilitated. This provision ensures that the prohibition against facilitation of terrorism is wide and covers a broad range of acts that may implicitly or explicitly enable terrorist activity. Finally, under subsection (c), it is clear that the successful execution of a terrorist activity is not necessary to show that facilitation occurred. Rather, the courts can establish facilitation where the prosecution demonstrates that the accused engaged in conduct that could facilitate a terrorist activity, irrespective of its outcome. Overall, Section 83.19(2) is an important tool for Canadian law enforcement and for the country's fight against terrorism. It broadens the scope of facilitating a terrorist activity to encompass a wider range of conduct and is an essential provision in the Criminal Code's efforts to combat the financing, planning, and organization of terrorist offenses.

COMMENTARY

Section 83.19(2) of the Criminal Code of Canada (CCC) is an important piece of legislation that seeks to address the facilitation of terrorist activities. It defines what constitutes a terrorist activity and outlines the extent to which facilitation can occur. Essentially, the section makes it clear that anyone who provides assistance, whether knowingly or not, in the commission of a terrorist activity can be held liable. The first aspect of the section to consider is its broad definition of terrorist activities. According to the CCC, a terrorist activity is any act that is committed, in whole or in part, for political, religious, or ideological purposes and is intended to intimidate the public or a segment of the public. This includes acts of violence, threats of violence, and acts that cause significant economic disruption. By providing such a broad definition of terrorist activities, the CCC ensures that those who facilitate such activities are held accountable regardless of the specific nature of the act. The section goes on to state that facilitation can occur even if the facilitator does not know that a particular terrorist activity is being facilitated. This is significant because it means that individuals who provide assistance to others may still be held responsible even if they did not know that their actions would contribute to a terrorist act. This provision is important because it helps prevent individuals from avoiding prosecution by claiming that they did not know what they were doing. Another key aspect of the section is its recognition that facilitation can occur even if a particular terrorist activity was not foreseen or planned at the time it was facilitated. This provision recognizes that terrorist activities can be unpredictable and that individuals who provide assistance may not necessarily know the full extent of what they are contributing to. Again, this provision helps ensure that those who facilitate terrorist activities are held accountable regardless of their level of knowledge or insight into the situation. Finally, the section recognizes that facilitation can occur even if the terrorist activity was not actually carried out. This provision is important because it recognizes that individuals who provide assistance may be contributing to the planning and preparation of a terrorist act even if the act itself never comes to fruition. This provision also ensures that the law can be used to prevent individuals from providing assistance even if the threat of terrorism is not imminent. Overall, Section 83.19(2) of the CCC plays an important role in addressing the facilitation of terrorist activities. Its broad definition of terrorist activities and recognition of the various ways in which facilitation can occur helps ensure that those who provide assistance to terrorists can be held accountable. This, in turn, helps prevent terrorist activities from occurring and helps keep communities safe.

STRATEGY

Section 83.19(2) of the Criminal Code of Canada is an essential tool in the fight against terrorism. The legislation stipulates that a person can be found guilty of facilitating terrorism, irrespective of their knowledge or intention. It is a significant step towards counterterrorism, but the implementation has its challenges. Strategic considerations must be made when dealing with this section of the Criminal Code of Canada. A major strategic consideration is to balance civil liberties with national security. While it is necessary to take appropriate measures to prevent terrorist activities, it is equally important not to infringe civil liberties. Stakeholders must ensure that the person or group being investigated has a fair chance to present their case and that their rights are not denied. It also requires cooperation between different agencies and law enforcement authorities to prioritize national security. Another essential strategy is to understand how terrorism works. To identify those who facilitate terrorism and investigate their activities, relevant authorities must keep up-to-date with current trends, theories, and methods of attack used by terrorist groups. This involves the exchange of information and intelligence both domestically and internationally, and the use of technological advancements to monitor and gather data. Training and capacity building form another crucial strategic consideration. To implement Section 83.19(2) effectively, law enforcement agencies must have the necessary skills and capabilities to identify and investigate terrorists. This requires regular training, capacity building, and sharing knowledge and best practices. Collaboration, particularly within and between agencies, facilitates effective implementation and improves chances of apprehending terrorists. Finally, changes in the environment that enable extremists to thrive such as economic instability and societal disenfranchisement must be addressed. In the long-term, it will require acting on multiple fronts to eliminate the root cause of terrorism and the factors that allow it to flourish such as social, economic, and political marginalization. Some of the strategies that could be employed include spreading awareness and educating communities about radicalization and terrorism, implementing community policing approaches, which emphasize local community engagement and developing stronger community relationships. In conclusion, the implementation of Section 83.19(2) of the Criminal Code of Canada is critical to enable the authorities to curb the menace of terrorism. However, the strategic considerations discussed above are vital to ensure that the legislation is applied effectively without infringing civil liberties, sustaining collaboration, building capacity, and addressing the underlying issues that give rise to terrorism.