INTRODUCTION AND BRIEF DESCRIPTION
Section 707 applies to those detained in custody under section 83.29 with necessary modifications.
SECTION WORDING
83.29(4) Section 707 applies, with any necessary modifications, to persons detained in custody under this section. 2001, c. 41, s. 4; 2013, c. 9, s. 10
EXPLANATION
Section 83.29(4) of the Criminal Code of Canada is a provision that applies to persons detained in custody under this section. This provision makes it clear that Section 707 applies with any necessary modifications to persons detained in custody under this section. Section 707 of the Criminal Code of Canada deals with the power of a justice to release an accused before trial. It specifies the situations where a justice may release an accused, the criteria that the justice should consider, and the conditions that may be imposed on the accused as part of their release. In the context of Section 83.29, which deals with the preventative detention of individuals who pose a risk of engaging in terrorism offences, Section 83.29(4) ensures that the provisions of Section 707 are applicable to individuals detained under this section. This means that the same principles of release apply to accused persons detained under Section 83.29, with any necessary modifications to account for the unique circumstances of the case. Overall, Section 83.29(4) is an important provision that ensures fairness and consistency in the procedures used for determining the release of individuals who are detained under this section of the Criminal Code of Canada.
COMMENTARY
Section 83.29(4) of the Criminal Code of Canada is a provision that applies to individuals detained in custody under section 83.29 of the Code. This section of the Code pertains to the detention of individuals suspected of being involved in terrorist acts or activities, and it provides for preventative detention, which allows a judge to order an individual to be detained in custody without a charge or trial. Section 707 of the Criminal Code, which is referenced in section 83.29(4), is a provision that deals with the detention of individuals awaiting trial. It provides that a detainee must be brought before a court as soon as possible, and that the court must inquire into the reasons for their detention and determine whether their continued detention is necessary. If the court determines that their continued detention is not necessary, the detainee must be released. Section 83.29(4) applies section 707 to individuals detained under section 83.29, with any necessary modifications. This means that individuals detained under section 83.29 must be brought before a court as soon as possible, and that the court must inquire into the reasons for their detention and determine whether their continued detention is necessary. However, there may be some modifications to this process in order to account for the unique circumstances of detention under section 83.29. Detention under section 83.29 is a controversial issue, as it allows individuals to be detained without being charged with a crime or given a trial. This has led to concerns about the potential for abuse of this power, and the need for appropriate safeguards to ensure that individuals are not being unjustly detained. Section 83.29(4) helps to ensure that there are appropriate safeguards in place for individuals detained under this provision by requiring that they be brought before a court and that their detention be reviewed regularly. Overall, section 83.29(4) is an important provision that helps to ensure that individuals detained under section 83.29 are not being unjustly detained. By applying section 707 to individuals detained under section 83.29, this provision provides for appropriate safeguards and helps to ensure that individuals are being treated fairly. However, there may still be concerns about the use of preventative detention and the need to strike a balance between protecting national security and protecting individual rights. Therefore, it is important for this provision to be used judiciously and for appropriate safeguards to be in place to prevent abuse of this power.
STRATEGY
Section 83.29(4) of the Criminal Code of Canada pertains to individuals who are detained in custody under this section. This section of the Code deals with the preventive arrests of individuals suspected of being involved in terrorism-related activities. It allows law enforcement officials to arrest and detain individuals without a warrant, on the suspicion that they pose an immediate threat to public safety or national security. This section has been subject to controversy and debate since its introduction in 2001. To deal with this section of the Criminal Code of Canada, several strategic considerations are crucial. One of the key strategic considerations when dealing with section 83.29(4) is ensuring that the use of this section is proportional to the level of risk that a suspect poses. This section provides for preventive arrest, which means the individual is not arrested for an offence they have committed but for the potential harm they may cause. Law enforcement officials must, therefore, be careful to ensure that the threat posed warrants the use of this section. Secondly, there must be a balance between public safety and individual rights. Preventive arrests are a significant intrusion on individual rights and liberties, and therefore, should only be used in extreme circumstances. The use of this section must be balanced against the legal requirements of due process, the right to a fair trial, and the presumption of innocence, as guaranteed by the Canadian Charter of Rights and Freedoms. Another strategic consideration is the need for transparency and accountability in the use of this section. Law enforcement officials must be transparent about how this section is being used and the criteria they are using to determine who is subject to preventive arrests. Also, there must be accountability mechanisms in place, such as an independent oversight body, to ensure that the decision to use this section is justified and reasonable. One strategy that could be employed to deal with section 83.29(4) is to enhance training for law enforcement officials. This training could include guidance on the use of this section, including when it is appropriate to use it and what criteria must be met. Additionally, training could also include guidance on how to ensure that the use of this section is proportional to the level of risk posed by the suspect. Another strategy could be to enhance communication between law enforcement officials and the community. Communities must trust law enforcement officials and understand the need for the use of sections such as 83.29(4). The public should also have a clear understanding of the procedures and criteria used in the decision to implement preventive arrests to avoid generating misunderstanding, mistrust, and backlash. In conclusion, section 83.29(4) of the Criminal Code of Canada is a sensitive issue that requires a balance between maintaining law and order, safeguarding public safety and preserving individual rights and liberties. Strategic considerations must be adequately taken care of when dealing with this section of the law, including ensuring proportionality to the level of risk posed, transparency, accountability, enhancing law enforcement officials' training, and communication between law enforcement officials and the community. By doing all these, public trust and safety can be maintained while guaranteeing the protection of individual rights and liberties.