|
|
|
|
| Application
for order of
forfeiture
|
83.14 (1) The Attorney General may make
an application to a judge of the Federal Court
for an order of forfeiture in respect of
|
|
|
|
(a) property owned or controlled by or on
behalf of a terrorist group;
|
|
|
|
(b) property that has been or will be used, in
whole or in part, to facilitate or carry out a
terrorist activity; or
|
|
|
|
(c) currency and monetary instruments
owned or controlled by or on behalf of an
individual who has facilitated or carried out
a terrorist activity, or is planning to do so.
|
|
| Contents of
application
|
(2) An affidavit in support of an application
by the Attorney General under subsection (1)
may be sworn on information and belief, and
no adverse inference shall be drawn from a
failure to provide evidence of persons having
personal knowledge of material facts.
|
|
| Respondents
|
(3) The Attorney General is required to
name as a respondent to an application under
subsection (1) only those persons who are
known to own or control the property that is
the subject of the application.
|
|
| Notice
|
(4) The Attorney General shall give notice
of an application under subsection (1) to
named respondents in such a manner as the
judge directs or as provided in the rules of the
Federal Court.
|
|
| Granting of
forfeiture
order
|
(5) If a judge is satisfied on a balance of
probabilities that property is property referred
to in any of paragraphs (1)(a) to (c), the judge
shall order that the property be forfeited to Her
Majesty to be disposed of as the Attorney
General directs or otherwise dealt with in
accordance with the law.
|
|
| Order
refusing
forfeiture
|
(6) Where a judge refuses an application
under subsection (1) in respect of any
property, the judge shall make an order that
describes the property and declares that it is
not property referred to in that subsection.
|
|
| Notice
|
(7) On an application under subsection (1),
a judge may require notice to be given to any
person who, in the opinion of the Court,
appears to have an interest in the property, and
any such person shall be entitled to be added
as a respondent to the application.
|
|
| Third party
interests
|
(8) If a judge is satisfied that a person
referred to in subsection (7) has an interest in
property that is subject to an application, has
exercised reasonable care to ensure that the
property would not be used to facilitate or
carry out a terrorist activity, and is not a
member of a terrorist group, the judge shall
order that the interest is not affected by the
forfeiture. Such an order shall declare the
nature and extent of the interest in question.
|
|
| Dwelling-hou
se
|
(9) Where all or part of property that is the
subject of an application under subsection (1)
is a dwelling-house, the judge shall also
consider
|
|
|
|
(a) the impact of an order of forfeiture on
any member of the immediate family of the
person who owns or controls the
dwelling-house, if the dwelling-house was
the member's principal residence at the
time the dwelling-house was ordered
restrained or at the time the forfeiture
application was made and continues to be
the member's principal residence; and
|
|
|
|
(b) whether the member appears innocent
of any complicity or collusion in the
terrorist activity.
|
|
| Motion to
vary or set
aside
|
(10) A person who claims an interest in
property that was forfeited and who did not
receive notice under subsection (7) may bring
a motion to the Federal Court to vary or set
aside an order made under subsection (5) not
later than 60 days after the day on which the
forfeiture order was made.
|
|
| No extension
of time
|
(11) The Court may not extend the period
set out in subsection (10).
|
|
| 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).
|
|
| 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.
|
|
| 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).
|
|
| 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.
|
|
| 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.
|
|
|
|
|
|
| Participation
in activity of
terrorist group
|
83.18 (1) Every one 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
not exceeding ten years.
|
|
| 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.
|
|
| 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; or
|
|
|
|
(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.
|
|
| 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.
|
|
| Facilitating
terrorist
activity
|
83.19 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.
|
|
| Commission
of offence for
terrorist group
|
83.2 (1) 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.
|
|
| Prosecution
|
(2) An offence may be committed under
subsection (1) whether or not the accused
knows the identity of any of the persons who
constitute the terrorist group.
|
|
| Instructing
commission
of offence 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.
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
| Harbouring or
concealing
|
83.23 Every one who knowingly harbours
or conceals any person whom he or she knows
to be a person who has carried out or is likely
to carry out a terrorist activity, for the purpose
of enabling the person to facilitate or carry out
any terrorist activity, is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding ten years.
|
|
|
|
|
|
| Attorney
General's
consent
|
83.24 Proceedings in respect of a terrorism
offence or an offence under section 83.12 shall
not be commenced without the consent of the
Attorney General.
|
|
| Jurisdiction
|
83.25 (1) Where a person is alleged to have
committed a terrorism offence or an offence
under section 83.12, proceedings in respect of
that offence may, whether or not that person is
in Canada, be commenced at the instance of
the Government of Canada and conducted by
the Attorney General of Canada or counsel
acting on his or her behalf in any territorial
division in Canada, if the offence is alleged to
have occurred outside the province in which
the proceedings are commenced, whether or
not proceedings have previously been
commenced elsewhere in Canada.
|
|
| Trial and
punishment
|
(2) An accused may be tried and punished
in respect of an offence referred to in
subsection (1) in the same manner as if the
offence had been committed in the territorial
division where the proceeding is conducted.
|
|
| Sentences to
be served
consecutively
|
83.26 A sentence, other than one of life
imprisonment, imposed on a person for an
offence under any of sections 83.02 to 83.04
and 83.18 to 83.23 shall be served
consecutively to
|
|
|
|
(a) any other punishment imposed on the
person, other than a sentence of life
imprisonment, for an offence arising out of
the same event or series of events; and
|
|
|
|
(b) any other sentence, other than one of life
imprisonment, to which the person is
subject at the time the sentence is imposed
on the person for an offence under any of
those sections.
|
|
| Punishment
for terrorist
activity
|
83.27 (1) Notwithstanding anything in this
Act, a person convicted of an indictable
offence, other than an offence for which a
sentence of imprisonment for life is imposed
as a minimum punishment, where the act or
omission constituting the offence also
constitutes a terrorist activity, is liable to
imprisonment for life.
|
|
| Offender must
be notified
|
(2) Subsection (1) does not apply unless the
prosecutor satisfies the court that the offender,
before making a plea, was notified that the
application of that subsection would be sought
by reason of the act or omission constituting
the offence also constituting a terrorist
activity.
|
|