INTRODUCTION AND BRIEF DESCRIPTION
This section requires annual reports to be submitted on the operation of certain sections related to terrorism.
SECTION WORDING
83.31 (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes (a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3); (b) the number of orders for the gathering of information that were made under subsection 83.28(4); and (c) the number of arrests that were made with a warrant issued under section 83.29.
EXPLANATION
Section 83.31(1) of the Criminal Code of Canada requires the Attorney General of Canada and the Attorney General of each province to prepare an annual report on the operation of sections 83.28 and 83.29. These sections relate to terrorism-related offences and give law enforcement authorities the power to seek Court orders for the interception of communications, the collection of information, and the arrest of individuals suspected of terrorist activities. The annual report must include information on the number of consents sought and obtained for making an application under these sections, as well as the number of orders made for the gathering of information. It must also provide details on the number of arrests made with warrants issued under section 83.29. The publication of this information is intended to increase transparency and accountability in the use of these provisions by law enforcement authorities. It provides a mechanism for monitoring and evaluating the efficacy and potential misuse of these powers by those responsible for enforcing Canada's counter-terrorism laws. In addition to providing a record of the operations of the relevant sections, the annual report may also identify areas for improvement in the implementation of these powers, and may provide recommendations to enhance the effectiveness and efficiency of anti-terrorism measures in Canada. This section, therefore, serves as a vital tool for oversight and accountability in Canadian counter-terrorism efforts.
COMMENTARY
Section 83.31(1) of the Criminal Code of Canada is a crucial piece of legislation that is aimed at upholding the principles of accountability, transparency, and democratic governance. The section requires that the Attorney General of Canada and every province publish an annual report on the operation of sections 83.28 and 83.29, which are provisions dealing with terrorism offenses. Subsections 83.28(2) and (3) of the Criminal Code of Canada require an application for a peace bond, which can be used to prevent a person from engaging in terrorist activities. The subsections allow the Crown to apply for a peace bond with or without the consent of the individual. The first requirement of the annual report is to show the number of consents to make an application that were sought, and those that were obtained by virtue of these subsections. Subsection 83.28(4) allows for an order to be issued for the gathering of information about potential terrorist activities by authorities. The order allows law enforcement agencies to investigate, and prevent acts of terrorism. The second requirement of the annual report is to show the number of orders for the gathering of information that were made under this subsection. Section 83.29 of the Criminal Code of Canada allows for the issuing of warrants for the arrest of persons suspected of engaging in terrorist activities. The warrant can be issued if there are reasonable grounds to believe that the individual in question is about to engage in terrorist activities. The third requirement of the annual report is to show the number of arrests that were made with a warrant issued under this section. These provisions of the annual report are essential in ensuring that the public receives accurate information about the implementation and use of these provisions. The public has a right to information regarding the use of these provisions and the results of the investigations and arrests made. The requirement for the publication of this information sheds light on the processes and mechanisms used in the fight against terrorism, therefore, enhancing public trust in the government's anti-terrorist measures. Furthermore, the annual report provides the necessary checks and balances to ensure that these provisions are not being abused or used disproportionately. The Attorney General of Canada and every Province must report on the number of times they sought consents to make an application, and those they obtained. These requirements provide a yardstick with which to measure the implementation and use of these provisions. In conclusion, Section 83.31(1) of the Criminal Code of Canada is a crucial piece of legislation that facilitates transparency and accountability in the implementation of anti-terrorism measures in Canada. By requiring the annual report to contain information on the use of sections 83.28 and 83.29, the legislation ensures that the public receives accurate information on the progress of investigations and the extent of arrests made in the fight against terrorism. The annual report also provides a check on the abuse of these provisions, promoting public trust in the government's anti-terrorism measures.
STRATEGY
As stated in Section 83.31(1) of the Criminal Code of Canada, the Attorney General of Canada is required to prepare an annual report on the operation of sections 83.28 and 83.29, which relate to terrorism offences. This report must include information on consents sought and obtained, orders for gathering information, and the number of arrests made with warrants issued under section 83.29. However, preparing such annual reports can be a sensitive issue, particularly due to concerns over national security and the possible disclosure of classified information. As a result, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. First and foremost, it is important to ensure that any information contained in the annual report is accurate and complete, while at the same time not jeopardizing national security. Government officials responsible for compiling the report should work closely with law enforcement agencies to ensure that all the necessary data is collected and presented in a way that does not compromise any ongoing investigations or sensitive information. Additionally, it may be beneficial to develop a communications strategy to ensure that the information contained in the report is effectively communicated to the public and other relevant stakeholders. This could involve working with the media to provide accurate and timely updates on the operations of sections 83.28 and 83.29, as well as engaging with community groups and other organizations to ensure they are aware of the work being done to combat terrorism in Canada. Another key strategy for dealing with this section of the Criminal Code of Canada is to actively engage with stakeholders to ensure that their concerns and feedback are taken into account. This could involve consulting with civil society groups, legal experts, and other stakeholders to ensure that the operations of sections 83.28 and 83.29 are being carried out in a way that respects human rights and civil liberties. Finally, it may be beneficial to invest in training and capacity building for law enforcement agencies and other government officials involved in the operations of sections 83.28 and 83.29. This could involve providing specialized training programs focused on issues such as national security, counterterrorism, and human rights, as well as ensuring that these officials are equipped with the necessary resources and technologies needed to carry out their work effectively. In conclusion, dealing with Section 83.31(1) of the Criminal Code of Canada requires a careful balancing of the need for transparency and accountability with concerns over national security. By taking a strategic and collaborative approach to the annual reporting process, government officials can help ensure that the operations of sections 83.28 and 83.29 are carried out effectively, while at the same time respecting human rights and upholding the rule of law.