Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Participation in activity of terrorist group

• 83.18 (1) Every person 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 of not more than 10 years.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.