Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
PART 1R.S., c. C-46CRIMINAL CODE
5. The definition “offence” in section 183 of the Act is amended
(a) by adding, immediately after the reference to “82 (possessing explosive),”, a reference to “83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc., property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (commission of offence for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity), 83.23 (harbouring or concealing),”;
(b) by adding, immediately after the reference to “424 (threat to commit offences against internationally protected person),” a reference to “424.1 (threat against United Nations or associated personnel),”;
(c) by adding, immediately after the reference to “431 (attack on premises, residence or transport of internationally protected person),” a reference to “431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), 431.2 (explosive or other lethal device),”; and
(d) by adding, at the end of the definition, the words “, or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2 of this Act;”.
Marginal note:1997, c. 23, s. 4
6. Subsection 185(1.1) of the Act is replaced by the following:
Marginal note:Exception for criminal organizations and terrorism offences
(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
(a) an offence under section 467.1;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
Marginal note:1997, c. 23, s. 5
6.1 Subsection 186(1.1) of the Act is replaced by the following:
Marginal note:Exception for criminal organizations and terrorism offences
(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to
(a) an offence under section 467.1;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
Marginal note:1997, c. 23, s. 6
7. Section 186.1 of the Act is replaced by the following:
Marginal note:Time limitation in relation to criminal organizations and terrorism offences
186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
(a) an offence under section 467.1;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
Marginal note:1997, c. 23, s. 7
8. Subsection 196(5) of the Act is replaced by the following:
Marginal note:Exception for criminal organizations and terrorism offences
(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
(a) an offence under section 467.1,
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or
(c) a terrorism offence,
and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
9. Section 231 of the Act is amended by adding the following after subsection (6):
Marginal note: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.
10. The Act is amended by adding the following after section 320:
Marginal note:Warrant of seizure
320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material that is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system 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 necessary to identify and locate the person who posted the material.
Marginal note:Notice to person who posted the 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 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 custodian of the computer system 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 the material may appear
(3) The person who posted the material may appear and be represented in the proceedings 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 for the proceedings, the court may proceed ex parte 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
(5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.
Marginal note:Destruction of 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 hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
Marginal note:Other provisions to apply
(8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.
Marginal note:When order takes effect
(9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.
Marginal note:R.S., c. 27 (1st Supp.), s. 55
11. Section 424 of the Act is replaced by the following:
Marginal note:Threat against internationally protected person
424. Every one who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Marginal note:Threat against United Nations or associated personnel
424.1 Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.
12. Section 430 of the Act is amended by adding the following after subsection (4):
Marginal note:Mischief relating to religious property
(4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Marginal note:R.S., c. 27 (1st Supp.), s. 58
13. Section 431 of the Act is replaced by the following:
Marginal note:Attack on premises, residence or transport of internationally protected person
431. Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.
Marginal note:Attack on premises, accommodation or transport of United Nations or associated personnel
431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.
Marginal note:Definitions
431.2 (1) The following definitions apply in this section.
“explosive or other lethal device”
« engin explosif ou autre engin meurtrier »
“explosive or other lethal device” means
(a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
(b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.
“infrastructure facility”
« infrastructure »
“infrastructure facility” means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.
“military forces of a state”
« forces armées d’un État »
“military forces of a state” means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.
“place of public use”
« lieu public »
“place of public use” means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.
“public transportation system”
« système de transport public »
“public transportation system” means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.
Marginal note:Explosive or other lethal device
(2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Armed forces
(3) For greater certainty, subsection (2) does not apply to 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 to 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.
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