Canada Criminal Code R.S.C., 1985, c. C-46 (2013)
PART II.1 TERRORISM
Interpretation
Definitions
83.01 (1) The
following definitions apply in this Part.
“Canadian”
« Canadien »
“Canadian” means a Canadian
citizen, a permanent resident within the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act
or a body corporate incorporated and continued under the laws of Canada or a
province.
“entity”
« entité »
“entity” means a person, group,
trust, partnership or fund or an unincorporated association or organization.
“listed entity”
« entité inscrite »
“listed entity” means an entity
on a list established by the Governor in Council under section 83.05.
“terrorist activity”
« activité terroriste »
“terrorist activity” means
o
(a) an act or omission
that is committed in or outside Canada and that, if committed in Canada, is one
of the following offences:
§
(i) the
offences referred to in subsection 7(2) that implement the Convention for the
Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December
16, 1970,
§
(ii) the offences referred to in subsection 7(2) that implement the
Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation, signed at Montreal on September 23, 1971,
§
(iii) the offences referred to in subsection 7(3) that implement the
Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents, adopted by the General
Assembly of the United Nations on December 14, 1973,
§
(iv) the offences referred to in subsection 7(3.1) that implement the
International Convention against the Taking of Hostages, adopted by the
General Assembly of the United Nations on December 17, 1979,
§
(v) the offences referred to in subsection 7(3.4) or (3.6) that implement the
Convention on the Physical Protection of Nuclear Material, done at Vienna
and New York on March 3, 1980,
§
(vi) the offences referred to in subsection 7(2) that implement the Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at
Montreal on February 24, 1988,
§
(vii) the offences referred to in subsection 7(2.1) that implement the
Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on March 10, 1988,
§
(viii) the offences referred to in subsection 7(2.1) or (2.2) that implement the
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,
§
(ix) the offences referred to in subsection 7(3.72) that implement the
International Convention for the Suppression of Terrorist Bombings, adopted
by the General Assembly of the United Nations on December 15, 1997, and
§
(x) the offences referred to in subsection 7(3.73) that implement the
International Convention for the Suppression of the Financing of Terrorism,
adopted by the General Assembly of the United Nations on December 9, 1999, or
o
(b) an act or omission,
in or outside Canada,
§
(i) that
is committed
§
(A) in whole or in part for a political, religious or ideological purpose,
objective or cause, and
§
(B) in whole or in part with the intention of intimidating the public, or a
segment of the public, with regard to its security, including its economic
security, or compelling a person, a government or a domestic or an international
organization to do or to refrain from doing any act, whether the public or the
person, government or organization is inside or outside Canada, and
§
(ii) that intentionally
§
(A) causes death or serious bodily harm to a person by the use of violence,
§
(B) endangers a person’s life,
§
(C) causes a serious risk to the health or safety of the public or any segment
of the public,
§
(D) causes substantial property damage, whether to public or private property,
if causing such damage is likely to result in the conduct or harm referred to in
any of clauses (A) to (C), or
§
(E) causes serious interference with or serious disruption of an essential
service, facility or system, whether public or private, other than as a result
of advocacy, protest, dissent or stoppage of work that is not intended to result
in the conduct or harm referred to in any of clauses (A) to (C),
and includes a conspiracy,
attempt or threat to commit any such act or omission, or being an accessory
after the fact or counselling in relation to any such act or omission, but, for
greater certainty, does not include 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 the 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.
“terrorist group”
« groupe terroriste »
“terrorist group” means
o
(a) an entity that has
as one of its purposes or activities facilitating or carrying out any terrorist
activity, or
o
(b) a listed entity,
and includes an association of
such entities.
For greater certainty
(1.1) For greater certainty, the expression of a political, religious or
ideological thought, belief or opinion does not come within paragraph (b)
of the definition “terrorist activity” in subsection (1) unless it constitutes
an act or omission that satisfies the criteria of that paragraph.
For greater certainty
(1.2) For greater certainty, a suicide bombing is an act that comes within
paragraph (a) or (b) of the definition “terrorist activity” in
subsection (1) if it satisfies the criteria of that paragraph.
Facilitation
(2) For the purposes of this Part, facilitation shall be construed in accordance
with subsection 83.19(2).
2001, c. 41, ss. 4, 126;
2010, c. 19, s. 1.
Financing of Terrorism
Providing or collecting property for certain activities
83.02 Every
one who, directly or indirectly, wilfully and without lawful justification or
excuse, provides or collects property intending that it be used or knowing that
it will be used, in whole or in part, in order to carry out
(a) an
act or omission that constitutes an offence referred to in subparagraphs (a)(i)
to (ix) of the definition of “terrorist activity” in subsection 83.01(1), or
(b) any
other act or omission intended to cause death or serious bodily harm to a
civilian or to any other person not taking an active part in the hostilities in
a situation of armed conflict, if the purpose of that act or omission, by its
nature or context, is to intimidate the public, or to compel a government or an
international organization to do or refrain from doing any act,
is guilty of an indictable
offence and is liable to imprisonment for a term of not more than 10 years.
2001, c. 41, s. 4.
Providing, making available, etc., property or services for terrorist purposes
83.03 Every
one who, directly or indirectly, collects property, provides or invites a person
to provide, or makes available property or financial or other related services
(a) intending
that they be used, or knowing that they will be used, in whole or in part, for
the purpose of facilitating or carrying out any terrorist activity, or for the
purpose of benefiting any person who is facilitating or carrying out such an
activity, or
(b) knowing
that, in whole or part, they will be used by or will benefit a terrorist group,
is guilty of an indictable
offence and is liable to imprisonment for a term of not more than 10 years.
2001, c. 41, s. 4.
