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(g) the act or omission is committed against
a Canadian government or public facility
located outside Canada.
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| Offence
relating to
financing of
terrorism
|
(3.73) Notwithstanding anything in this Act
or any other Act, every one who, outside
Canada, commits an act or omission that, if
committed in Canada, would constitute an
offence against, a conspiracy or an attempt to
commit an offence against, or being an
accessory after the fact or counselling in
relation to an offence against, section 83.02 is
deemed to commit the act or omission in
Canada if
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(a) the act or omission is committed on a
ship that is registered or licensed, or for
which an identification number has been
issued, under an Act of Parliament;
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(b) the act or omission is committed on an
aircraft
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(i) registered in Canada under regulations
made under the Aeronautics Act, or
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(ii) leased without crew and operated by
a person who is qualified under
regulations made under the Aeronautics
Act to be registered as the owner of an
aircraft in Canada under those
regulations;
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(c) the person who commits the act or
omission
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(i) is a Canadian citizen, or
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(ii) is not a citizen of any state and
ordinarily resides in Canada;
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(d) the person who commits the act or
omission is, after its commission, present in
Canada;
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(e) the act or omission is committed for the
purpose of committing an act or omission
referred to in paragraph 83.02(a) or (b) in
order to compel the Government of Canada
or of a province to do or refrain from doing
any act;
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(f) the act or omission is committed for the
purpose of committing an act or omission
referred to in paragraph 83.02(a) or (b)
against a Canadian government or public
facility located outside Canada; or
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(g) the act or omission is committed for the
purpose of committing an act or omission
referred to in paragraph 83.02(a) or (b) in
Canada or against a Canadian citizen.
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| Terrorism
offence
committed
outside
Canada
|
(3.74) Notwithstanding anything in this Act
or any other Act, every one who commits an
act or omission outside Canada that, if
committed in Canada, would be a terrorism
offence, other than an offence under section
83.02 or an offence referred to in paragraph (a)
of the definition ``terrorist activity'' in
subsection 83.01(1), is deemed to have
committed that act or omission in Canada if
the person
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(a) is a Canadian citizen;
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(b) is not a citizen of any state and ordinarily
resides in Canada; or
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(c) is a permanent resident within the
meaning of subsection 2(1) of the
Immigration Act and is, after the
commission of the act or omission, present
in Canada.
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| Terrorist
activity
committed
outside
Canada
|
(3.75) Notwithstanding anything in this Act
or any other Act, every one who commits an
act or omission outside Canada that, if
committed in Canada, would be an indictable
offence and would also constitute a terrorist
activity referred to in paragraph (b) of the
definition ``terrorist activity'' in subsection
83.01(1) is deemed to commit that act or
omission in Canada if
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(a) the act or omission is committed against
a Canadian citizen;
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(b) the act or omission is committed against
a Canadian government or public facility
located outside Canada; or
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(c) the act or omission is committed with
intent to compel the Government of Canada
or of a province to do or refrain from doing
any act.
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(3) Subsection 7(7) of the Act is replaced
by the following:
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| If accused not
Canadian
citizen
|
(7) If the accused is not a Canadian citizen,
no proceedings in respect of which courts have
jurisdiction by virtue of this section shall be
continued unless the consent of the Attorney
General of Canada is obtained not later than
eight days after the proceedings are
commenced.
|
|
| R.S., c. 30
(3rd Supp.),
s. 1(4); 1995,
c. 5,
par. 25(1)(g)
|
(4) Subsection 7(10) of the Act is replaced
by the following:
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| Certificate as
evidence
|
(10) In any proceedings under this Act, a
certificate purporting to have been issued by
or under the authority of the Minister of
Foreign Affairs is admissible in evidence
without proof of the signature or authority of
the person appearing to have signed it and, in
the absence of evidence to the contrary, is
proof of the facts it states that are relevant to
the question of whether any person is a
member of United Nations personnel, a
member of associated personnel or a person
who is entitled under international law to
protection from attack or threat of attack
against his or her person, freedom or dignity.
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4. The Act is amended by adding the
following after section 83:
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| Definitions
|
83.01 (1) The following definitions apply in
this Part.
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``Canadian''
« Canadien »
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``Canadian'' means a Canadian citizen or a
permanent resident, within the meaning of
subsection 2(1) of the Immigration Act, or
a body corporate incorporated or continued
under the laws of Canada or a province.
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``entity''
« entité »
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``entity'' means a person, group, trust,
partnership or fund or an unincorporated
association or organization.
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``listed
entity''
« entité
inscrite »
|
``listed entity'' means an entity on a list
established by the Governor in Council
under section 83.05.
