What is the main purpose of Section 83.231 in the Criminal Code?
To make it a criminal offence to create a hoax that causes fear of terrorist activity without believing the threat to be true.
What is the maximum prison sentence for leaving Canada to facilitate a terrorist activity under Section 83.202 of the Criminal Code?
The maximum penalty is 10 years in prison.
Why did Haleema and Ikar leave Canada?
To join a terrorist group.
What does Section 2 of the Charter protect?
Fundamental freedoms like freedom of expression, religion, peaceful assembly, and association.
What is the difference between Mens Rea and Actus Reus?
Mens Rea means "guilty mind" and refers to the intent or knowledge of wrongdoing.
Actus Reus means "guilty act" and refers to the physical action of the crime.
Is it illegal to spread false information about a terrorist act if you know it’s not true?
Yes, it is illegal if the false information causes people to fear terrorist activity.
Is leaving Canada to join a terrorist group considered a less severe crime than actually carrying out a terrorist attack?
No, it is still a very serious offence, and the punishment for leaving to join or facilitate terrorist activity can result in up to 10 years in prison.
What year did they leave?
2019
What right does Section 7 guarantee?
The right to life, liberty, and security of the person.
Give two examples of a Hybrid offence.
Hybrid: Assault, theft under $5,000.
What is the maximum prison sentence for someone who commits a hoax related to terrorism but does not cause harm?
Up to 5 years if charged as an indictable offence.
If someone unknowingly helps a terrorist group, for example, by providing logistical support without knowing the group’s true intent, can they be charged under Section 83.202?
Yes, even unknowingly providing assistance that facilitates terrorism can lead to charges, as long as there is evidence of the intent to support terrorism.
Where were they first detained?
Turkey.
What does Section 10 guarantee when someone is arrested or detained?
The right to be told why, to speak to a lawyer, and to be released if the arrest is not lawful.
What are Quasi-Crimes, and where are they usually found?
Quasi-crimes are non-criminal offences, usually found in provincial laws or regulations, like traffic violations. They often result in fines, not jail time.
What is the punishment if the hoax causes bodily harm to someone?
Up to 10 years in prison if charged as an indictable offence.
This term describes an act that is intended to intimidate the public or compel a government or international organization to do or refrain from doing any act, as defined in Section 83.01 of the Criminal Code.
What is a terrorist activity?
What happened to Ikar Mao when they were released back to Canada?
He was sentenced to 49 months imprisonment.
What does Section 12 protect against?
Cruel and unusual treatment or punishment.
What is an Indictable Offence? Give two examples.
An Indictable Offence is a serious criminal offence that often involves a longer court process and harsher penalties.
Examples: murder and robbery.
What happens if a person commits a terrorist hoax that causes someone’s death?
They can be sentenced to life imprisonment.
Section 83.202 was introduced in this year as part of Canada’s efforts to strengthen anti-terrorism laws.
What is 2013?
What were the two offences they were both charged with?
Participating in activities of terrorist group and leaving Canada with intent of committing act of terrorism.
What does Section 8 of the Charter protect?
It protects individuals against unreasonable search or seizure by authorities.
What does Due Diligence mean in criminal law?
Due Diligence means the accused took all reasonable steps to avoid committing the offence, even if it still happened. It's a possible defence for strict liability offences.