INTRODUCTION AND BRIEF DESCRIPTION
This section specifies the conditions for surrendering possessions and licenses when a judge adds a condition to a recognizance.
SECTION WORDING
83.3(11) If the judge adds the condition described in subsection (10) to a recognizance, they shall specify in it the manner and method by which (a) the things referred to in that subsection that are in the person’s possession shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.
EXPLANATION
Section 83.3(11) of the Criminal Code of Canada outlines the conditions that a judge must specify in a recognizance when ordering the surrender, disposal, detention, storage, or dealing with certain objects or items in a person's possession. These conditions are applicable in cases where a person is suspected of participating in terrorist activities or poses a threat to public safety. The section requires that the judge provide explicit instructions on how the objects in the person's possession will be disposed of, detained, stored, or dealt with. This is essential to ensure that the objects do not pose a danger to the public and are not used for criminal activities. Additionally, the section mandates that the person surrenders their authorizations, licences, and registration certificates. This is necessary to ensure that the person does not have access to the resources or means to commit terrorist activities or any other criminal activities during their release. This section of the Criminal Code of Canada emphasizes the importance of effective supervision and monitoring of individuals who may pose a threat. It enables the authorities to take necessary measures to safeguard the public and prevent the reoccurrence of criminal activities. Ultimately, it supports the broader goal of maintaining public safety and ensuring the security of Canada.
COMMENTARY
Section 83.3(11) of the Criminal Code of Canada pertains to the conditions that can be added to a recognizance order under subsection (10) related to terrorism charges. This provision requires that if a judge adds the condition mentioned in subsection (10) to a recognizance, they must specify how the things referred to in that section that are in the possession of the person will be dealt with. The provision also mandates the surrender of licenses, authorizations, and registration certificates held by the accused. The criminal justice system has several provisions related to terrorism offences. The conditions of a recognizance under section 83.3(10) of the Criminal Code of Canada are among these provisions. This subsection gives the court the power to impose broad conditions on an individual who is suspected of terrorism offences. The recognizance provisions were introduced as part of the Anti-Terrorism Act, 2015, which expanded the powers of law enforcement agencies to investigate individuals suspected of committing terrorism offences. The inclusion of these provisions was intended to enhance public safety by giving authorities more tools to combat terrorism in Canada. The conditions imposed on an individual under this provision can be wide-ranging and intrusive and can include directives such as passport restrictions, electronic monitoring, surrendering of communication devices, and restrictions on meetings or communication with specific individuals. Section 83.3(11) of the Criminal Code of Canada further specifies how the things referred to in section 83.3(10) should be dealt with, when they are in the possession of the person. This condition, when imposed by the judge, requires the individual to surrender, dispose of, detain, store or deal with any items that the authorities believe may pose a threat to national security. The provision allows the court to order the surrender of any items that may be required to carry out a terrorist attack. For example, a person might be required to surrender explosives, firearms, or other weapons that they possess or that are in their possession and control. Moreover, the provision calls for the surrender of authorization, licenses and registration certificates held by the individual. This may range from the confiscation of aviation licenses held by a pilot or possession permit for firearms to name a few. The ultimate goal of such a provision is to strengthen the preventive measures against individuals who might pose a national security threat to the country. In conclusion, Section 83.3(11) of the Criminal Code of Canada is an important provision that enhances the ability of law enforcement agencies to investigate and prevent terrorism offences. It emphasizes the need for stringent preventive actions against those who may pose a threat to national security. It demonstrates the importance of strong institutions and processes that enable effective law enforcement and justice delivery in safeguarding national security.
STRATEGY
Section 83.3(11) of the Criminal Code of Canada outlines the conditions that a judge must specify if they order an individual to surrender or dispose of certain items or documents under subsection (10). This provision is part of the broader legislation on recognizances and deals specifically with the conditions surrounding the possession and disposition of items that are deemed to be a threat to national security. When dealing with section 83.3(11), there are several strategic considerations that must be taken into account. These include the manner in which the items will be surrendered, the method by which they will be detained or disposed of, and the potential impact on the individual's rights and freedoms. In addition, it is important to consider the potential consequences of violating any of the conditions outlined in the recognizance, as well as the implications of failing to comply with the judge's orders. One strategy that can be employed when dealing with section 83.3(11) is to negotiate with the prosecution or the judge in order to mitigate the impact of the conditions. For example, it may be possible to negotiate alternative methods of surrendering or disposing of the items, or to seek a modification of the conditions in order to safeguard the individual's rights and freedoms. Another strategy that can be employed is to seek legal counsel or representation in order to better understand the implications of the conditions, and to develop a strong legal defense in the event that the individual is charged with a criminal offense. This may involve working with a criminal defense lawyer, or seeking the advice of a legal expert in national security law. Ultimately, the key to successfully navigating section 83.3(11) is to understand the specific conditions that have been imposed, and to develop a strategic approach that balances the need to comply with the judge's orders with the need to protect the individual's rights and freedoms. By working with legal experts and seeking creative solutions to compliance, it is possible to navigate this complex provision of the Criminal Code and emerge with the best possible outcome.