Terrorism Prosecutions in Canada: Elucidating the Elements of the Offences

68 Pages Posted: 8 Feb 2019

See all articles by Michael Nesbitt

Michael Nesbitt

University of Calgary, Faculty of Law

Dana Hagg

HMC Lawyers LLP

Date Written: January 30, 2019

Abstract

In this paper, we draw on an extensive databank of cases to date with a view to explaining how Canadian courts have defined the predicates of “terrorist activity” and “terrorist group”, as well as how courts have given meaning to the “impossible to prove” elements of the terrorism offences found in Part II.1 of the Criminal Code of Canada. The result is the first comprehensive survey of the essential elements (actus reus and mens rea) of the Criminal Code terrorism offences as they have been interpreted to date by Canadian courts.

It is the authors’ hope that the product will be particularly beneficial for prosecutors, defence lawyers, judges and journalists seeking a consolidated overview of how the courts have treated the various terrorism offences, what issues have been determinatively resolved and are not worth re-litigating, and what legal issues remain open for future consideration.

Suggested Citation

Nesbitt, Michael and Hagg, Dana, Terrorism Prosecutions in Canada: Elucidating the Elements of the Offences (January 30, 2019). Alberta Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3325964

Michael Nesbitt (Contact Author)

University of Calgary, Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

Dana Hagg

HMC Lawyers LLP ( email )

320 - 903 8 Ave SW
Calgary, Alberta T2P 0P7
Canada
5873923299 (Phone)
4032699304 (Fax)

HOME PAGE: http://https://hmclawyers.com/our-lawyers/dana-hagg/

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