As a result of the decision in R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin), the Divisional Courts made Norwich Pharmacal [1974] Ac 133) order, requiring disclosure by the foreign secretary of material which it considered was essential to a fair trial in criminal proceedings in the US
for terrorist offences.
The suggestion that it may be appropriate
for some terrorist offences is also utterly misguided.
Not exact matches
Today's report recognises the need
for a new, narrowly defined criminal
offence of indirect incitement to
terrorist acts, but says it is concerned about the wording of the new
offence of encouragement to cover this purpose.
However, it is also true that all attempts to charge and convict them of
terrorist offences for more than 14 years, including subjecting them to legally questionable interrogation methods, failed to establish credible grounds
for their incarceration.
The Chief of Army Staff, Lt. General Tukur Buratai has commuted the death sentences passed on 66 soldiers who were tried by several Military Court Martials
for mutiny and other
offences in the fight against Boko Haram
terrorists»...
And the forthcoming Counter Terrorism Bill will propose additional penalties
for terrorists charged with other criminal
offences.
The Chief of Army Staff, Lt. General Tukur Buratai has commuted the death sentences passed on 66 soldiers who were tried by several Military Court Martials
for mutiny and other
offences in the fight against Boko Haram
terrorists» in the North East to terms of 10 years imprisonment.
Turning to the remainder of the questions the AG found that a joint reading of Article 12 (2)(c) and Article 12 (3) implied that the exclusion clause was not limited to
terrorist acts and that a conviction
for offences listed under Article 2 FDCT could be the basis
for exclusion from refugee status.
For the first time in Canadian legal history, a definition for «terrorist activity,» together with several new terrorism - related offences, was written into our Criminal Co
For the first time in Canadian legal history, a definition
for «terrorist activity,» together with several new terrorism - related offences, was written into our Criminal Co
for «
terrorist activity,» together with several new terrorism - related
offences, was written into our Criminal Code.
If my proposal were merely to introduce capital punishment as an available penalty
for certain terrorism
offences, I see no credible reason to believe future
terrorists would suddenly give up their craft.
CCLA continues to argue against disproportionate knee - jerk reactions to
terrorist threats — such responses overlook the robust broad powers already existing in the Criminal Code and other laws in place — and argue
for more and more state powers and new
offences which may cast a far - too - wide and ineffective net, while simultaneously threatening to normalize exceptional powers.
At minimum, the
offence prohibits private and public speech advocating or promoting any of the several terrorism
offences in the Criminal Code, some of which are non-violent
offences, as well as speech advocating or promoting indictable criminal
offences committed
for the sake of or in association with
terrorist groups.
For instance, under the new provision, speech that promotes tax fraud benefiting a
terrorist group can be a
terrorist offence.
Mr. Khadr was detained
for eight years by the U.S. government in Guantanamo Bay, Cuba, before he pled guilty to five
offences (the equivalent
offences under Canadian law were first degree murder, attempted murder, participation in
terrorist group activities, commission of
offences for a
terrorist group and spying
for the enemy).
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.
Consequently, the substantive curtailment of a mens rea requirement
for the definition of «facilitation» of a
terrorist offence is disturbing, since it does the opposite of being commensurate with the assured gravity of the
offence or its punishment.
Topics: mandatory minimum sentences
for drug
offences; external information in jury rooms; and whether criminal law can stop
terrorist propaganda
The legislation raises a plethora of issues and significantly alters the security landscape: It gives the Canadian Security Intelligence Service (CSIS) powers beyond intelligence gathering (to actively target threats and derail plots); creates new
offences (criminalizing «
terrorist propaganda» and the «promotion of terror»); lowers the legal threshold to trigger detention to those who may carry out an
offence from the existing standard of will carry out to may carry out; extends preventive detention
for «suspected»
terrorists from three days to seven days (inconsistent with the constitutional presumption of innocence); legally entrenches a no fly list; and grants government agencies explicit authority to share private information with domestic and foreign entities.
Although Canadian law makes some exemptions
for freedom fighters and does not base terrorism convictions on objective fault, some Canadian
terrorist offences are as broad as the American material support
offences which allow convictions in the absence of a
terrorist purpose.
A 16 - year - old boy, the youngest on trial
for terrorism
offences in Canada, has been found guilty by a Quebec youth court judge of committing a robbery in association with a
terrorist organization and planning to leave Canada to join a jihadist group abroad.
«In those days, it wouldn't have been especially surprising if the government had added an
offence of being in wilful possession of an Irish accent within designated areas of the Home Counties to the panoply of absurd, panic - stricken measures adopted in the wake of
terrorist violence,» he wrote
for Proof, the new magazine of the Justice Gap which has as its theme «justice in a time of moral panic».
If there is a financial transaction occurring or attempted in the course of the real estate agency's activities (
for example, related to client transactions), and the Realtor has «reasonable grounds to suspect» that the financial transaction is related to the commission of a money laundering or
terrorist financing
offence under the Criminal Code of Canada, it must be reported.
They also do not know that suspicious transaction monitoring requires screening
for the identity of
terrorist groups to determine whether they are dealing with funds owned by a
terrorist group that may involve a
terrorist activity financing
offence.