Canada

The Definition of Terrorism in Domestic Law

The ATA amended the Criminal Code, including by incorporation of a definition of acts of terrorism. The definition requires a predicate act or omission committed in or outside Canada that would be an offence under the major international treaties that apply to terrorist activities, such as hijacking and terrorist bombing. It then defines "terrorist activity" as an act or omission undertaken, inside or outside Canada, for a political, religious or ideological purpose that is intended to intimidate the public with respect to its security, including its economic security, or to compel a person, government or organization (whether inside or outside Canada) from doing or refraining to do any act, and that intentionally causes one of a number of specified forms of serious harm. The formal definition in the Criminal Code of Canada is, in part, as follows:

(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.S. 83.01, Criminal Code of Canada.

The definition has explicit carve-outs for the exercise of fundamental human rights and acts committed during an armed conflict in accordance with international law.

Adherence to Global and Regional Terrorism Treaties

Canada is a State Party to all of the main United Nations treaties on terrorism.

Canada is also a State Party to the Inter-American treaty on terrorism.

Laws and Penalties for Terrorist Offences

The maximum penalty for acts of terrorism is life imprisonment. 

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.S. 83.18 (1), Criminal Code of Canada.Using or possessing property for terrorist purposes is also subject to a maximum penalty of ten years in prison.

Counterterrorism Capacities and Policies at Domestic Level

The Canadian police and army have dedicated counterterrorism units.

"Building Resilience Against Terrorism" is Canada's formal counterterrorism strategy.

The 2012 Justice for Victims of Terrorism Act (JVTA)—and related amendments to the State Immunity Act— allows victims of terrorism to sue perpetrators of terrorism and those that support them, including listed foreign States, for loss or damage that occurred as a result of an act of terrorism committed anywhere in the world.