Quebec City and Edmonton attacks: Why it's difficult to lay terrorism charges in Canada
Sean Fine, Globe & Mail, 4 Oct 2017
The attacks had all the hallmarks of terrorism. In Quebec City, a man is accused of fatally shooting six worshippers at a mosque, and attempting to kill others. In Edmonton, a man is accused of driving a van into pedestrians and stabbing a police officer. Yet neither has been charged with committing an act of terrorism.
The answer may lie in a prosecutorial view that a terrorism charge is superfluous when the available penalties are already severe for murder and attempted murder. Here's a look at terrorism law in light of the two incidents.
What is the distinguishing feature of terrorism?
The motivation. It's not just any act of violence (or other act, such as a disruption of an essential service like electrical power), but violence committed for a political, religious or ideological purpose; and violence aimed at intimidating the public (or a portion of the public), or the government.
How does terrorism differ from a hate crime?
Hate is treated as an aggravating factor in a crime, which means that it may lead a judge to give a longer sentence than if hate had not been present. It is not, generally, a crime in itself. By contrast, terrorism offences usually exist alongside Criminal Code offences such as murder or attempted murder. Prosecutors first need to prove those offences before moving on to show the terrorist motives. There are also terrorism offences aimed at filling in the gaps in law, largely after 9/11, such as stopping the raising of funds for terrorist groups, or collecting weapons or materiel, or otherwise facilitating, promoting or assisting terrorists.
So why didn't prosecutors in Quebec lay terrorism charges in last January's attack on the mosque worshippers? Wasn't that aimed at intimidation, and done for some form of political or ideological objective?
The answer may be that the penalties for mass murder are already the most severe in the Criminal Code; terrorism charges would add a layer of complexity, but not necessarily a greater punishment. Terrorism cases are handled by federal prosecutors. This week, Quebec's prosecution service declined to explain why no terrorism charges were laid. The intent to intimidate looks clear enough to University of Toronto law professor Kent Roach, an author in the area of national-security law. The political objective, he says, would depend on the evidence. Inferring one from the act may not be enough to prove a terrorist motive existed ...