Using or possessing property for terrorist purposes
83.04 Every
one who
(a) uses
property, directly or indirectly, in whole or in part, for the purpose of
facilitating or carrying out a terrorist activity, or
(b) possesses
property intending that it be used or knowing that it will be used, directly or
indirectly, in whole or in part, for the purpose of facilitating or carrying out
a terrorist activity,
is guilty of an indictable
offence and is liable to imprisonment for a term of not more than 10 years.
2001, c. 41, s. 4.
List of Entities
Establishment of list
83.05 (1) The
Governor in Council may, by regulation, establish a list on which the Governor
in Council may place any entity if, on the recommendation of the Minister of
Public Safety and Emergency Preparedness, the Governor in Council is satisfied
that there are reasonable grounds to believe that
o
(a) the entity has
knowingly carried out, attempted to carry out, participated in or facilitated a
terrorist activity; or
o
(b) the entity is
knowingly acting on behalf of, at the direction of or in association with an
entity referred to in paragraph (a).
Recommendation
(1.1) The Minister may make a recommendation referred to in subsection (1) only
if he or she has reasonable grounds to believe that the entity to which the
recommendation relates is an entity referred to in paragraph (1)(a) or (b).
Application to Minister
(2) On application in writing by a listed entity, the Minister shall decide
whether there are reasonable grounds to recommend to the Governor in Council
that the applicant no longer be a listed entity.
Deeming
(3) If the Minister does not make a decision on the application referred to in
subsection (2) within 60 days after receipt of the application, he or she is
deemed to have decided to recommend that the applicant remain a listed entity.
Notice of the decision to the
applicant
(4) The Minister shall give notice without delay to the applicant of any
decision taken or deemed to have been taken respecting the application referred
to in subsection (2).
Judicial review
(5) Within 60 days after the receipt of the notice of the decision referred to
in subsection (4), the applicant may apply to a judge for judicial review of the
decision.
Reference
(6) When an application is made under subsection (5), the judge shall, without
delay
o
(a) examine, in private,
any security or criminal intelligence reports considered in listing the
applicant and hear any other evidence or information that may be presented by or
on behalf of the Minister and may, at his or her request, hear all or part of
that evidence or information in the absence of the applicant and any counsel
representing the applicant, if the judge is of the opinion that the disclosure
of the information would injure national security or endanger the safety of any
person;
o
(b) provide the
applicant with a statement summarizing the information available to the judge so
as to enable the applicant to be reasonably informed of the reasons for the
decision, without disclosing any information the disclosure of which would, in
the judge’s opinion, injure national security or endanger the safety of any
person;
o
(c) provide the
applicant with a reasonable opportunity to be heard; and
o
(d) determine whether
the decision is reasonable on the basis of the information available to the
judge and, if found not to be reasonable, order that the applicant no longer be
a listed entity.
Evidence
(6.1) The judge may receive into evidence anything that, in the opinion of the
judge, is reliable and appropriate, even if it would not otherwise be admissible
under Canadian law, and may base his or her decision on that evidence.
Publication
(7) The Minister shall cause to be published, without delay, in the
Canada Gazette notice of a final
order of a court that the applicant no longer be a listed entity.
New application
(8) A listed entity may not make another application under subsection (2),
except if there has been a material change in its circumstances since the time
when the entity made its last application or if the Minister has completed the
review under subsection (9).
Review of list
(9) Two years after the establishment of the list referred to in subsection (1),
and every two years after that, the Minister shall review the list to determine
whether there are still reasonable grounds, as set out in subsection (1), for an
entity to be a listed entity and make a recommendation to the Governor in
Council as to whether the entity should remain a listed entity. The review does
not affect the validity of the list.
Completion of review
(10) The Minister shall complete the review as soon as possible and in any
event, no later than 120 days after its commencement. After completing the
review, he or she shall cause to be published, without delay, in the
Canada Gazette notice that the
review has been completed.
Definition of “judge”
(11) In this section, “judge” means the Chief Justice of the Federal Court or a
judge of that Court designated by the Chief Justice.
2001, c. 41, ss. 4, 143;
2005, c. 10, ss. 18, 34.
Admission of foreign information obtained in confidence
83.06 (1) For
the purposes of subsection 83.05(6), in private and in the absence of the
applicant or any counsel representing it,
o
(a) the Minister of
Public Safety and Emergency Preparedness may make an application to the judge
for the admission of information obtained in confidence from a government, an
institution or an agency of a foreign state, from an international organization
of states or from an institution or an agency of an international organization
of states; and
o
(b) the judge shall
examine the information and provide counsel representing the Minister with a
reasonable opportunity to be heard as to whether the information is relevant but
should not be disclosed to the applicant or any counsel representing it because
the disclosure would injure national security or endanger the safety of any
person.
Return of information
(2) The information shall be returned to counsel representing the Minister and
shall not be considered by the judge in making the determination under paragraph
83.05(6)(d), if
o
(a) the judge determines
that the information is not relevant;
o
(b) the judge determines
that the information is relevant but should be summarized in the statement to be
provided under paragraph 83.05(6)(b); or
o
(c) the Minister
withdraws the application.
Use of information
(3) If the judge decides that the information is relevant but that its
disclosure would injure national security or endanger the safety of persons, the
information shall not be disclosed in the statement mentioned in paragraph
83.05(6)(b), but the judge may base the determination under paragraph
83.05(6)(d) on it.
2001, c. 41, s. 4;
2005, c. 10, s. 19.
Mistaken identity
83.07 (1) An
entity claiming not to be a listed entity may apply to the Minister of Public
Safety and Emergency Preparedness for a certificate stating that it is not a
listed entity.
Issuance of certificate
(2) The Minister shall, within 15 days after receiving the application, issue a
certificate if he or she is satisfied that the applicant is not a listed entity.
2001, c. 41, s. 4;
2005, c. 10, s. 20.
