An Act to amend the Criminal Code (promotion of terrorist activity or group)

Bill C-257 would create a new criminal offence in the Criminal Code for wilfully promoting terrorist activity, a terrorist group, or any activity carried out by a terrorist group, when this is done through communicated statements. Anyone convicted of this new offence would face up to five years in prison. The offence would apply even if the statements made didn't refer to a specific terrorist group or activity, and even if no one was actually persuaded or encouraged to take part in terrorism as a result.

The bill includes several defences that would protect a person from conviction: proving the statements were true, expressing a genuine religious opinion in good faith, discussing a matter of public interest that they reasonably believed to be true, or pointing out troubling material in good faith so that it could be addressed or removed.

This new offence is added to the Criminal Code's list of "terrorism offences," which means related legal consequences already used for other terrorism offences will also apply to it. This includes a rule requiring that any prison sentence for this offence be served consecutively (on top of) sentences for related crimes, rather than at the same time. It also becomes an offence for which police may seek judicial authorization to intercept private communications (wiretaps), a tool already available for other terrorism-related offences.

This bill creates a new Criminal Code offence of wilfully promoting terrorist activity, a terrorist group, or an activity of a terrorist group, and attaches it to existing terrorism-related sentencing and investigative provisions.

• New offence — anyone who communicates statements that wilfully promote a terrorist activity, terrorist group, or activity of a terrorist group commits an indictable offence, punishable by up to five years imprisonment.
• Scope of prosecution — a charge can proceed even if the statements did not specifically name a terrorist activity or group, and even if no one was actually encouraged or persuaded to participate in terrorism.
• Defences available — an accused cannot be convicted if they prove the statements were true, expressed a good-faith religious opinion, related to a matter of public interest reasonably believed true, or were made in good faith to identify such matters for removal.
• Sentencing — a sentence for this offence (unless it is life imprisonment) must be served consecutively to sentences for other listed terrorism offences, rather than at the same time.
• Investigative tools — by adding the new offence to the Criminal Code's definition of "offence" for Part VI (interception of communications), police and prosecutors gain access to wiretap and communication-interception authorization for investigating this offence.
• Classification effect — by adding the new section to the definition of "terrorism offence," other Criminal Code consequences that attach generally to terrorism offences (such as consecutive sentencing rules) apply automatically to this new offence.