INTRODUCTION AND BRIEF DESCRIPTION
If sections 83.28 and 83.29 end, ongoing proceedings will continue if the hearing began before they were no longer in effect.
SECTION WORDING
83.33 (1) In the event that sections 83.28 and 83.29 cease to have effect in accordance with section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to have effect.
EXPLANATION
Section 83.33(1) of the Criminal Code of Canada outlines what happens in the event that sections 83.28 and 83.29 cease to have effect in accordance with section 83.32. These sections pertain to the ability of the government to designate an individual or group as a terrorist entity and to impose preventative measures on them. If these sections are no longer in effect, any proceedings commenced under them will be completed only if the hearing before the judge of the application made under subsection 83.28(2) began before these sections ceased to have effect. This means that if an application had been made under sections 83.28 and 83.29 before they were no longer in effect, and a hearing before a judge had begun, any ongoing proceedings would be allowed to continue until they were completed. However, if the hearing had not yet begun before these sections ceased to have effect, any further proceedings would be blocked. Section 83.33(1) ensures that the completion of ongoing proceedings will not be impacted by changes in the status of sections 83.28 and 83.29, but also prevents the initiation of new proceedings once these sections are no longer in effect. By limiting the scope of these sections to ongoing proceedings, the section helps to maintain consistency and stability in the legal system, ensuring that cases which have already begun are not halted or impacted by changes to the law.
COMMENTARY
Section 83.33(1) of the Criminal Code of Canada is a provision that deals with the effect of the expiration of sections 83.28 and 83.29 of the Criminal Code. These sections deal with the application for a peace bond or recognizance with conditions that can be sought by the police or any other victim, such as when the police suspect that someone is involved in terrorism or has terrorist motives. The peace bond or recognizance is a preventative measure that can be applied to someone who has not yet committed a terrorist activity, but who is thought to pose a potential risk for doing so. In this section, it is stated that when sections 83.28 and 83.29 cease to have effect in accordance with section 83.32, any proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to have effect. This means that if an application for a peace bond or recognizance with conditions was made before these sections expired, then the proceedings will continue even after the expiration of these sections. The expiration of section 83.28 and 83.29 was meant to be a limited-time arrangement that had been put in place after the 9/11 terrorist attacks in the United States. The federal government authorized the use of peace bonds and recognizance with conditions as preventative measures that can be taken against individuals suspected of terrorism offenses. One of the criticisms of these provisions was that they did not provide adequate safeguards to individuals who were subject to these measures. The provisions allowed for the imposition of conditions that could be very onerous and restrictive, such as house arrest without due process or trial. Critics argued that such measures violated the fundamental rights and freedoms guaranteed under the Canadian Charter of Rights and Freedoms. The concerns about the potential abuses of these provisions led to the introduction of Bill C-59, which included amendments to the provisions related to peace bonds and recognizance with conditions. One of the key changes proposed in the bill was the inclusion of more robust safeguards, including the requirement for a hearing before a judge to determine whether the conditions were necessary, proportional, and reasonable. The amendments also included the requirement for regular reviews of the peace bond or recognizance with conditions, with a view to lifting them if they were no longer necessary. The expiration of sections 83.28 and 83.29, and the provisions that relate to peace bonds and recognizance with conditions, is a significant development that has important implications for the fight against terrorism. While these provisions were introduced with the laudable goal of preventing terrorist activity, they also raised concerns about the potential for abuse and the infringement of individual rights and freedoms. The introduction of Bill C-59 and its proposed amendments indicate that the government has recognized the need to balance the imperatives of security with the protection of fundamental rights and freedoms. In conclusion, section 83.33(1) of the Criminal Code of Canada provides for the completion of proceedings commenced under sections 83.28 and 83.29 if the hearing before the judge of the application made under subsection 83.28(2) began before these sections ceased to have effect. The expiration of these provisions is an important development that highlights the need for a more robust framework for addressing the threat of terrorism while protecting fundamental rights and freedoms.
STRATEGY
Section 83.33(1) of the Criminal Code of Canada deals with the completion of proceedings under sections 83.28 and 83.29, which pertain to the preventative detention of individuals suspected of committing terrorism offences. The section comes into play if those provisions cease to have effect for any reason, such as if they are found to be unconstitutional or if they are repealed or amended. In such cases, any ongoing proceedings under those sections can still be completed if certain conditions are met. Given the serious nature of terrorism offences, it is important for parties involved in proceedings under sections 83.28 and 83.29 to consider various strategic considerations when dealing with section 83.33(1). Here are some key strategies that could be employed: 1. Monitor changes to the law: One important consideration when dealing with section 83.33(1) is to monitor any changes to the law that could affect the application of sections 83.28 and 83.29. This could involve keeping track of legislative developments, court decisions, and other relevant developments that could impact the viability of those provisions. 2. Plan for contingencies: It is also important to plan for contingencies in the event that sections 83.28 and 83.29 cease to have effect. For example, parties could consider whether to pursue alternate legal avenues for detention or prosecution, or whether to seek a stay of proceedings until the legal landscape becomes clearer. 3. Prepare for hearings: If a hearing is underway under section 83.28(2) when the provisions cease to have effect, parties must ensure that they are prepared to complete the hearing as quickly and efficiently as possible. This could involve reviewing relevant evidence, ensuring that witnesses are available, and preparing arguments and submissions. 4. Consider public perceptions: Given the sensitivity of terrorism offences, parties involved in proceedings under sections 83.28 and 83.29 may also need to consider public perceptions and reactions to the ongoing litigation. This could involve engaging in public outreach, media relations, and other strategies that can help to shape the narrative and ensure that the proceedings are viewed as fair and just. 5. Seek legal guidance: Finally, parties may need to seek legal guidance to navigate the complexities of section 83.33(1) and the surrounding legal landscape. This could involve consulting with experienced legal counsel, reviewing relevant case law, and seeking guidance from experts in the field of terrorism law. In conclusion, section 83.33(1) of the Criminal Code of Canada presents several strategic considerations for parties involved in proceedings under sections 83.28 and 83.29. By monitoring changes to the legal landscape, planning for contingencies, preparing for hearings, considering public perceptions, and seeking legal guidance, parties can navigate this complex area of the law and ensure that justice is served.