Freezing of Property
Freezing of property
83.08 (1) No
person in Canada and no Canadian outside Canada shall knowingly
o
(a) deal directly or
indirectly in any property that is owned or controlled by or on behalf of a
terrorist group;
o
(b) enter into or
facilitate, directly or indirectly, any transaction in respect of property
referred to in paragraph (a); or
o
(c) provide any
financial or other related services in respect of property referred to in
paragraph (a) to, for the benefit of or at the direction of a terrorist
group.
No civil liability
(2) A person who acts reasonably in taking, or omitting to take, measures to
comply with subsection (1) shall not be liable in any civil action arising from
having taken or omitted to take the measures, if they took all reasonable steps
to satisfy themselves that the relevant property was owned or controlled by or
on behalf of a terrorist group.
2001, c. 41, s. 4;
2013, c. 9, s. 3.
Exemptions
83.09 (1) The
Minister of Public Safety and Emergency Preparedness, or a person designated by
him or her, may authorize any person in Canada or any Canadian outside Canada to
carry out a specified activity or transaction that is prohibited by section
83.08, or a class of such activities or transactions.
Ministerial authorization
(2) The Minister, or a person designated by him or her, may make the
authorization subject to any terms and conditions that are required in their
opinion and may amend, suspend, revoke or reinstate it.
Existing equities maintained
(3) All secured and unsecured rights and interests in the frozen property that
are held by persons, other than terrorist groups or their agents, are entitled
to the same ranking that they would have been entitled to had the property not
been frozen.
Third party involvement
(4) If a person has obtained an authorization under subsection (1), any other
person involved in carrying out the activity or transaction, or class of
activities or transactions, to which the authorization relates is not subject to
sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization
that are imposed under subsection (2), if any, are met.
2001, c. 41, s. 4;
2005, c. 10, s. 21.
Disclosure
83.1 (1) Every
person in Canada and every Canadian outside Canada shall disclose without delay
to the Commissioner of the Royal Canadian Mounted Police or to the Director of
the Canadian Security Intelligence Service
o
(a) the existence of
property in their possession or control that they know is owned or controlled by
or on behalf of a terrorist group; and
o
(b) information about a
transaction or proposed transaction in respect of property referred to in
paragraph (a).
Immunity
(2) No criminal or civil proceedings lie against a person for disclosure made in
good faith under subsection (1).
2001, c. 41, s. 4;
2013, c. 9, s. 4.
Audit
83.11 (1) The
following entities must determine on a continuing basis whether they are in
possession or control of property owned or controlled by or on behalf of a
listed entity:
o
(a) authorized foreign
banks within the meaning of section 2 of the
Bank Act in respect of their
business in Canada, or banks to which that Act applies;
o
(b) cooperative credit
societies, savings and credit unions and caisses populaires regulated by a
provincial Act and associations regulated by the
Cooperative Credit Associations Act;
o
(c) foreign companies
within the meaning of subsection 2(1) of the
Insurance Companies Act in
respect of their insurance business in Canada;
o
(c.1) companies,
provincial companies and societies within the meaning of subsection 2(1) of the
Insurance Companies Act;
o
(c.2) fraternal benefit
societies regulated by a provincial Act in respect of their insurance
activities, and insurance companies and other entities engaged in the business
of insuring risks that are regulated by a provincial Act;
o
(d) companies to which
the
Trust and Loan Companies Act
applies;
o
(e) trust companies
regulated by a provincial Act;
o
(f) loan companies
regulated by a provincial Act; and
o
(g) entities authorized
under provincial legislation to engage in the business of dealing in securities,
or to provide portfolio management or investment counselling services.
Monthly report
(2) Subject to the regulations, every entity referred to in paragraphs (1)(a)
to (g) must report, within the period specified by regulation or, if no
period is specified, monthly, to the principal agency or body that supervises or
regulates it under federal or provincial law either
o
(a) that it is not in
possession or control of any property referred to in subsection (1), or
o
(b) that it is in
possession or control of such property, in which case it must also report the
number of persons, contracts or accounts involved and the total value of the
property.
Immunity
(3) No criminal or civil proceedings lie against a person for making a report in
good faith under subsection (2).
Regulations
(4) The Governor in Council may make regulations
o
(a) excluding any entity
or class of entities from the requirement to make a report referred to in
subsection (2), and specifying the conditions of exclusion; and
o
(b) specifying a period
for the purposes of subsection (2).
2001, c. 41, s. 4.
Offences — freezing of property, disclosure or audit
83.12 (1) Every
one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an
offence and liable
o
(a) on summary
conviction, to a fine of not more than $100,000 or to imprisonment for a term of
not more than one year, or to both; or
o
(b) on conviction on
indictment, to imprisonment for a term of not more than 10 years.
(2) [Repealed, 2013, c. 9, s. 5]
2001, c. 41, s. 4;
2013, c. 9, s. 5.
Seizure and Restraint of Property
Seizure and restraint of assets
83.13 (1) Where
a judge of the Federal Court, on an
ex parte
application by the Attorney General, after examining the application in private,
is satisfied that there are reasonable grounds to believe that there is in any
building, receptacle or place any property in respect of which an order of
forfeiture may be made under subsection 83.14(5), the judge may issue
o
(a) if the property is
situated in Canada, a warrant authorizing a person named therein or a peace
officer to search the building, receptacle or place for that property and to
seize that property and any other property in respect of which that person or
peace officer believes, on reasonable grounds, that an order of forfeiture may
be made under that subsection; or
o
(b) if the property is
situated in or outside Canada, a restraint order prohibiting any person from
disposing of, or otherwise dealing with any interest in, that property other
than as may be specified in the order.
