Définitions du terrorisme

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Cette page a été mise à jour ou révisée de manière substantielle pour la dernière fois janvier 2020. (Rev. # 8714)

• < Droit pénal

"Terrorism offence"

2 In this Act,
...
"terrorism offence" means

(a) an offence under any of sections 83.02 to 83.04 [financing of terrorism offences] or 83.18 to 83.23 [participating, facilitating, instructing and harbouring terrorist offences],

(b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

(c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

(d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);

...

– CCC (CanLII), (Jus.)

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"Terrorist Group"

s. 2.
...
"terrorist group" has the same meaning as in subsection 83.01(1) [terrorism offences – definitions];
...
L.R. (1985), ch. C-46, art. 2L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 2 et 203, ch. 31 (1er suppl.), art. 61, ch. 1 (2e suppl.), art. 213, ch. 27 (2e suppl.), art. 10, ch. 35 (2e suppl.), art. 34, ch. 32 (4e suppl.), art. 55, ch. 40 (4e suppl.), art. 21990, ch. 17, art. 71991, ch. 1, art. 28, ch. 40, art. 1, ch. 43, art. 1 et 91992, ch. 20, art. 216, ch. 51, art. 321993, ch. 28, art. 78, ch. 34, art. 591994, ch. 44, art. 21995, ch. 29, art. 39 et 40, ch. 39, art. 1381997, ch. 23, art. 11998, ch. 30, art. 141999, ch. 3, art. 25, ch. 5, art. 1, ch. 25, art. 1(préambule), ch. 28, art. 1552000, ch. 12, art. 91, ch. 25, art. 1(F)2001, ch. 32, art. 1, ch. 41, art. 2 et 1312002, ch. 7, art. 137, ch. 22, art. 3242003, ch. 21, art. 12004, ch. 3, art. 12005, ch. 10, art. 34, ch. 38, art. 58, ch. 40, art. 1 et 72006, ch. 14, art. 12007, ch. 13, art. 12012, ch. 1, art. 160, ch. 19, art. 3712013, ch. 13, art. 22014, ch. 17, art. 1, ch. 23, art. 2, ch. 25, art. 22015, ch. 3, art. 44, ch. 13, art. 3, ch. 20, art. 152018, ch. 21, art. 122019, ch. 13, art. 1402019, ch. 25, art. 1; 2022, ch. 17, art. 1.

– CCC (CanLII), (Jus.)

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83.01 (1)
...
"terrorist group" means

(a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

(b) a listed entity,

and includes an association of such entities.
...
[omis (1.1), (1.2) and (2)]
2001, c. 41, ss. 4, 126; 2010, c. 19, s. 1; 2013, c. 13, s. 6.

– CCC (CanLII), (Jus.)

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A "terrorist group" can consist of a single individual. And an "entity" can include a single "person".

"Terrorist Activity"

s. 2
...
"terrorist activity" has the same meaning as in subsection 83.01(1) [terrorism offences – definitions];
"terrorist group" has the same meaning as in subsection 83.01(1) [terrorism offences – definitions];
...
L.R. (1985), ch. C-46, art. 2L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 2 et 203, ch. 31 (1er suppl.), art. 61, ch. 1 (2e suppl.), art. 213, ch. 27 (2e suppl.), art. 10, ch. 35 (2e suppl.), art. 34, ch. 32 (4e suppl.), art. 55, ch. 40 (4e suppl.), art. 21990, ch. 17, art. 71991, ch. 1, art. 28, ch. 40, art. 1, ch. 43, art. 1 et 91992, ch. 20, art. 216, ch. 51, art. 321993, ch. 28, art. 78, ch. 34, art. 591994, ch. 44, art. 21995, ch. 29, art. 39 et 40, ch. 39, art. 1381997, ch. 23, art. 11998, ch. 30, art. 141999, ch. 3, art. 25, ch. 5, art. 1, ch. 25, art. 1(préambule), ch. 28, art. 1552000, ch. 12, art. 91, ch. 25, art. 1(F)2001, ch. 32, art. 1, ch. 41, art. 2 et 1312002, ch. 7, art. 137, ch. 22, art. 3242003, ch. 21, art. 12004, ch. 3, art. 12005, ch. 10, art. 34, ch. 38, art. 58, ch. 40, art. 1 et 72006, ch. 14, art. 12007, ch. 13, art. 12012, ch. 1, art. 160, ch. 19, art. 3712013, ch. 13, art. 22014, ch. 17, art. 1, ch. 23, art. 2, ch. 25, art. 22015, ch. 3, art. 44, ch. 13, art. 3, ch. 20, art. 152018, ch. 21, art. 122019, ch. 13, art. 1402019, ch. 25, art. 1; 2022, ch. 17, art. 1.

– CCC (CanLII), (Jus.)

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Section 83.01 states:

83.01 (1)
...
"terrorist activity" means

(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(2.21) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980, as amended by the Amendment to the Convention on the Physical Protection of Nuclear Material, done at Vienna on July 8, 2005 and the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on September 14, 2005,

(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

(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.
...

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) [terrorism offences – definitions] 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) [terrorism offences – definitions] 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) [facilitating terrorist activty – definition of facilitation].
2001, c. 41, ss. 4, 126; 2010, c. 19, s. 1; 2013, c. 13, s. 6.

– CCC (CanLII), (Jus.)

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Section 2 defines "terrorist activity" as being identical to the definition under s. 83.01.

Mens Rea

Proof of the mens rea of a terrorist activity requires:

1. intention "to bring about consequence described in subparagraphs (1)(b)(ii)(A) to (B)" (ie. bring about prohibited consequence);
2. intention "to bring about either consequence described in subsection (1)(b)(i)(B)" (ie. ulterior intention for a further consequence); and,
3. it must be "for a political, religious or ideological purpose, objective, or cause in subsection (1)(b)(i)(A)" (ie. specified purpose or motive).

Constitutionality

The definition of "terrorist activity" under section 83.01 of the Code does not violate s. 2(b) Charter rights to freedom of expression. The activity either involves the use of violence or otherwise is destructive to the principles underlying the right.

"List of Entities"

• Maintaining the List of Entities for Terrorism Offences

Other Related Definitions

PART II.1 Terrorism

Interpretation

Definitions

83.01 (1) The following definitions apply in this Part.
"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. (Canadien)
"entity" means a person, group, trust, partnership or fund or an unincorporated association or organization. (entité)
"listed entity" means an entity on a list established by the Governor in Council under section 83.05 . (entité inscrite)
...
[omis (1.1), (1.2) and (2)]
2001, c. 41, ss. 4, 126; 2010, c. 19, s. 1; 2013, c. 13, s. 6.

– CCC (CanLII), (Jus.)

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Voir également

• Regulations Establishing a List of Entities
• published list of entities