Terrorism Prosecutions in Canada: Elucidating the Elements of the Offences

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.