Contents of application
(1.1) An affidavit in support of an application under subsection (1) may be
sworn on information and belief, and, notwithstanding the Federal Court
Rules, 1998, no adverse inference shall be drawn from a failure to provide
evidence of persons having personal knowledge of material facts.
Appointment of manager
(2) On an application under subsection (1), at the request of the Attorney
General, if a judge is of the opinion that the circumstances so require, the
judge may
o
(a) appoint a person to
take control of, and to manage or otherwise deal with, all or part of the
property in accordance with the directions of the judge; and
o
(b) require any person
having possession of that property to give possession of the property to the
person appointed under paragraph (a).
Appointment of Minister of
Public Works and Government Services
(3) When the Attorney General of Canada so requests, a judge appointing a person
under subsection (2) shall appoint the Minister of Public Works and Government
Services.
Power to manage
(4) The power to manage or otherwise deal with property under subsection (2)
includes
o
(a) in the case of
perishable or rapidly depreciating property, the power to sell that property;
and
o
(b) in the case of
property that has little or no value, the power to destroy that property.
Application for destruction
order
(5) Before a person appointed under subsection (2) destroys property referred to
in paragraph (4)(b), he or she shall apply to a judge of the Federal
Court for a destruction order.
Notice
(6) Before making a destruction order in relation to any property, a judge shall
require notice in accordance with subsection (7) to be given to, and may hear,
any person who, in the opinion of the judge, appears to have a valid interest in
the property.
Manner of giving notice
(7) A notice under subsection (6) shall be given in the manner that the judge
directs or as provided in the rules of the Federal Court.
Order
(8) A judge may order that property be destroyed if he or she is satisfied that
the property has little or no financial or other value.
When management order ceases to
have effect
(9) A management order ceases to have effect when the property that is the
subject of the management order is returned to an applicant in accordance with
the law or forfeited to Her Majesty.
Application to vary
(10) The Attorney General may at any time apply to a judge of the Federal Court
to cancel or vary an order or warrant made under this section, other than an
appointment made under subsection (3).
Procedure
(11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4,
subsections 487(3) and (4) and section 488 apply, with such modifications as the
circumstances require, to a warrant issued under paragraph (1)(a).
Procedure
(12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and
462.4 apply, with such modifications as the circumstances require, to an order
issued under paragraph (1)(b).
2001, c. 41, s. 4.
Application for order of forfeiture
83.14 (1) The
Attorney General may make an application to a judge of the Federal Court for an
order of forfeiture in respect of
o
(a) property owned or
controlled by or on behalf of a terrorist group; or
o
(b) property that has
been or will be used, in whole or in part, to facilitate or carry out a
terrorist activity.
Contents of application
(2) An affidavit in support of an application by the Attorney General under
subsection (1) may be sworn on information and belief, and, notwithstanding the
Federal Court Rules, 1998, no adverse inference shall be drawn from a
failure to provide evidence of persons having personal knowledge of material
facts.
Respondents
(3) The Attorney General is required to name as a respondent to an application
under subsection (1) only those persons who are known to own or control the
property that is the subject of the application.
Notice
(4) The Attorney General shall give notice of an application under subsection
(1) to named respondents in such a manner as the judge directs or as provided in
the rules of the Federal Court.
Granting of forfeiture order
(5) If a judge is satisfied on a balance of probabilities that property is
property referred to in paragraph (1)(a) or (b), the judge shall
order that the property be forfeited to Her Majesty to be disposed of as the
Attorney General directs or otherwise dealt with in accordance with the law.
Use of proceeds
(5.1) Any proceeds that arise from the disposal of property under subsection (5)
may be used to compensate victims of terrorist activities and to fund
anti-terrorist initiatives in accordance with any regulations made by the
Governor in Council under subsection (5.2).
Regulations
(5.2) The Governor in Council may make regulations for the purposes of
specifying how the proceeds referred to in subsection (5.1) are to be
distributed.
Order refusing forfeiture
(6) Where a judge refuses an application under subsection (1) in respect of any
property, the judge shall make an order that describes the property and declares
that it is not property referred to in that subsection.
Notice
(7) On an application under subsection (1), a judge may require notice to be
given to any person who, in the opinion of the Court, appears to have an
interest in the property, and any such person shall be entitled to be added as a
respondent to the application.
Third party interests
(8) If a judge is satisfied that a person referred to in subsection (7) has an
interest in property that is subject to an application, has exercised reasonable
care to ensure that the property would not be used to facilitate or carry out a
terrorist activity, and is not a member of a terrorist group, the judge shall
order that the interest is not affected by the forfeiture. Such an order shall
declare the nature and extent of the interest in question.
Dwelling-house
(9) Where all or part of property that is the subject of an application under
subsection (1) is a dwelling-house, the judge shall also consider
o
(a) the impact of an
order of forfeiture on any member of the immediate family of the person who owns
or controls the dwelling-house, if the dwelling-house was the member’s principal
residence at the time the dwelling-house was ordered restrained or at the time
the forfeiture application was made and continues to be the member’s principal
residence; and
o
(b) whether the member
appears innocent of any complicity or collusion in the terrorist activity.
Motion to vary or set aside
(10) A person who claims an interest in property that was forfeited and who did
not receive notice under subsection (7) may bring a motion to the Federal Court
to vary or set aside an order made under subsection (5) not later than 60 days
after the day on which the forfeiture order was made.
No extension of time
(11) The Court may not extend the period set out in subsection (10).
2001, c. 41, s. 4.
Disposition of property
83.15 Subsection
462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the
circumstances require, to property subject to a warrant or restraint order
issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).
2001, c. 41, s. 4.
Interim preservation rights
83.16 (1) Pending
any appeal of an order made under section 83.14, property restrained under an
order issued under section 83.13 shall continue to be restrained, property
seized under a warrant issued under that section shall continue to be detained,
and any person appointed to manage, control or otherwise deal with that property
under that section shall continue in that capacity.
