National Security and War Crimes

The PPSC conducts prosecutions in national security-related proceedings, including terrorism prosecutions, applications for terrorism peace bonds, and prosecutions under the Security of Information Act (SOIA). The PPSC is also responsible for the conduct of prosecutions under the Crimes Against Humanity and War Crimes Act.

Terrorism Offences

The PPSC has concurrent jurisdiction with the provincial prosecution services to prosecute terrorism offences in the Criminal Code.

A protocol is in place regarding the manner in which the jurisdiction will be shared. The protocol provides that the PPSC will have the conduct of terrorism prosecutions where the national interest is at stake. All provinces except Ontario and Quebec have signed the protocol. Quebec and Ontario have informally agreed to abide by its spirit. To date, the PPSC has prosecuted all terrorism offences, with the participation of Ontario in three cases.

Consent of the Attorney General

In order to commence terrorism proceedings (whether a prosecution or an application for a terrorism peace bond pursuant to s 810.011 of the Criminal Code), the investigating law enforcement agency must obtain the prior consent of the Attorney General of Canada. The decision as to whether to consent is made by the Director of Public Prosecutions or a Deputy Director of Public Prosecutions.

The PPSC’s Capacity to Conduct Terrorism Offence Prosecutions

The PPSC has established a practice of assigning the direction of terrorism files to a particular group of senior prosecutors who are experienced in terrorism prosecutions. These prosecutors can be assigned to terrorism prosecutions anywhere in Canada. In addition, the PPSC has counsel at its headquarters who ensure that assigned prosecutors in the regions are provided the support they need to carry out their work.

PPSC counsel in the regional offices work at the investigative stage with the RCMP-led Integrated National Security Enforcement Teams. The PPSC relies upon regional terrorism prosecutors under the guidance of the headquarters counsel and a Deputy DPP, for the consideration of novel issues and for the dissemination of best practices.

Terrorism Offence Prosecutions and Proceedings

The PPSC is currently prosecuting two terrorism cases, involving two individual accused. In addition, charges have been laid in five other cases, involving eight individuals who are not currently in Canada’s jurisdiction. Finally, there are four cases outstanding before appellate courts (two in Ontario, one in Québec, and one leave application before the Supreme Court of Canada).

Since the Anti-Terrorism Act came into force in 2001, a total of 56 individuals have been prosecuted for terrorism-related offences, including those individuals still before the courts. Twenty-nine individuals have been convicted, and life sentences were imposed on six of these individuals. In addition to the life sentences, significant sentences of between 15 and 24 years have been imposed.

Furthermore, there have been a total of 26 applications pursuant to s 810.011 Criminal Code, the terrorism peace bond provision. Of these applications, 16 have resulted in the peace bond being entered into. One application was dismissed by the Court, and nine were withdrawn by the Crown at various stages. Two people are currently subject to a section 810.011 peace bond.

Canadian Extremist Travelers

In 2013, offences specifically related to leaving or attempting to leave Canada for the purposes of committing certain terrorism offences were enacted in the Criminal Code. Since then, 12 individuals have been charged with specific terrorism travel offences.^{Note 24} Four have been convicted; two have had terrorism peace bonds imposed; four have outstanding warrants; one is awaiting trial; and one has had the charges withdrawn.

Other National Security Prosecutions

The PPSC is currently prosecuting two cases involving charges under the SOIA. In R v Qing Huang, the accused was an employee of Lloyd’s Register Canada, which provided services to the shipping industry, governments and military, including the Government of Canada and the Royal Canadian Navy. He is alleged to have contacted the Chinese government and offered to disclose highly confidential military information. The trial has been adjourned pending resolution of Federal Court proceedings regarding the protection of sensitive information pursuant to s. 38 of the Canada Evidence Act.

In R v Cameron Jay Ortis, the accused, who was at the time of his arrest Director General of the RCMP - National Intelligence Coordination Center, is charged under ss. 14(1), 22(1)(b), and 22(1)(e) of the SOIA. He is also charged under ss. 122, and 342.1(1) of the Criminal Code. It is alleged that he was preparing to share sensitive information with a foreign entity, and that he shared operational information in 2015.

War Crimes

The PPSC has exclusive jurisdiction to initiate and conduct prosecutions of offences under the Crimes Against Humanity and War Crimes Act. At this time, there are no ongoing war crimes prosecutions.