Bill C-51 Backgrounder #1: The New Advocating or Promoting Terrorism Offence

27 Pages Posted: 5 Feb 2015  

Kent Roach

University of Toronto - Faculty of Law

Craig Forcese

University of Ottawa - Common Law Section

Date Written: February 3, 2015

Abstract

In Bill C-51, the Canadian government wants to jail people who, by speaking, written, recording, gesturing or through other visible representations, knowingly advocate or promote the commission of terrorism offences in general, while aware of the possibility that the offences may be committed.

This offence raises many serious issues, and should (at best) be considered extremely concerning. The scope of the new offence is not clear and the offence is sweeping in its criminalization of advocacy and promotion of “terrorism offences in general”, because terrorism offences themselves are sweeping.

We have serious doubts whether it is consistent with the Charter. We have no doubts that it is capable of chilling constitutionally-protected speech, and ultimately proving an offence that undermines more promising avenues of addressing terrorism.

The backgrounder contains our full legal analysis.

Keywords: anti-terrorism law, Canada, criminal law, national security law

Suggested Citation

Roach, Kent and Forcese, Craig, Bill C-51 Backgrounder #1: The New Advocating or Promoting Terrorism Offence (February 3, 2015). Available at SSRN: https://ssrn.com/abstract=2560006 or http://dx.doi.org/10.2139/ssrn.2560006

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

Craig Forcese

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.cforcese.ca

Paper statistics

Downloads
3,389
Rank
2,207
Abstract Views
11,254