Appeal of refusal to grant
order
(2) Section 462.34 applies, with such modifications as the circumstances
require, to an appeal taken in respect of a refusal to grant an order under
subsection 83.14(5).
2001, c. 41, s. 4.
Other forfeiture provisions unaffected
83.17 (1) This
Part does not affect the operation of any other provision of this or any other
Act of Parliament respecting the forfeiture of property.
Priority for restitution to
victims of crime
(2) Property is subject to forfeiture under subsection 83.14(5) only to the
extent that it is not required to satisfy the operation of any other provision
of this or any other Act of Parliament respecting restitution to, or
compensation of, persons affected by the commission of offences.
2001, c. 41, s. 4.
Participating, Facilitating, Instructing and
Harbouring
Participation in activity of terrorist group
83.18 (1) Every
one 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 not exceeding ten
years.
Prosecution
(2) An offence may be committed under subsection (1) whether or not
o
(a) a terrorist group
actually facilitates or carries out a terrorist activity;
o
(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
o
(c) the accused knows
the specific nature of any terrorist activity that may be facilitated or carried
out by a terrorist group.
Meaning of participating or
contributing
(3) Participating in or contributing to an activity of a terrorist group
includes
o
(a) providing, receiving
or recruiting a person to receive training;
o
(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;
o
(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;
o
(d) entering or
remaining in any country for the benefit of, at the direction of or in
association with a terrorist group; and
o
(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.
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
o
(a) uses a name, word,
symbol or other representation that identifies, or is associated with, the
terrorist group;
o
(b) frequently
associates with any of the persons who constitute the terrorist group;
o
(c) receives any benefit
from the terrorist group; or
o
(d) repeatedly engages
in activities at the instruction of any of the persons who constitute the
terrorist group.
2001, c. 41, s. 4.
Leaving Canada to participate in activity of terrorist group
83.181 Everyone
who leaves or attempts to leave Canada, or goes or attempts to go on board a
conveyance with the intent to leave Canada, for the purpose of committing an act
or omission outside Canada that, if committed in Canada, would be an offence
under subsection 83.18(1) is guilty of an indictable offence and liable to
imprisonment for a term of not more than 10 years.
2013, c. 9, s. 6.
Facilitating terrorist activity
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.
Facilitation
(2) For the purposes of this Part, a terrorist activity is facilitated whether
or not
o
(a) the facilitator
knows that a particular terrorist activity is facilitated;
o
(b) any particular
terrorist activity was foreseen or planned at the time it was facilitated; or
o
(c) any terrorist
activity was actually carried out.
2001, c. 41, s. 4.
Leaving Canada to facilitate terrorist activity
83.191 Everyone
who leaves or attempts to leave Canada, or goes or attempts to go on board a
conveyance with the intent to leave Canada, for the purpose of committing an act
or omission outside Canada that, if committed in Canada, would be an offence
under subsection 83.19(1) is guilty of an indictable offence and liable to
imprisonment for a term of not more than 14 years.
2013, c. 9, s. 7.
Commission of offence for terrorist group
83.2 Every
one who commits an indictable offence under this or any other Act of Parliament
for the benefit of, at the direction of or in association with a terrorist group
is guilty of an indictable offence and liable to imprisonment for life.
2001, c. 41, s. 4.
Leaving Canada to commit offence for terrorist group
83.201 Everyone
who leaves or attempts to leave Canada, or goes or attempts to go on board a
conveyance with the intent to leave Canada, for the purpose of committing an act
or omission outside Canada that, if committed in Canada, would be an indictable
offence under this or any other Act of Parliament for the benefit of, at the
direction of or in association with a terrorist group is guilty of an indictable
offence and liable to imprisonment for a term of not more than 14 years.
2013, c. 9, s. 8.
Leaving Canada to commit offence that is terrorist activity
83.202 Everyone
who leaves or attempts to leave Canada, or goes or attempts to go on board a
conveyance with the intent to leave Canada, for the purpose of committing an act
or omission outside Canada that, if committed in Canada, would be an indictable
offence under this or any other Act of Parliament if the act or omission
constituting the offence also constitutes a terrorist activity is guilty of an
indictable offence and liable to imprisonment for a term of not more than 14
years.
2013, c. 9, s. 8.
Instructing to carry out activity for terrorist group
83.21 (1) Every
person who knowingly instructs, directly or indirectly, any person to carry out
any activity for the benefit of, at the direction of or in association with 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 life.
Prosecution
(2) An offence may be committed under subsection (1) whether or not
o
(a) the activity that
the accused instructs to be carried out is actually carried out;
o
(b) the accused
instructs a particular person to carry out the activity referred to in paragraph
(a);
o
(c) the accused knows
the identity of the person whom the accused instructs to carry out the activity
referred to in paragraph (a);
o
(d) the person whom the
accused instructs to carry out the activity referred to in paragraph (a)
knows that it is to be carried out for the benefit of, at the direction of or in
association with a terrorist group;
o
(e) a terrorist group
actually facilitates or carries out a terrorist activity;
o
(f) the activity
referred to in paragraph (a) actually enhances the ability of a terrorist
group to facilitate or carry out a terrorist activity; or
o
(g) the accused knows
the specific nature of any terrorist activity that may be facilitated or carried
out by a terrorist group.
2001, c. 41, s. 4.
Instructing to carry out terrorist activity
83.22 (1) Every
person who knowingly instructs, directly or indirectly, any person to carry out
a terrorist activity is guilty of an indictable offence and liable to
imprisonment for life.
Prosecution
(2) An offence may be committed under subsection (1) whether or not
o
(a) the terrorist
activity is actually carried out;
o
(b) the accused
instructs a particular person to carry out the terrorist activity;
o
(c) the accused knows
the identity of the person whom the accused instructs to carry out the terrorist
activity; or
o
(d) the person whom the
accused instructs to carry out the terrorist activity knows that it is a
terrorist activity.
