INTRODUCTION AND BRIEF DESCRIPTION
Sections related to terrorism prevention cease to have effect after 15 sitting days unless extended by Parliament.
SECTION WORDING
83.32 (1) Sections 83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).
EXPLANATION
Section 83.32(1) of the Criminal Code of Canada is a provision regarding the expiry of certain anti-terrorism measures. Specifically, sections 83.28, 83.29 and 83.3 deal with preventative arrest, investigative hearings, and recognizance with conditions, respectively. These measures were introduced in 2001 in response to the 9/11 attacks and subsequent terrorist threats. The provision states that these measures will cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection. In other words, after a period of five years, these measures will expire unless they are extended by resolution passed by both Houses of Parliament. The resolution must establish the text under subsection (2) and be in accordance with the rules set out in subsection (3). This provision is significant because it ensures that these anti-terrorism measures are subject to ongoing parliamentary scrutiny. Parliament must actively decide whether to extend these measures, which gives them the opportunity to review their necessity and effectiveness. This also allows for a democratic process whereby elected representatives can debate and make decisions on important national security issues. In conclusion, Section 83.32(1) of the Criminal Code of Canada is an important provision that ensures that anti-terrorism measures are subject to ongoing parliamentary scrutiny and debate. It represents a balance between protecting national security and safeguarding civil liberties and democratic values.
COMMENTARY
Section 83.32(1) of the Criminal Code of Canada is a provision that outlines the expiry of certain national security measures that were introduced by the government in response to the threat of terrorism. The provision states that Sections 83.28, 83.29 and 83.3 will cease to have effect at the end of the 15th sitting day of Parliament following the fifth anniversary of the coming into force of this subsection. These sections allow for the arrest and detention of individuals suspected of terrorism-related offenses, the preventive arrest of individuals believed to be a threat to national security, and the imposition of control orders and peace bonds on those deemed a risk to public safety. The expiry provision is significant for several reasons. First, it recognizes the importance of periodically reviewing national security measures to ensure that they remain necessary, effective, and consistent with Canadian values and the Charter of Rights and Freedoms. Second, it places a responsibility on Parliament to actively engage in the oversight of national security measures and to ensure that they do not become permanent or overly intrusive. Third, it creates a mechanism for the public to hold their elected representatives accountable for decisions made about national security policy. The provision also sets out a process for extending the operation of the three sections beyond the 15th sitting day of Parliament following the fifth anniversary of the coming into force of this subsection. The extension requires the passing of a resolution by both Houses of Parliament in accordance with the rules set out in subsection (3), which requires notice of the resolution to be given to each House and for the resolution to be debated and voted on separately in each House. The expiry provision reflects a delicate balance between the need for national security measures to protect Canadians from threats of terrorism and the need to safeguard civil liberties and democratic values. The provision acknowledges that national security measures should not be immune from scrutiny or review and that they require regular oversight to ensure that they continue to serve their intended purpose and do not infringe on individual rights and freedoms. However, the provision has also been subject to criticism. Some argue that the five-year period before the sections expire is too short and does not provide enough time for effective evaluation and review. Others argue that the decision about whether to extend the sections should not be left to a vote in Parliament, but rather to an independent oversight body or court. Some also suggest that the provision does not go far enough in protecting civil liberties and that national security measures should be subject to greater scrutiny and transparency. In conclusion, Section 83.32(1) of the Criminal Code of Canada is a significant provision that speaks to the importance of balancing national security and civil liberties. The expiry provision recognizes the need for oversight and periodic review of national security measures and places a responsibility on Parliament to ensure that such measures do not become permanent or overly intrusive. While the provision has its limitations, it reflects a commitment to democratic principles and the rule of law.
STRATEGY
Section 83.32(1) of the Criminal Code of Canada poses several strategic considerations for those dealing with its provisions. Specifically, the section outlines a sunset provision for Sections 83.28, 83.29, and 83.3. This means that these sections will cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection unless they are extended by resolution. To ensure the continued operation of Sections 83.28, 83.29, and 83.3, several strategic considerations must be taken into account. These include the need to: 1. Build support: To extend the operation of these sections, supporters will need to build a strong coalition of allies to advocate for their extension. This may include working with sympathetic members of parliament, advocacy groups, legal experts, and other stakeholders. Strategies could include lobbying, hosting public forums, and creating social media campaigns. 2. Demonstrate the need: Supporters will need to demonstrate that these provisions are necessary for public safety and security. This could involve citing statistics and case studies, as well as providing examples of how these provisions have been used to prevent terrorism or other types of violent crime. 3. Address concerns: Opponents may raise concerns about the potential infringement on civil liberties and human rights posed by these provisions. Supporters will need to address these concerns head-on, demonstrating that these provisions are narrowly tailored to address specific threats and do not target individuals on the basis of race, religion, ethnicity, or other protected traits. 4. Timing: Given the sunset provision, supporters will need to be strategic in their timing. They will need to ensure that the resolution to extend the provisions is passed before the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of the subsection. This could involve engaging in awareness-raising campaigns well in advance of this date and ensuring that advocacy efforts are aligned with the Parliamentary calendar. 5. Find common ground: Supporters will need to work towards finding common ground with opponents and encouraging them to support the extension of these provisions. This could involve finding ways to address concerns raised by opponents, offering compromises, or finding areas of agreement. In conclusion, the extension of Sections 83.28, 83.29, and 83.3 is a complex and challenging issue that requires careful strategic planning. Building support, demonstrating the need, addressing concerns, timing, and finding common ground are all important considerations for those advocating for the extension of these provisions. Through careful planning, thoughtful engagement, and strategic advocacy, it is possible to ensure that these provisions are extended and continue to play an important role in protecting public safety and security in Canada.