INTRODUCTION AND BRIEF DESCRIPTION
This section allows a justice to restore a revoked authorization, license, or registration certificate if a seized item is returned to the person it was taken from.
SECTION WORDING
117.06(2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.
EXPLANATION
Section 117.06(2) of the Criminal Code of Canada deals with the return of seized items and the revocation of authorizations, licenses, or registration certificates. When something is seized under section 117.04 of the Criminal Code for the purposes of preventing terrorism, a justice may order its return to the person from whom it was seized. However, if an authorization, license, or registration certificate has been revoked due to the seizure, the justice referred to in paragraph (1)(b) may also order that the revocation be reversed and the authorization, license, or registration certificate be restored to the person. This provision serves to restore the rights and privileges of an individual whose authorization, license, or registration certificate may have been revoked due to the seizure of their property. The justice has the discretion to restore these rights based on the circumstances of the case. This section ensures that individuals are not unduly penalized for reasons beyond their control and that their rights and privileges are protected. Overall, section 117.06(2) is a necessary provision in ensuring that individuals are not unfairly deprived of their rights and that the justice system operates fairly and justly. It provides a balance between preventing terrorism and protecting individual rights, which is critical in maintaining a just and democratic society.
COMMENTARY
Section 117.06(2) of the Criminal Code of Canada allows for the restoration of seized authorizations, licenses, or registration certificates that had been previously revoked. This provision acknowledges that, in certain circumstances, revoking such documentation may have been an overzealous measure, and that allowing for their reinstatement is justifiable. The section outlines two conditions under which an authorization or license may be returned: One, if the items seized are returned to the individual from whom they were taken, and two, if the revocation of the authorization or registration is a result of subsection 117.04(4). Subsection 117.04(4) details the conditions under which an authorized organization may request that an individual's authorization or license be revoked, including if the individual presents a threat to public safety or is not using the authorization or license in accordance with its intended purpose. There are both positive and negative consequences of this section of the Criminal Code. On the one hand, it shows the judicial system's willingness to acknowledge and correct any errors made in the revocation of authorizations, licenses, or registrations. It recognizes that, in some cases, the revocation of such documentation may have been an overreaction and may have done more harm than good, both to the individual and the public. However, on the other hand, this provision may also be exploited by individuals who have had their authorization or registration revoked for legitimate reasons. Those individuals may use this provision to regain their authorization or license, only to continue their harmful behavior, thus endangering the public. In such cases, it is essential that the revocation and restoration process is carefully monitored and that the judicial system considers all aspects of the revocation and restoration before granting the restoration of any documentation. Overall, section 117.06(2) of the Criminal Code of Canada recognizes the importance of balancing public safety with individual rights. It allows for an avenue for the reinstatement of revoked documentation, but it also emphasizes the need to approach such decisions with careful consideration for the safety of the public. It is a provision that acknowledges the importance of second chances while also upholding the principles of justice and accountability.
STRATEGY
Section 117.06(2) of the Criminal Code of Canada provides a mechanism for individuals to appeal the revocation of their authorization, license, or registration certificate. However, this process requires careful consideration and strategic planning to ensure the best possible outcome. In this essay, we will discuss some of the strategic considerations when dealing with this section of the Criminal Code of Canada and highlight some strategies that could be employed. One of the primary strategic considerations when dealing with Section 117.06(2) is timing. The appeal process must be initiated within 30 days of the revocation order, and failure to do so will result in the revocation becoming final. Therefore, it is essential to act quickly and lodge an appeal as soon as possible to avoid losing the authorization, license, or registration certificate permanently. Another important factor to consider is the reason for the revocation. Section 117.04(4) allows for revocation due to a breach of conditions or a risk to public safety. If the revocation was due to a breach of conditions, the individual may need to demonstrate that steps have been taken to rectify the situation and prevent future breaches. If the revocation was due to a risk to public safety, the individual may need to provide evidence to refute the allegations or show that the risk has been mitigated. A third strategic consideration is the evidence required to support the appeal. In most cases, the person appealing the revocation will need to demonstrate that they are compliant with the relevant laws and regulations and that they pose no risk to public safety. This may involve providing documentation, such as a clean criminal record or proof of compliance with relevant requirements. It may also involve presenting testimony from expert witnesses or demonstrating that the revocation was based on inaccurate information. To support an appeal under Section 117.06(2), some strategies that could be employed include: 1. Seeking legal advice - It is always advisable to seek legal advice when facing a revocation under Section 117.04. A lawyer experienced in this area can provide guidance on the best approach to take and help to prepare a compelling case. 2. Conducting a thorough review - It may be helpful to conduct a thorough review of the circumstances that led to the revocation. This can help to identify any weaknesses in the case against the individual and uncover evidence to support an appeal. 3. Providing evidence - Evidence is key to supporting an appeal. This may include expert testimony, documentation, or other evidence to demonstrate compliance or refute allegations. 4. Demonstrating rehabilitation - If the revocation was due to a criminal conviction or other issue that has since been rectified, it may be helpful to demonstrate rehabilitation. This can include completion of a rehabilitation program, positive life changes, or a clean record since the incident. 5. Addressing public safety concerns - If the revocation was due to a risk to public safety, it may be necessary to take steps to address those concerns. This can include demonstrating a plan to mitigate risks, providing additional training or certification, or showing that the risk has been eliminated. In conclusion, Section 117.06(2) of the Criminal Code of Canada provides a mechanism for individuals to appeal the revocation of their authorization, license, or registration certificate. However, this process requires careful consideration and strategic planning to ensure the best possible outcome. By acting quickly, providing evidence, addressing concerns, and seeking legal advice, individuals can increase their chances of a successful appeal under this section of the Criminal Code of Canada.