2001, c. 41, s. 4.
Concealing person who carried out terrorist activity
83.23 (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
o
(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
o
(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.
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
Hoax — terrorist activity
83.231 (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,
o
(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
o
(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.
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o
(a) an indictable
offence and liable to imprisonment for a term not exceeding five years; or
o
(b) an offence
punishable on summary conviction.
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
o
(a) an indictable
offence and liable to imprisonment for a term not exceeding ten years; or
o
(b) an offence
punishable on summary conviction and liable to imprisonment for a term not
exceeding eighteen months.
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
Attorney General’s consent
83.24 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.
Jurisdiction
83.25 (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.
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.
Sentences to be served consecutively
83.26 A
sentence, other than one of life imprisonment, imposed on a person for an
offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served
consecutively to
(a) any
other punishment imposed on the person, other than a sentence of life
imprisonment, for an offence arising out of the same event or series of events;
and
(b) any
other sentence, other than one of life imprisonment, to which the person is
subject at the time the sentence is imposed on the person for an offence under
any of those sections.
2001, c. 41, s. 4.
Punishment for terrorist activity
83.27 (1) Notwithstanding
anything in this Act, a person convicted of an indictable offence, other than an
offence for which a sentence of imprisonment for life is imposed as a minimum
punishment, where the act or omission constituting the offence also constitutes
a terrorist activity, is liable to imprisonment for life.
Offender must be notified
(2) Subsection (1) does not apply unless the prosecutor satisfies the court that
the offender, before making a plea, was notified that the application of that
subsection would be sought.
2001, c. 41, s. 4.
Investigative Hearing
Definition of “judge”
83.28 (1) In
this section and section 83.29, “judge” means a provincial court judge or a
judge of a superior court of criminal jurisdiction.
Order for gathering information
(2) Subject to subsection (3), a peace officer may, for the purposes of an
investigation of a terrorism offence, apply
ex parte to
a judge for an order for the gathering of information.
Attorney General’s consent
(3) A peace officer may make an application under subsection (2) only if the
Attorney General’s prior consent was obtained.
Making of order
(4) The judge to whom the application is made may make an order for the
gathering of information if they are satisfied that the Attorney General’s
consent was obtained as required by subsection (3), and
o
(a) that there are
reasonable grounds to believe that
§
(i) a
terrorism offence has been committed,
§
(ii) information concerning the offence, or information that may reveal the
whereabouts of a person suspected by the peace officer of having committed the
offence, is likely to be obtained as a result of the order, and
§
(iii) reasonable attempts have been made to obtain the information referred to
in subparagraph (ii) by other means; or
o
(b) that
§
(i) there
are reasonable grounds to believe that a terrorism offence will be committed,
§
(ii) there are reasonable grounds to believe that a person has direct and
material information that relates to the offence referred to in subparagraph (i),
or that may reveal the whereabouts of an individual who the peace officer
suspects may commit the offence referred to in that subparagraph, and
§
(iii) reasonable attempts have been made to obtain the information referred to
in subparagraph (ii) by other means.
Contents of order
(5) An order made under subsection (4) shall order the examination, on oath or
not, of the person named in the order and require the person to attend at the
place fixed by the judge, or by the judge designated under paragraph (b),
as the case may be, for the examination and to remain in attendance until
excused by the presiding judge, and may
o
(a) order the person to
bring to the examination any thing in their possession or control, and produce
it to the presiding judge;
o
(b) designate another
judge as the judge before whom the examination is to take place; and
o
(c) include any other
terms or conditions that the judge considers desirable, including terms or
conditions for the protection of the interests of the person named in the order
and of third parties or for the protection of any ongoing investigation.
Execution of order
(6) The order may be executed anywhere in Canada.
Variation of order
(7) The judge who made the order, or another judge of the same court, may vary
its terms and conditions.
Obligation to answer questions
and produce things
(8) A person named in an order made under subsection (4) shall answer questions
put to them by the Attorney General or the Attorney General’s agent, and shall
produce to the presiding judge things that the person was ordered to bring, but
may refuse if answering a question or producing a thing would disclose
information that is protected by any law relating to privilege or to disclosure
of information.
Judge to rule
(9) The presiding judge shall rule on any objection or other issue relating to a
refusal to answer a question or to produce a thing.
No person excused from
complying with subsection (8)
(10) No person shall be excused from answering a question or producing a thing
under subsection (8) on the ground that the answer or thing may tend to
incriminate them or subject them to any proceeding or penalty, but
o
(a) no answer given or
thing produced under subsection (8) shall be used or received against the person
in any criminal proceedings against them, other than a prosecution under section
132 or 136; and
o
(b) no evidence derived
from the evidence obtained from the person shall be used or received against the
person in any criminal proceedings against them, other than a prosecution under
section 132 or 136.
Right to counsel
(11) A person has the right to retain and instruct counsel at any stage of the
proceedings.
Order for custody of thing
(12) The presiding judge, if satisfied that any thing produced during the course
of the examination will likely be relevant to the investigation of any terrorism
offence, may order that the thing be given into the custody of the peace officer
or someone acting on the peace officer’s behalf.
2001, c. 41, s. 4;
2013, c. 9, s. 10.
Arrest warrant
83.29 (1) The
judge who made the order under subsection 83.28(4), or another judge of the same
court, may issue a warrant for the arrest of the person named in the order if
the judge is satisfied, on an information in writing and under oath, that the
person
o
(a) is evading service
of the order;
o
(b) is about to abscond;
or
o
(c) did not attend the
examination, or did not remain in attendance, as required by the order.