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``terrorist
activity''
« activité
terroriste »
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``terrorist activity'' means
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(a) an act or omission that is committed
in or outside Canada and that, if
committed in Canada, is one of the
following offences:
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(i) the offences referred to in
subsection 7(2) that implement the
Convention for the Suppression of
Unlawful Seizure of Aircraft, signed at
The Hague on December 16, 1970,
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(ii) the offences referred to in
subsection 7(2) that implement the
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation, signed at Montreal on
September 23, 1971,
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(iii) the offences referred to in
subsection 7(3) that implement the
Convention on the Prevention and
Punishment of Crimes against
Internationally Protected Persons,
including Diplomatic Agents, adopted
by the General Assembly of the United
Nations on December 14, 1973,
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(iv) the offences referred to in
subsection 7(3.1) that implement the
International Convention against the
Taking of Hostages, adopted by the
General Assembly of the United
Nations on December 17, 1979,
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(v) the offences referred to in
subsection 7(3.4) or (3.6) that
implement the Convention on the
Physical Protection of Nuclear
Material, done at Vienna and New
York on March 3, 1980,
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(vi) the offences referred to in
subsection 7(2) that implement the
Protocol for the Suppression of
Unlawful Acts of Violence at Airports
Serving International Civil Aviation,
supplementary to the Convention for
the Suppression of Unlawful Acts
against the Safety of Civil Aviation,
signed at Montreal on February 24,
1988,
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(vii) the offences referred to in
subsection 7(2.1) that implement the
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation, done at Rome
on March 10, 1988,
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(viii) the offences referred to in
subsection 7(2.1) or (2.2) that
implement the Protocol for the
Suppression of Unlawful Acts against
the Safety of Fixed Platforms Located
on the Continental Shelf, done at
Rome on March 10, 1988,
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(ix) the offences referred to in
subsection 7(3.72) that implement the
International Convention for the
Suppression of Terrorist Bombings,
adopted by the General Assembly of
the United Nations on December 15,
1997, and
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(x) the offences referred to in
subsection 7(3.73) that implement the
International Convention for the
Suppression of the Financing of
Terrorism, adopted by the General
Assembly of the United Nations on
December 9, 1999, or
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(b) an act or omission, in or outside
Canada,
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(A) in whole or in part for a political,
religious or ideological purpose,
objective or cause, and
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(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
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(A) causes death or serious bodily
harm to a person by the use of
violence,
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(B) endangers a person's life,
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(C) causes a serious risk to the health
or safety of the public or any
segment of the public,
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(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
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(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),
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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.
|
|
``terrorist
group''
« groupe
terroriste »
|
``terrorist group'' means
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|
(a) an entity that has as one of its purposes
or activities facilitating or carrying out
any terrorist activity, or
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and includes an association of such entities.
|
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| For greater
certainty
|
(1.1) For greater certainty, the expression of
a political, religious or ideological thought,
belief or opinion does not come within
paragraph (b) of the definition ``terrorist
activity'' in subsection (1) unless it constitutes
an act or omission that satisfies the criteria of
that paragraph.
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| Facilitation
|
(2) For the purposes of this Part, facilitation
shall be construed in accordance with
subsection 83.19(2).
|
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| Providing or
collecting
property for
certain
activities
|
83.02 Every one who, directly or indirectly,
wilfully and without lawful justification or
excuse, provides or collects property
intending that it be used or knowing that it will
be used, in whole or in part, in order to carry
out
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(a) an act or omission that constitutes an
offence referred to in subparagraphs (a)(i)
to (ix) of the definition of ``terrorist
activity'' in subsection 83.01(1), or
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(b) any other act or omission intended to
cause death or serious bodily harm to a
civilian or to any other person not taking an
active part in the hostilities in a situation of
armed conflict, if the purpose of that act or
omission, by its nature or context, is to
intimidate the public, or to compel a
government or an international
organization to do or refrain from doing any
act,
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is guilty of an indictable offence and is liable
to imprisonment for a term of not more than 10
years.
|
|
| Providing,
making
available, etc.,
property or
services for
terrorist
purposes
|
83.03 Every one who, directly or indirectly,
collects property, provides or invites a person
to provide, or makes available property or
financial or other related services
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(a) intending that they be used, or knowing
that they will be used, in whole or in part, for
the purpose of facilitating or carrying out
any terrorist activity, or for the purpose of
benefiting any person who is facilitating or
carrying out such an activity, or
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(b) knowing that, in whole or part, they will
be used by or will benefit a terrorist group,
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|
is guilty of an indictable offence and is liable
to imprisonment for a term of not more than 10
years.
|
|
| Using or
possessing
property for
terrorist
purposes
|
83.04 Every one who
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(a) uses property, directly or indirectly, in
whole or in part, for the purpose of
facilitating or carrying out a terrorist
activity, or
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|
(b) possesses property intending that it be
used or knowing that it will be used, directly
or indirectly, in whole or in part, for the
purpose of facilitating or carrying out a
terrorist activity,
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is guilty of an indictable offence and is liable
to imprisonment for a term of not more than 10
years.
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|