Criminal Code of Canada - section 83.33(2) - Transitional Provision Section 83.3

section 83.33(2)

INTRODUCTION AND BRIEF DESCRIPTION

People detained under section 83.3 will be released when it ceases to have effect, except for those who were taken before a judge under subsection 83.3(6) before it ceased to have effect.

SECTION WORDING

83.33(2) In the event that section 83.3 ceases to have effect in accordance with section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to have effect, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to have effect. 2001, c. 41, s. 4; 2013, c. 9, s. 13.

EXPLANATION

Section 83.33(2) of the Criminal Code of Canada lays out the requirements for the release of individuals who have been detained under section 83.3 of the Code in the event that this section ceases to have effect under section 83.32. Individuals who have been detained under section 83.3 are those who have been reasonably suspected of being involved in terrorist activities or who pose a threat to national security. Section 83.3 allows law enforcement agencies to take preventive measures against such individuals to ensure public safety and prevent acts of terror. Section 83.33(2) provides that once section 83.3 ceases to have effect, the individuals detained under this section must be released, unless they have been taken before a judge under subsection 83.3(6) before the section ceased to have effect. If an individual has been taken before a judge before section 83.3 ceased to have effect, subsections 83.3(7) to (14) will continue to apply to them. These subsections provide for the procedures that must be followed while detaining an individual under the section, including periodic review of their detention, the right to counsel, and the right to be informed of the reasons for their detention. In summary, section 83.33(2) sets out the requirements for the release of individuals detained under section 83.3 if it ceases to have effect and ensures that their rights are protected under the Criminal Code of Canada.

COMMENTARY

Section 83.33(2) of the Criminal Code of Canada deals with the release of a person who has been detained under Section 83.3. This section comes into effect when Section 83.3 ceases to have effect in accordance with Section 83.32. The purpose of this section is to ensure that the person detained under Section 83.3 is released upon the cessation of that section's effect. Section 83.3 of the Criminal Code of Canada deals with arrest without warrant and detention of a person who is suspected of engaging in terrorist activities. This section is enacted when there is a reasonable suspicion that a person has or is about to engage in terrorist activity. The section allows a peace officer to arrest a person without a warrant and detain him or her for up to three days without charge. However, if Section 83.3 ceases to have effect in accordance with Section 83.32, a person detained under Section 83.3 shall be released. This means that the individual will no longer be held in custody unless the person was taken before a judge under subsection 83.3(6) before Section 83.3 ceased to have effect. Subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before Section 83.3 ceased to have effect. These subsections deal with the powers of the judge when a person is presented before him or her, including the power to release the person on reasonable terms and conditions. The purpose of Section 83.33(2) is to ensure that the detention of a person under Section 83.3 does not continue indefinitely. It provides the necessary safeguard to protect the liberty of an individual who has been detained under Section 83.3. This section ensures that the person detained is released when Section 83.3 ceases to have effect unless certain circumstances apply. The inclusion of this section in the Criminal Code of Canada reflects the importance of protecting the fundamental rights and freedoms of all individuals, even those suspected of engaging in terrorist activities. The significance of this section is in aligning the state's need for security with the fundamental values of a democratic society. In conclusion, Section 83.33(2) of the Criminal Code of Canada ensures that the detention of a person under Section 83.3 does not continue indefinitely. It provides the necessary safeguard to protect the liberty of an individual who has been detained under Section 83.3. This section is a reflection of the importance of protecting fundamental rights and freedoms in a democratic society.

STRATEGY

Section 83.33(2) of the Criminal Code of Canada touches on a very complex issue related to national security and how it should be handled under the law. The section refers to the detention of individuals under section 83.3, which allows for preventative arrest in situations where there are reasonable grounds to believe that a terrorist offence might occur. This section is controversial, as it gives law enforcement agencies greater power to arrest and detain individuals without charge or trial. As such, there are several strategic considerations that must be weighed when dealing with this section of the Criminal Code of Canada. First and foremost, the inherent tension between civil liberties and national security must be addressed. Detaining individuals without charge or trial is a serious infringement on their rights and freedoms, and any strategy must ensure that these issues are taken into account. It is important to ensure that law enforcement officials are not abusing their powers and that any preventative detention is within the bounds of the law. Secondly, strategies must be developed to ensure that the criteria for detention are clearly defined and communicated to the public. There is a risk that detention may become arbitrary and capricious, leading to the detention of innocent individuals. Strategies that incorporate clear and transparent criteria for detention are more likely to instill greater confidence in the system and reduce the risk of abuse of power. Thirdly, strategies must be developed to ensure that individuals detained under this section of the Criminal Code of Canada are adequately protected. This can include providing legal representation and access to medical care, as well as ensuring that they are not subject to mistreatment or torture. Any strategy must take into account the potential for abuse of power and ensure that individuals are treated with respect and dignity. Finally, strategies must be developed to ensure that any preventative detention is effective and necessary. There is a risk that detention may be too broad or not targeted enough, which can lead to the detention of individuals who do not pose a genuine threat to national security. Strategies that incorporate thorough monitoring and assessment mechanisms are more likely to ensure that detention is effective and necessary. In terms of specific strategies that could be employed, one approach may be to involve civil society groups and the public in the development and implementation of detention policies. This can increase transparency and accountability, as well as reduce the risk of abuse of power. Another approach may be to create an independent oversight body that can review and assess the use of preventative detention. This can increase confidence in the system and ensure that detention is only used when necessary and in accordance with the law. Finally, strategies can be developed to provide training and support to law enforcement officials involved in preventative detention. This can ensure that they are aware of their responsibilities and the potential for abuse of power, as well as provide them with the necessary tools to carry out their duties effectively. Overall, any strategy related to section 83.33(2) of the Criminal Code of Canada must balance the need for national security with individual rights and freedoms. It must also be grounded in transparency, accountability, and respect for human dignity. Only then can it be an effective tool for preventing terrorist activities while safeguarding the rights and freedoms of individuals.