Accordingly, Canadians should take this opportunity to demand the repeal of the sweeping and vague offence of advocacy or promotion
of terrorist offences in general in order to better address threats to national security and to prevent unconstitutional violations of freedom of expression.
Abu Qatada, the radical Islamic preacher convicted
of terrorist offences in Jordan, is to be released on bail in the UK within the next 24 hours.
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.
Among these are many of those convicted
of terrorist offences.
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.
Not exact matches
He read aloud a telegram
of condolences sent by Pope Francis, who called the attacks a «cruel
terrorist act» and a «grave
offence to God.»
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.
A preliminary report by peers and MPs today finds new
offences of encouragement
of terrorism and attending
terrorist training camps could be incompatible with the European Convention on Human Rights (ECHR).
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»...
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.
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.
Preparation
of a serious violent
offence includes participating in a
terrorist training camp where people are taught how to use weapons, construct explosive devices, etc..
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.
These specific
terrorist offences in the Criminal Code simply do not require clarification or a separate
offence to extend to
terrorist offences that do not specify the exact manner or nature
of the
offence.
Murder during
terrorist activity (6.01) Irrespective
of whether a murder is planned and deliberate on the part
of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable
offence under this or any other Act
of Parliament where the act or omission constituting the
offence also constitutes a
terrorist activity.
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).
In addition, that the definition
of «financial crime» in PIPEDA include: fraud; criminal activity and any predicate
offence related to money laundering and
terrorist financing; all criminal
offences committed against financial service providers, their customers or their employees; the contravention
of laws
of foreign jurisdictions, including those relating to money laundering and
terrorist financing.
It is an
offence to knowingly participate in or contribute to, directly or indirectly, any activity
of a
terrorist group.
The contrast between a Canadian law society's admission
of a candidate who plotted his entry into a profession built on trust and honesty, while mulling over his pleas to two criminal
offences involving dishonesty and breach
of trust, and the death
of the honourable advocate
of war criminals, racists, and
terrorists, struck me this summer as moral antipodes.
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.
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.
The Commissioner, Ontario Court
of Appeal Justice Dennis O'Connor, found that Mr. Arar did not constitute a security threat and there was no evidence implicating him in
terrorist - activities or any
offence.
«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».
These provisions, modelled on pre-existing provisions directed at
terrorist organisations, seek to extend the traditional boundaries
of criminal liability to capture conduct which is not linked to the commission or planned commission
of any specific
offence, but which is alleged to facilitate criminal activity on a broader level.
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.
Under Section 7
of the PCMLTFA, salespeople must report suspicious transactions to FINTRAC when there are reasonable grounds to suspect that a transaction (or an attempted transaction) is related to the attempted commission
of a money laundering or
terrorist activity
offence.