INTRODUCTION AND BRIEF DESCRIPTION
The Minister must issue a certificate within 15 days if the applicant is not a listed entity.
SECTION WORDING
83.07(2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity.
EXPLANATION
Section 83.07(2) of the Criminal Code of Canada outlines the process for individuals or entities to apply for a certificate that confirms that they are not listed as a terrorist entity. This is a crucial provision in the Criminal Code as it aims to prevent individuals or organizations who pose a threat to national security from carrying out their activities. To obtain a certificate, individuals or organizations must submit an application to the Minister of Public Safety and Emergency Preparedness ("the Minister"). The Minister has the responsibility to review the application and determine whether the applicant is listed as a terrorist entity. The certificate is issued within fifteen days of receiving the application if the Minister is satisfied that the applicant is not a listed entity. The issuance of a certificate is an essential aspect of the Criminal Code's counter-terrorism measures. It allows individuals or entities to engage in activities that could potentially be viewed as threatening to national security, such as those related to finance and personal property, without being subject to scrutiny by law enforcement agencies. The certificate protects individuals or organizations from being unlawfully targeted by law enforcement, and it also improves the efficiency of counter-terrorism investigations by reducing false leads. In summary, section 83.07(2) of the Criminal Code is a significant provision in Canada's fight against terrorism. It provides the framework for individuals and entities to obtain certificates that prove they are not listed as a terrorist entity, which enhances their freedom to engage in legitimate activities without fear of being unfairly targeted by law enforcement.
COMMENTARY
Section 83.07(2) of the Criminal Code of Canada is an important provision that outlines the process for individuals or groups seeking to be removed from the United Nations Security Council’s list of designated terrorists. The provision mandates that the Minister of Public Safety and Emergency Preparedness must issue a certificate of de-listing within 15 days of receiving an application if he or she is satisfied that the applicant is not a listed entity. This provision is designed to ensure that individuals or groups whose names have been placed on the Security Council’s list can seek removal if they believe they no longer meet the criteria for designation. The designation process can be a serious impediment to the ability of listed entities to participate in regular civil society activities, including banking and charitable work. As such, the ability to have one’s name removed from the list is an important right that ensures that innocent parties are not unfairly impeded. However, the provision also raises important questions about how the government determines whether an applicant is a "listed entity." The United Nations Security Council typically designates individuals or groups as terrorists or terrorist organizations when they have evidence of their involvement in activities such as bombings, assassinations, or kidnappings. These designations are typically made in response to requests from member states or other entities with information about the individual or group’s activities. When an application is made for de-listing, the Minister must consider whether the individual or group in question has taken steps to disassociate themselves from their past activities. This may include renouncing violence, publicly condemning terrorist acts or pledging to work towards peace. The Minister may also consider any evidence that the individual or group has been rehabilitated or is no longer engaging in activities that warrant designation. In some cases, however, determining whether an individual or group is a "listed entity" may be complicated by political considerations. Critics have raised concerns that the Canadian government may be too deferential to the United States on questions of terrorism and national security, and may be more inclined to maintain designations of individuals or groups accused of terrorism activities. This could lead to situations where individuals or groups are unfairly designated, or where it is difficult for them to have their name removed from the list even if they are not actively engaged in terrorist activities. Overall, Section 83.07(2) of the Criminal Code of Canada is an important provision that ensures that individuals or groups designated as terrorists have an avenue to seek de-listing. However, it is crucial that this provision is implemented fairly and without political interference. The government must take care to ensure that the designation process is transparent and based on credible evidence, and that individuals or groups seeking de-listing are given a fair hearing. If these principles are upheld, Section 83.07(2) has the potential to strike the right balance between protecting public safety and safeguarding the rights of those accused of terrorism.
STRATEGY
Section 83.07(2) of the Criminal Code of Canada deals with the issuance of certificates to persons or entities that seek to engage in a designated activity. A designated activity may include dealing with property or providing financial services to a listed entity. The section requires the Minister to issue a certificate within 15 days of receiving an application if he or she is satisfied that the applicant is not a listed entity. This provision raises some strategic considerations, and various strategies can be employed to ensure that an application for a certificate is successful. One major strategic consideration when dealing with this provision is ensuring that the application meets the requirements for a certificate issuance. This includes providing all relevant information and documents that are required for the application process, such as personal information and any evidence that establishes the applicant is not a listed entity. An applicant must ensure that their application is complete, accurate and timely. Another strategic consideration is understanding what constitutes a listed entity. A listed entity is a person or group that is deemed to be involved in terrorism or terrorist activity by the Canadian government or any member of the United Nations Security Council. An applicant must be aware of the current list of designated entities and avoid any dealings with them. In addition, they must ensure that they themselves are not listed and that there is no link between them and any listed entity. The next strategic consideration is the reputation and credibility of the applicant. The Minister considers the reputation and credibility of an applicant before issuing a certificate. An applicant must show that they have a good reputation and are trustworthy; this can be achieved through demonstrating compliance with relevant laws and regulations, maintaining accurate financial records, and avoiding any involvement in criminal activities. In addition, an applicant might consider engaging with government officials and building relationships with them. A good relationship with members of parliament, officials in charge of counterterrorism, and other relevant government agencies can help bolster their application. Moreover, a strong public image can help demonstrate the applicant's trustworthiness and commitment to compliance with regulations and laws. Furthermore, an applicant must develop an effective compliance program to ensure that they remain compliant with all relevant laws and regulations even after the certificate is issued. This includes developing policies and procedures to prevent money laundering, terrorist financing, and other criminal activities. The program must also include ongoing training for staff to ensure they understand their responsibilities and to identify any suspicious activities that must be reported. Ultimately, to increase the likelihood of success, an applicant must meticulously plan, execute and monitor their strategy. This requires ongoing efforts to ensure compliance, build strong relationships with relevant government officials, and align their business decisions with applicable regulatory requirements. In conclusion, the strategic considerations when dealing with section 83.07(2) of the Criminal Code of Canada require applicants to develop an approach that addresses reputation and credibility, the completeness and timeliness of the application, a sound compliance program, understanding of designated entities and building strong relationships with relevant government officials. With a carefully crafted strategy supported by significant efforts in implementation and ongoing monitoring, an applicant can increase the likelihood of obtaining a certificate under the provision.