Execution of warrant
(2) The warrant may be executed at any place in Canada by any peace officer
having jurisdiction in that place.
Person to be brought before
judge
(3) A peace officer who arrests a person in the execution of the warrant shall,
without delay, bring the person, or cause them to be brought, before the judge
who issued the warrant or another judge of the same court. The judge in question
may, to ensure compliance with the order, order that the person be detained in
custody or released on recognizance, with or without sureties.
Application of section 707
(4) Section 707 applies, with any necessary modifications, to persons detained
in custody under this section.
2001, c. 41, s. 4;
2013, c. 9, s. 10.
Recognizance with Conditions
Attorney General’s consent
83.3 (1) The
Attorney General’s consent is required before a peace officer may lay an
information under subsection (2).
Terrorist activity
(2) Subject to subsection (1), a peace officer may lay an information before a
provincial court judge if the peace officer
o
(a) believes on
reasonable grounds that a terrorist activity will be carried out; and
o
(b) suspects on
reasonable grounds that the imposition of a recognizance with conditions on a
person, or the arrest of a person, is necessary to prevent the carrying out of
the terrorist activity.
Appearance
(3) The judge who receives the information may cause the person to appear before
any provincial court judge.
Arrest without warrant
(4) Despite subsections (2) and (3), a peace officer may arrest a person without
a warrant and cause the person to be detained in custody, in order to bring them
before a provincial court judge in accordance with subsection (6), if
o
(a) either
§
(i) the
grounds for laying an information referred to in paragraphs (2)(a) and (b)
exist but, by reason of exigent circumstances, it would be impracticable to lay
an information under subsection (2), or
§
(ii) an information has been laid under subsection (2) and a summons has been
issued; and
o
(b) the peace officer
suspects on reasonable grounds that the detention of the person in custody is
necessary in order to prevent a terrorist activity.
Duty of peace officer
(5) If a peace officer arrests a person without a warrant in the circumstance
described in subparagraph (4)(a)(i), the peace officer shall, within the
time prescribed by paragraph (6)(a) or (b),
o
(a) lay an information
in accordance with subsection (2); or
o
(b) release the person.
When person to be taken before
judge
(6) Unless a peace officer, or an officer in charge as defined in Part XVI, is
satisfied that a person should be released from custody unconditionally before
their appearance before a provincial court judge in accordance with the rules in
paragraph (a) or (b), and so releases the person, the person
detained in custody shall be taken before a provincial court judge in accordance
with the following rules:
o
(a) if a provincial
court judge is available within 24 hours after the person has been arrested, the
person shall be taken before a provincial court judge without unreasonable delay
and in any event within that period; and
o
(b) if a provincial
court judge is not available within 24 hours after the person has been arrested,
the person shall be taken before a provincial court judge as soon as feasible.
How person dealt with
(7) When a person is taken before a provincial court judge under subsection (6),
o
(a) if an information
has not been laid under subsection (2), the judge shall order that the person be
released; or
o
(b) if an information
has been laid under subsection (2),
§
(i) the
judge shall order that the person be released unless the peace officer who laid
the information shows cause why the person’s detention in custody is justified
on one or more of the following grounds:
§
(A) the detention is necessary to ensure the person’s appearance before a
provincial court judge in order to be dealt with in accordance with subsection
(8),
§
(B) the detention is necessary for the protection or safety of the public,
including any witness, having regard to all the circumstances including
§
(I) the likelihood that, if the person is released from custody, a terrorist
activity will be carried out, and
§
(II) any substantial likelihood that the person will, if released from custody,
interfere with the administration of justice, and
§
(C) the detention is necessary to maintain confidence in the administration of
justice, having regard to all the circumstances, including the apparent strength
of the peace officer’s grounds under subsection (2), and the gravity of any
terrorist activity that may be carried out, and
§
(ii) the judge may adjourn the matter for a hearing under subsection (8) but, if
the person is not released under subparagraph (i), the adjournment may not
exceed 48 hours.
Hearing before judge
(8) The judge before whom the person appears in accordance with subsection (3)
o
(a) may, if satisfied by
the evidence adduced that the peace officer has reasonable grounds for the
suspicion, order that the person enter into a recognizance to keep the peace and
be of good behaviour for any period that does not exceed 12 months and to comply
with any other reasonable conditions prescribed in the recognizance, including
the conditions set out in subsection (10), that the judge considers desirable
for preventing the carrying out of a terrorist activity; and
o
(b) if the person was
not released under subparagraph (7)(b)(i), shall order that the person be
released, subject to the recognizance, if any, ordered under paragraph (a).
Refusal to enter into
recognizance
(9) The judge may commit the person to prison for a term not exceeding 12 months
if the person fails or refuses to enter into the recognizance.
Conditions — firearms
(10) Before making an order under paragraph (8)(a), the judge shall
consider whether it is desirable, in the interests of the safety of the person
or of any other person, to include as a condition of the recognizance that the
person be prohibited from possessing any firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all of those things, for any period specified in the
recognizance, and if the judge decides that it is so desirable, they shall add
the condition to the recognizance.
Surrender, etc.
(11) If the judge adds the condition described in subsection (10) to a
recognizance, they shall specify in it the manner and method by which
o
(a) the things referred
to in that subsection that are in the person’s possession shall be surrendered,
disposed of, detained, stored or dealt with; and
o
(b) the authorizations,
licences and registration certificates that are held by the person shall be
surrendered.
Reasons
(12) If the judge does not add the condition to a recognizance, they shall
include in the record a statement of the reasons for not adding it.
Variance of conditions
(13) The judge, or any other judge of the same court, may, on application of the
peace officer, the Attorney General or the person, vary the conditions fixed in
the recognizance.
Other provisions to apply
(14) Subsections 810(4) and (5) apply, with any necessary modifications, to
proceedings under this section.
