Many Canadians appear to have a poor understanding of what constitutes terrorism, terrorist actions, and what might be considered participating in a terrorist group, or organized terrorist activities.
Terrorism Laws in Canada
Section 83.0(1) of the Criminal Code of Canada outlines what is considered terrorist activities in Canada, relevant sections include the following:
(a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:
See full list of offences here:
https://laws-lois.justice.gc.ca/eng/acts/c-46/page-13.html#docCont
(b) an act or omission, in or outside Canada,
(i) that is committed
(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and
(ii) that intentionally
(A) causes death or serious bodily harm to a person by the use of violence,
(B) endangers a person’s life,
(C) causes a serious risk to the health or safety of the public or any segment of the public,
(D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
(E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. (activité terroriste)
See video: NP Explainer: Anti-Terrorism Bill (C-51)
National Post. (2018). NP Explainer: Anti-Terrorism Bill (C-51). Youtube. Retrieved from: https://www.youtube.com/watch?v=4aOIzw7_M5M.
[Editor: Blogger will not allow the video to be displayed in a video format, link is provided].
Why People Are Opposed to Bill C-51
CBC News (2015). Why People Are Opposed to Bill C-51. The National. Retrieved from: https://www.youtube.com/watch?v=0wt3Y5S_PVY
Anti-Terrorism Act (2001)
- Assented to on December 18, 2001.
Link: https://laws-lois.justice.gc.ca/eng/acts/a-11.7/page-1.html.
How is a Terrorist Group Defined in Canada?
Participating, Facilitating, Instructing and Harbouring
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.
List of Terrorist Entities from the Canadian Government:
Current list: https://www.securitepublique.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/index-en.aspx
Inciting Hatred and Violence As a Terrorist Activity
Canada also has laws against inciting hatred and violence.
There is substantive material evidence that there are individuals, groups and organizations in Canada who are attempting to subvert democracy and the constitutional and civil rights of Canadians, pursuant to the Canadian Charter of Rights and Freedoms, through the deceptive, malicious and manipulative use of incitement of hatred and violence. I believe that this is a threat to Canada, Canadian values, and the constitutional rights of Canadians and civil society.
Some of these individuals are in positions of power and authority, and represent groups and organizations. These are not the usual types of groups, or organizations Canadians would associate with terrorism, or engage in terrorist activities.
I believe the definition of what constitutes a terrorist organization should be expanded and enhanced to include these groups who are clearly working to subvert civil society and democracy in Canada.
Public incitement of hatred
319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
Definitions
(7) In this section,
communicating includes communicating by telephone, broadcasting or other audible or visible means; (communiquer)
identifiable group has the same meaning as in section 318; (groupe identifiable)
public place includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)
statements includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. (déclarations)
References
Government of Canada. (1982). Constitution Act: Canadian Charter of Rights and Freedoms. Retrieved from: https://laws-lois.justice.gc.ca/eng/const/page-15.html.
Government of Canada. Criminal Code of Canada: Terrorism. Retrieved from: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-13.html#docCont.
Government of Canada. Counter-terrorism Strategy. Public Safety Canada. Retrieved from: https://www.securitepublique.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/cntr-trrrsm-strtg-en.aspx.
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