Criminal Code (R.S.C., 1985, c. C-46)

Proceedings and Aggravated Punishment

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

83.28 [Repealed, 2019, c. 13, s. 145]

83.29 [Repealed, 2019, c. 13, s. 145]

Recognizance with Conditions

Marginal note: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).

• Marginal note:Terrorist activity

  (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

  • (a) believes on reasonable grounds that a terrorist activity may be carried out; and

  • (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.

• Marginal note:Appearance

  (3) The judge who receives the information may cause the person to appear before any provincial court judge.

• Marginal note: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

  • (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

  • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.

• Marginal note: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),

  • (a) lay an information in accordance with subsection (2); or

  • (b) release the person.

• Marginal note:When person to be taken before judge

  (6) Unless a peace officer is satisfied that a person should be released from custody without conditions 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:

  • (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

  • (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.

• Marginal note:How person dealt with

  (7) When a person is taken before a provincial court judge under subsection (6),

  • (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

  • (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.

• Marginal note:Adjournment under subparagraph (7)(b)(ii)

  (7.1) If a judge has adjourned the matter under subparagraph (7)(b)(ii) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who

  • (a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and

  • (b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.

• Marginal note:Adjournment under paragraph (7.1)(b)

  (7.2) If a judge has adjourned the matter under paragraph (7.1)(b) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who

  • (a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and

  • (b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.

• Marginal note:Hearing before judge

  (8) The judge before whom the person appears in accordance with subsection (3)

  • (a) may, if the judge is satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (10), (11.1) and (11.2), that the judge considers desirable for preventing the carrying out of a terrorist activity; and

  • (b) if the person was not released under subparagraph (7)(b)(i) or paragraph (7.1)(a) or (7.2)(a), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

• Marginal note:Duration extended

  (8.1) However, if the judge is also satisfied that the person was convicted previously of a terrorism offence, the judge may order that the person enter into the recognizance for a period of not more than two years.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

  • (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

  • (b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.

• Marginal note:Condition — passport

  (11.1) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

• Marginal note:Condition — specified geographic area

  (11.2) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

• Marginal note:Reasons

  (12) If the judge does not add a condition described in subsection (10), (11.1) or (11.2) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.

• Marginal note: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.

• Marginal note:Other provisions to apply

  (14) Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section.

• 83.31 (1) [Repealed, 2019, c. 13, s. 147]

• (1.1) [Repealed, 2019, c. 13, s. 147]

• Marginal note: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

  • (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);

  • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

  • (c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;

  • (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;

  • (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

  • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

• Marginal note: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

  • (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

  • (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), (7.1)(a) or (7.2)(a).

• Marginal note: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.

• Marginal note:Limitation

  (4) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) endanger the life or safety of any person;

  • (c) prejudice a legal proceeding; or

  • (d) otherwise be contrary to the public interest.

Marginal note:Sunset provision

• 83.32 (1) Section 83.3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section 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).

• Marginal note:Review

  (1.1) A comprehensive review of section 83.3 and its 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.

• Marginal note:Report

  (1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.

• Marginal note: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 83.3 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.

• Marginal note: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.

• Marginal note:Subsequent extensions

  (4) The operation of section 83.3 may be further extended in accordance with this section, but

  • (a) the reference to “at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and

  • (b) the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.2) is to be read as a reference to “the expiry of the most recent extension under this section”.

• (5) [Repealed, 2019, c. 13, s. 148]