Bill C-36

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	Forfeiture of Property
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; or
	(b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.
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, notwithstanding the Federal Court Rules, 1998, 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 paragraph (1)(a) or (b) , 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.
Use of proceeds	(5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).
Regulations	(5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.
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.
	Participating, Facilitating, Instructing and Harbouring
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; 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.
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 (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.
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.
Commission of offence for terrorist group	83.2 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.
Instructing to carry out activity 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.
	Proceedings and Aggravated Punishment
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.

Bill C-36

Forfeiture of Property

Participating, Facilitating, Instructing and Harbouring

Proceedings and Aggravated Punishment