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Canadians who go abroad to fight ISIL would be exempt from a Conservative campaign promise to outlaw travel to parts of the world controlled by terrorists.

It “is not intended to prosecute individuals who can prove they have been working with groups fighting against” the Islamic State of Iraq and the Levant, Megan Murdoch, a Conservative Party campaign spokeswoman, said Monday. “If they can prove that they are fighting against (them), then they will not be prosecuted, that’s not the point of this.”

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Conservative leader Stephen Harper announced the proposed foreign policy Sunday. If re-elected, he promises to make it a crime for Canadians to travel to regions – “declared areas” – where ISIL and other banned terrorist groups hold control and recruit and train followers. It mirrors much of a 2014 Australian law, which carries a 10-year prison term.

Canada already has laws against facilitating terrorist activities and leaving the country or attempting to leave to engage in terrorist activities. But gathering incriminating battlefield intelligence in a far-flung combat zone, then turning it into prosecutorial evidence to satisfy Canadian courts is tough, if not often impossible. A law simply banning travel to terrorist hotspots, for almost any reason, eliminates many of the legal complexities and courtroom hurdles. It would also likely deter some would-be fighters from planning to join the fight.