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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2021-06-03 and last amended on 2021-05-06. Previous Versions

PART II.1Terrorism (continued)

Forfeiture of Property (continued)

Marginal note:Disposition of property

 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).

  • 2001, c. 41, s. 4

Marginal note:Interim preservation rights

  •  (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).

  • 2001, c. 41, s. 4

Marginal note:Other forfeiture provisions unaffected

  •  (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.

  • 2001, c. 41, s. 4

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group

  •  (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

 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

  •  (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.

  • 2001, c. 41, s. 4

Marginal note:Leaving Canada to facilitate terrorist activity

 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.

  • 2013, c. 9, s. 7

Marginal note:Commission of offence for terrorist group

 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.

  • 2001, c. 41, s. 4

Marginal note:Leaving Canada to commit offence for terrorist group

 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.

  • 2013, c. 9, s. 8

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

 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.

  • 2013, c. 9, s. 8

Marginal note:Instructing to carry out activity for terrorist group

  •  (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.

  • 2001, c. 41, s. 4
 
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