Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Leaving Canada to participate in activity of 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 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.

  • 2013, c. 9, s. 6.
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.
Marginal note:Instructing to carry out terrorist activity
  •  (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.

  • 2001, c. 41, s. 4.
Marginal note:Advocating or promoting commission of terrorism offences
  •  (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    communicating

    communiquer

    communicating has the same meaning as in subsection 319(7). (communiquer)

    statements

    déclarations

    statements has the same meaning as in subsection 319(7). (déclarations)

  • 2015, c. 20, s. 16.
Marginal note:Warrant of seizure
  •  (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

    tribunal

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

    judge

    juge

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

    terrorist propaganda

    propagande terroriste

    terrorist propaganda means any writing, sign, visible representation or audio recording that advocates or promotes the commission of terrorism offences in general — other than an offence under subsection 83.221(1) — or counsels the commission of a terrorism offence. (propagande terroriste)

  • 2015, c. 20, s. 16.
 
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