2001, c. 41, s. 4;
2013, c. 9, s. 10.
Annual report (sections 83.28 and 83.29)
83.31 (1) The
Attorney General of Canada shall prepare and cause to be laid before Parliament
and the Attorney General of every province shall publish or otherwise make
available to the public an annual report for the previous year on the operation
of sections 83.28 and 83.29 that includes
o
(a) the number of
consents to make an application that were sought, and the number that were
obtained, by virtue of subsections 83.28(2) and (3);
o
(b) the number of orders
for the gathering of information that were made under subsection 83.28(4); and
o
(c) the number of
arrests that were made with a warrant issued under section 83.29.
Attorney General’s opinion
(1.1) The Attorney General of Canada shall include in the annual report under
subsection (1) his or her opinion, supported by reasons, on whether the
operation of sections 83.28 and 83.29 should be extended.
Annual report (section 83.3)
(2) The Attorney General of Canada shall prepare and cause to be laid before
Parliament and the Attorney General of every province shall publish or otherwise
make available to the public an annual report for the previous year on the
operation of section 83.3 that includes
o
(a) the number of
consents to lay an information that were sought, and the number that were
obtained, by virtue of subsections 83.3(1) and (2);
o
(b) the number of cases
in which a summons or a warrant of arrest was issued for the purposes of
subsection 83.3(3);
o
(c) the number of cases
where a person was not released under subsection 83.3(7) pending a hearing;
o
(d) the number of cases
in which an order to enter into a recognizance was made under paragraph 83.3(8)(a),
and the types of conditions that were imposed;
o
(e) the number of times
that a person failed or refused to enter into a recognizance, and the term of
imprisonment imposed under subsection 83.3(9) in each case; and
o
(f) the number of cases
in which the conditions fixed in a recognizance were varied under subsection
83.3(13).
Annual report (section 83.3)
(3) The Minister of Public Safety and Emergency Preparedness shall prepare and
cause to be laid before Parliament and the Minister responsible for policing in
every province shall publish or otherwise make available to the public an annual
report for the previous year on the operation of section 83.3 that includes
o
(a) the number of
arrests without warrant that were made under subsection 83.3(4) and the period
of the arrested person’s detention in custody in each case; and
o
(b) the number of cases
in which a person was arrested without warrant under subsection 83.3(4) and was
released
§
(i) by
a peace officer under paragraph 83.3(5)(b), or
§
(ii) by a judge under paragraph 83.3(7)(a).
Opinions
(3.1) The Attorney General of Canada and the Minister of Public Safety and
Emergency Preparedness shall include in their annual reports under subsections
(2) and (3), respectively, their opinion, supported by reasons, on whether the
operation of section 83.3 should be extended.
Limitation
(4) The annual report shall not contain any information the disclosure of which
would
o
(a) compromise or hinder
an ongoing investigation of an offence under an Act of Parliament;
o
(b) endanger the life or
safety of any person;
o
(c) prejudice a legal
proceeding; or
o
(d) otherwise be
contrary to the public interest.
2001, c. 41, s. 4;
2005, c. 10, s. 34;
2013, c. 9, s. 11.
Sunset provision
83.32 (1) Sections
83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of
Parliament after the fifth anniversary of the coming into force of this
subsection unless, before the end of that day, the operation of those sections
is extended by resolution — whose text is established under subsection (2) —
passed by both Houses of Parliament in accordance with the rules set out in
subsection (3).
Review
(1.1) A comprehensive review of sections 83.28, 83.29 and 83.3 and their
operation shall be undertaken by any committee of the Senate, of the House of
Commons or of both Houses of Parliament that may be designated or established by
the Senate or the House of Commons, or by both Houses of Parliament, as the case
may be, for that purpose.
Report
(1.2) The committee referred to in subsection (1.1) shall, within a year after a
review is undertaken under that subsection or within any further time that may
be authorized by the Senate, the House of Commons or both Houses of Parliament,
as the case may be, submit a report on the review to Parliament, including its
recommendation with respect to extending the operation of section 83.28, 83.29
or 83.3.
Order in council
(2) The Governor in Council may, by order, establish the text of a resolution
that provides for the extension of the operation of section 83.28, 83.29 or 83.3
and that specifies the period of the extension, which may not exceed five years
from the first day on which the resolution has been passed by both Houses of
Parliament.
Rules
(3) A motion for the adoption of the resolution may be debated in both Houses of
Parliament but may not be amended. At the conclusion of the debate, the Speaker
of the House of Parliament shall immediately put every question necessary to
determine whether or not the motion is concurred in.
Subsequent extensions
(4) The operation of section 83.28, 83.29 or 83.3 may be further extended in
accordance with the procedure set out in this section, but the reference to “the
fifth anniversary of the coming into force of this subsection” in subsection (1)
is to be read as a reference to “the expiry of the most recent extension under
this section”.
Definition of “sitting day of
Parliament”
(5) In subsection (1), “sitting day of Parliament” means a day on which both
Houses of Parliament sit.
2001, c. 41, s. 4;
2013, c. 9, s. 12.
Transitional provision — sections 83.28 and 83.29
83.33 (1) In
the event that sections 83.28 and 83.29 cease to have effect in accordance with
section 83.32, proceedings commenced under those sections shall be completed if
the hearing before the judge of the application made under subsection 83.28(2)
began before those sections ceased to have effect.
Transitional provision —
section 83.3
(2) In the event that section 83.3 ceases to have effect in accordance with
section 83.32, a person detained in custody under section 83.3 shall be released
when that section ceases to have effect, except that subsections 83.3(7) to (14)
continue to apply to a person who was taken before a judge under subsection
83.3(6) before section 83.3 ceased to have effect.
2001, c. 41, s. 4;
2013, c. 9, s. 13.