INTRODUCTION AND BRIEF DESCRIPTION
This section allows a person with an interest in property subject to forfeiture for terrorism-related activities to retain their interest if they have taken reasonable care to prevent its use for terrorism and are not a member of a terrorist group.
SECTION WORDING
83.14(8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.
EXPLANATION
The section 83.14(8) of the Criminal Code of Canada pertains to the forfeiture of property in cases involving terrorist activities. According to this section, if a judge determines that an individual has an interest in property that is subject to an application, such an interest will not be affected by the forfeiture if the person in question meets certain conditions. Firstly, the concerned person has to be someone who has exercised reasonable care to ensure that the property is not used to facilitate or carry out a terrorist activity. Secondly, the individual cannot be a member of a terrorist group. If these conditions are met, the judge will issue an order declaring the nature and extent of the interest in question. This section highlights the importance of proving that individuals who own property that may be related to a terrorist activity had no involvement in the crime. It allows such persons to retain their legal interest in the property, despite the property being subject to a criminal forfeiture application. Moreover, the section emphasizes the principle of fairness and natural justice as it allows individuals to have a chance to defend themselves and prove their innocence. It also provides protection to the rights of individuals and ensures that they are not wrongfully penalized by being stripped of their property without due process. Overall, section 83.14(8) serves a vital role in preventing the wrongful forfeiture of property and ensuring that the rights of innocent individuals are protected in cases of terrorist activities.
COMMENTARY
The Criminal Code of Canada is a compilation of laws that govern various criminal activities and offenses within the country. One of the key features of the code is the provision for seizing and forfeiting property that is linked to criminal activities, including terrorism-related offenses. Part of this provision is captured in section 83.14(8) of the code, which governs the process of exempting innocent proprietors who lack any connection to terrorism from the forfeiture process. Section 83.14(8) of the Criminal Code of Canada was introduced as part of the Anti-Terrorism Act of 2001, which was a response to the 9/11 terrorist attacks in the US. The section provides a safeguard for persons who may have property, or an interest in property, that is subject to forfeiture because of its association with terrorism-related activities. The provision grants an exemption to owners of property who can demonstrate that they lack any involvement in terrorism and have taken reasonable steps to ensure that their property is not used for terrorist activities. In practical terms, section 83.14(8) acknowledges that property forfeiture can have far-reaching effects on innocent third parties. For example, a person may own a building that is leased to a tenant who is later found to use the premises as a terrorist cell. Without the provision, even if the owner had no knowledge of the tenant's activities, their property would be subjected to seizure and forfeiture. This would result in a significant financial loss for the owner, and perhaps, the loss of their livelihood. Section 83.14(8) provides a means of safeguarding the interests of such a person, as long as they meet the criteria under the provision. To qualify for exemption under section 83.14(8) of the Criminal Code of Canada, a person must satisfy three conditions. First, they must demonstrate that they have an interest in the property that is the subject of the forfeiture application. An interest in property means that the person has some claim, right, or title to the property. Second, they must prove that they have exercised reasonable care to ensure that their property is not used to facilitate or carry out a terrorist activity. The provision does not specify what constitutes reasonable care, but it suggests that the property owner must have taken some affirmative steps to avoid any association with terrorism. Finally, the person must show that they are not a member of a terrorist group. In cases where a judge determines that a person meets all the requirements of section 83.14(8), they shall order that the person's interest in the property is not affected by the forfeiture. This means that even if the property is subject to forfeiture because of its association with terrorist activities, the innocent proprietor can retain their interest in the property. The judge shall declare the nature and extent of the interest in a formal order. Section 83.14(8) of the Criminal Code of Canada is a necessary safeguard that provides protection to innocent third parties in cases of property forfeiture. It recognizes that property owners who have no connection to terrorism should not be made to suffer the consequences of the actions of others. By requiring property owners to exercise reasonable care, the provision also encourages a sense of responsibility among property owners to do their part in preventing terrorism-related activities. Overall, the provision strikes a balance between national security and individual rights and freedoms.
STRATEGY
Section 83.14(8) of the Criminal Code of Canada provides a measure of protection to individuals who may have an interest in property subject to seizure and forfeiture in connection with terrorism-related offenses. This provision recognizes that innocent parties may have legal rights to the property under consideration, and allows the court to make an order protecting those rights. When dealing with this section of the Criminal Code, there are several strategic considerations that may arise. Firstly, it is important for legal counsel to identify any individuals or entities who may have an interest in the property at issue. This could include family members, business partners, or third-party owners. These individuals should be notified of the proceedings and given an opportunity to present evidence in support of their claim to the property. Another strategic consideration is the need to establish that the individual with an interest in the property exercised reasonable care to ensure that it would not be used to facilitate or carry out a terrorist activity. This might involve presenting evidence of due diligence procedures, such as conducting background checks on tenants or inspecting the property regularly for signs of suspicious activity. In addition, legal counsel may need to show that the individual is not a member of a terrorist group. This could be challenging, as membership in such groups is often difficult to prove definitively. Nevertheless, it may be possible to establish that the individual had no knowledge of any terrorist activities, and took steps to avoid support or participation in such activities. Depending on the circumstances of the case, various strategies could be employed to protect an individual's interest in the property. For example, legal counsel may argue that the property is essential for the individual's livelihood, and that forfeiture would cause significant financial hardship. Alternatively, they may argue that forfeiture of the property would be disproportionate to the alleged offense, and that other remedies, such as fines or community service, would be more appropriate. Overall, when dealing with section 83.14(8) of the Criminal Code of Canada, legal counsel must carefully consider all available options and strategies, and work to protect the rights and interests of their clients. This includes identifying any potential issues or challenges that may arise, and taking proactive steps to address them. By leveraging their legal knowledge and expertise, counsel can help their clients achieve favorable outcomes, even in complex and challenging cases.