To prove membership of a terrorist organisation under s 102.3(1) of the Criminal Code, the prosecution must adduce evidence of the organisation's membership structure, criteria, or processes — whether formal or informal — against which the accused's conduct can be evaluated as constituting membership or steps towards it. Evidence of support for, or alignment with, a terrorist organisation's ideology and objectives is insufficient without evidence connecting that conduct to the organisation's membership. The regulation proscribing Islamic State prescribes the organisation in a narrow sense and does not extend to the population of territory it controls.
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