Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Disposition of property

83.15 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

Marginal note:Interim preservation rights

• 83.16 (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity.

• Marginal note:Appeal of refusal to grant order

  (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

Marginal note:Other forfeiture provisions unaffected

• 83.17 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

• Marginal note:Priority for restitution to victims of crime

  (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group

• 83.18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) a terrorist group actually facilitates or carries out a terrorist activity;

  • (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

• Marginal note:Meaning of participating or contributing

  (3) Participating in or contributing to an activity of a terrorist group includes

  • (a) providing, receiving or recruiting a person to receive training;

  • (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

  • (c) recruiting a person in order to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

  • (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

  • (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

• Marginal note:Factors

  (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

  • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

  • (b) frequently associates with any of the persons who constitute the terrorist group;

  • (c) receives any benefit from the terrorist group; or

  • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

Marginal note:Leaving Canada to participate in activity of terrorist group

83.181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Marginal note:Facilitating terrorist activity

• 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Facilitation

  (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.

Marginal note:Leaving Canada to facilitate terrorist activity

83.191 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.19(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Commission of offence for terrorist group

83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Leaving Canada to commit offence for terrorist group

83.201 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Leaving Canada to commit offence that is terrorist activity

83.202 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Instructing to carry out activity for terrorist group

• 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the activity that the accused instructs to be carried out is actually carried out;

  • (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);

  • (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

  • (e) a terrorist group actually facilitates or carries out a terrorist activity;

  • (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Marginal note:Instructing to carry out terrorist activity

• 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the terrorist activity is actually carried out;

  • (b) the accused instructs a particular person to carry out the terrorist activity;

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

  • (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

Marginal note:Counselling commission of terrorism offence

• 83.221 (1) Every person who counsels another person to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

• Marginal note:Application

  (2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled.

Marginal note:Warrant of seizure

• 83.222 (1) A judge who is satisfied by information on oath that there are reasonable grounds to believe that any publication, copies of which are kept for sale or distribution in premises within the court’s jurisdiction, is terrorist propaganda may issue a warrant authorizing seizure of the copies.

• Marginal note:Summons to occupier

  (2) Within seven days after the day on which the warrant is issued, the judge shall issue a summons to the premises’ occupier requiring the occupier to appear before the court and to show cause why the matter seized should not be forfeited to Her Majesty.

• Marginal note:Owner and author may appear

  (3) The owner and the author of the matter seized and alleged to be terrorist propaganda may appear and be represented before the court in order to oppose the making of an order for the forfeiture of the matter.

• Marginal note:Order of forfeiture

  (4) If the court is satisfied, on a balance of probabilities, that the publication is terrorist propaganda, it may make an order declaring that the matter be forfeited to Her Majesty, for disposal as the Attorney General may direct.

• Marginal note:Disposal of matter

  (5) If the court is not satisfied that the publication is terrorist propaganda, it may order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

• Marginal note:Appeal

  (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

• Marginal note:Consent

  (7) No proceeding under this section shall be instituted without the Attorney General’s consent.

• Marginal note:Definitions

  (8) The following definitions apply in this section.

  court

  court has the same meaning as in subsection 320(8). (tribunal)

  judge

  judge has the same meaning as in subsection 320(8). (juge)

  terrorist propaganda

  terrorist propaganda means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)

Marginal note:Order to computer system’s custodian

• 83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to

  • (a) give an electronic copy of the material to the court;

  • (b) ensure that the material is no longer stored on and made available through the computer system; and

  • (c) provide the information that is necessary to identify and locate the person who posted the material.

• Marginal note:Notice to person who posted material

  (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system’s custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

• Marginal note:Person who posted material may appear

  (3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5).

• Marginal note:Non-appearance

  (4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

• Marginal note:Order of deletion

  (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.

• Marginal note:Destruction of electronic copy

  (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

• Marginal note:Return of material

  (7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b).

• Marginal note:Appeal

  (8) An appeal lies from an order made under subsection (5) or (6) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

• Marginal note:Consent

  (9) No proceeding under this section shall be instituted without the Attorney General’s consent.

• Marginal note:When order takes effect

  (10) No order made under any of subsections (5) to (7) takes effect until the time for final appeal has expired.

• Marginal note:Definitions

  (11) The following definitions apply in this section.

  computer data

  computer data has the same meaning as in subsection 342.1(2). (données informatiques)

  computer system

  computer system has the same meaning as in subsection 342.1(2). (ordinateur)

  court

  court has the same meaning as in subsection 320(8). (tribunal)

  data

  data[Repealed, 2015, c. 20, s. 35]

  judge

  judge has the same meaning as in subsection 320(8). (juge)

  terrorist propaganda

  terrorist propaganda has the same meaning as in subsection 83.222(8). (propagande terroriste)