Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Order to computer system’s custodian
  •  (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information that is necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system’s custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted material may appear

    (3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order of deletion

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.

  • Marginal note:Destruction of electronic copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Appeal

    (8) An appeal lies from an order made under subsection (5) or (6) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

  • Marginal note:Consent

    (9) No proceeding under this section shall be instituted without the Attorney General’s consent.

  • Marginal note:When order takes effect

    (10) No order made under any of subsections (5) to (7) takes effect until the time for final appeal has expired.

  • Marginal note:Definitions

    (11) The following definitions apply in this section.

    computer data

    données informatiques

    computer data has the same meaning as in subsection 342.1(2). (données informatiques)

    computer system

    ordinateur

    computer system has the same meaning as in subsection 342.1(2). (ordinateur)

    court

    tribunal

    court has the same meaning as in subsection 320(8). (tribunal)

    data

    data[Repealed, 2015, c. 20, s. 35]

    judge

    juge

    judge has the same meaning as in subsection 320(8). (juge)

    terrorist propaganda

    propagande terroriste

    terrorist propaganda has the same meaning as in subsection 83.222(8). (propagande terroriste)

  • 2015, c. 20, ss. 16, 35.
Marginal note:Concealing person who carried out terrorist activity
  •  (1) Everyone who knowingly harbours or conceals any person whom they know to be a person who has carried 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

    • (a) for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and

    • (b) for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.

  • Marginal note:Concealing person who is likely to carry out terrorist activity

    (2) Everyone who knowingly harbours or conceals any person whom they know to be a person who 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 of not more than 10 years.

  • 2001, c. 41, s. 4;
  • 2013, c. 9, s. 9.

Hoax Regarding Terrorist Activity

Marginal note:Hoax — terrorist activity
  •  (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,

    • (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or

    • (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

  • 2004, c. 15, s. 32.

Proceedings and Aggravated Punishment

Marginal note:Attorney General’s consent

 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.

  • 2001, c. 41, s. 4.
Marginal note:Jurisdiction
  •  (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.

  • Marginal note: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.

  • 2001, c. 41, s. 4.
 
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