Canada

TECHNICAL COMPLIANCE ANNEX
Recommendation 5 - Terrorist financing offence
Canada was rated LC with former SR. II.
Criterion 5.1— TF is criminalized through CC, ss.83.02 to 83.04: S. 83.02 criminalizes the direct or
indirect, wilful and unlawful collection or provision of property with the intent that the property is
to be used or knowing that the property will be used to carry out a terrorist activity. CC, s.83.04
criminalizes the use of property for the purpose of facilitating or carrying out a terrorist activity, and
the possession of property intending that it be used or knowing that it will be used to facilitate or
carry out a terrorist activity. CC, s.83.01 defines “terrorist activity” to cover all acts which (1)
constitute an offense as defined in one of the conventions and protocols listed in the Annex to the TF
Convention, all of which are criminalized in Canada; and (2) any other act or omission carried out
with terrorist intent.
Criterion 5.2— CC, s.83.03(a) criminalizes the direct or indirect collection or provision of property
with the intent that such property is to be used or knowing that such property will be used to benefit
any person who is facilitating or carrying out a terrorist activity. The offense applies also where the
property is used by the financed person for a legitimate purpose. CC s.83.03(b) covers the direct or
indirect collection or provision of property, knowing that such property, in whole or in part, will
benefit a terrorist group. “Terrorist group” includes a person, group, trust, partnership, or fund or
unincorporated associations or organizations that has as one of its purposes or activities the
facilitating or carrying out of any terrorist activity. The mental element required under subsection
(b) is slightly stricter than under subsection (a) as the offense only applies where the perpetrator
knows that property will be used for the benefit of a terrorist group, but not where he merely
intends for this to be the case. For both CC, ss. 83.03 (a) and (b) the courts have interpreted the term
“facilitates” broadly to cover “any behaviour/activity taken to make it easier for another to commit a
crime.” 103 The term thus includes the “organizing or directing of others" to commit a terrorist
activity, or the “contributing to the commission of a terrorist activity by a group of persons acting
with a common purpose.”
Technical compliance Annex
Criterion 5.3— “Property” is defined under CC, s.2 to include real and personal property of every
kind and deeds and instruments relating to or evidencing the title or right to property or giving a
right to recover or receive money or goods, including converted or exchanged property. CC, ss.83.01
to 83.03 are not limited in scope to financing activities involving illicit property. The source of the
property used for the financing activity is irrelevant.
Criterion 5.4— CC, s.83.02 implies that the financing offense can also be applied in cases where a
person collects or provides property merely with the intention to finance a specific terrorist activity.
Thus, it is neither required that the financed activity has been attempted or committed, nor that the
money collected or provided is linked to a specific terrorist activity. CC, s.83.03(b) extends to the
collection or provision of funds for the benefit of a terrorist group, regardless of the purpose for
which the funds are eventually used, but does not cover financing merely with the intent to benefit
103 R. v. Nuttall, 2015 BCSC 943 CanLII.
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