section 117.05(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that sections 113 to 117 apply to every order made under subsection (4).

SECTION WORDING

117.05(6) Sections 113 to 117 apply in respect of every order made under subsection (4).

EXPLANATION

Section 117.05(6) of the Criminal Code of Canada relates to orders under subsection (4) of section 117.05. This subsection provides for the imposition of a recognizance order against an individual who is believed to be likely to commit a terrorism offense. This recognizance order is used to monitor and restrict the activities of that individual, with the ultimate goal of preventing any potential terrorist acts from taking place. Section 117.05(6) establishes that sections 113 to 117 of the Criminal Code apply in respect of every order made under subsection (4). These sections outline the various conditions and requirements that can be imposed on an individual as part of a recognizance order. For example, a person subject to a recognizance order may be required to surrender their passport, report to a designated officer on a regular basis, or avoid contact with certain individuals. By specifying that these sections apply to all orders made under subsection (4) of section 117.05, the Criminal Code ensures that the necessary tools are in place to effectively monitor and restrict the activities of individuals who pose a potential terrorism threat. This provision also serves to remind law enforcement officers and the courts of the full range of options available to them when considering the conditions to be imposed as part of a recognizance order. Overall, Section 117.05(6) plays an important role in ensuring that Canada's legal framework for combatting terrorism is robust and effective, while also respecting the fundamental rights and freedoms of all individuals.

COMMENTARY

Section 117.05(6) of the Criminal Code of Canada is a provision that grants the authority to impose certain measures upon anyone who is found to belong to a terrorist group or who participates in terrorist activities. It is a part of the broader Anti-Terrorism Act, which was created in 2001 and aimed to equip law enforcement with tools that would help them prevent terrorism. The section states that Sections 113 to 117 of the Criminal Code apply to every order that is made under subsection (4). This refers to the provision that allows the court to issue a recognizance with conditions or a peace bond to individuals who are suspected of engaging in terrorist activities or belong to a terrorist organization. In other words, if an order is issued by the court under subsection (4), the same provisions and rules that apply to other criminal cases and law enforcement procedures will apply to the individual involved. To understand the significance of this provision, it is essential to comprehend the broader context in which it was developed. As mentioned, the Anti-Terrorism Act was introduced in response to the 9/11 attacks and aimed to prevent similar acts of terrorism in Canada. The Act included several measures that some critics argued went beyond what was necessary to protect Canadians from terrorism and encroached on civil liberties. Among these measures were provisions that allowed for preventative detention and peace bonds. Section 117.05, in particular, is related to the peace bond provision and is an important safeguard for individuals who may be affected by it. A peace bond is a court order that requires the individual to follow certain conditions, such as not associating with specific individuals or staying within a particular geographic region. The peace bond may be issued for up to 12 months and can be extended if there is evidence that the individual continues to pose a risk. The aim of the peace bond is to protect the public and prevent terrorist activity, but it is important to note that it only applies to individuals who have not been tried or convicted of a crime related to terrorism. Section 117.05(6) is significant because it clarifies that the rules and procedures that apply to other criminal cases also apply to individuals who are subject to a peace bond under subsection (4). This means that individuals are entitled to the same presumption of innocence, the right to legal representation, and the right to a fair trial. It also means that the court must prove that the individual poses a risk to the public and that the conditions in the peace bond are necessary to protect the community. Furthermore, the fact that Sections 113 to 117 of the Criminal Code apply to every order made under subsection (4) provides a level of transparency and accountability. The provisions outline the rules and procedures that are required to be followed, which means that law enforcement and the courts must follow due process to ensure that individuals' rights are protected. In conclusion, Section 117.05(6) of the Criminal Code of Canada is an important provision that ensures that the rights of individuals who are suspected of engaging in terrorist activities or belonging to a terrorist organization are protected. By stating that Sections 113 to 117 of the Criminal Code applies to every order made under subsection (4), the provision ensures that individuals are entitled to the same rights and protections as other criminal defendants. This is an essential safeguard against the erosion of civil liberties and ensures that the justice system remains fair and just.

STRATEGY

Section 117.05(6) of the Criminal Code of Canada outlines the application of Sections 113 to 117 in the context of orders made under subsection 4. This section is part of Canada's national security provisions, which allow the government to take measures to protect the country from threats and ensure public safety. The application of this section raises several strategic considerations that must be taken into account when dealing with national security issues. One key consideration is the balance between national security and individual rights. The national security measures outlined in Section 117 may infringe upon individual rights, including freedom of expression, association, and assembly. It is essential to strike a balance between protecting national security and preserving individual rights. Strategies that could be employed in this regard include conducting regular assessments of the impact of national security measures on individual rights, developing a process for individuals to challenge national security measures, and establishing oversight mechanisms to ensure that measures are proportionate and necessary. Another significant consideration is the potential for abuse of national security measures. Section 117 grants broad powers to the government to take measures to protect national security, but these powers must be exercised judiciously to ensure that they are not misused. Strategies that could be employed in this regard include establishing clear criteria for the use of national security measures, requiring regular reporting and oversight of national security measures, and establishing a robust system of legal challenges and appeals. A third strategic consideration is the need for a comprehensive national security framework. National security threats are constantly evolving, and it is essential to have a comprehensive framework in place to ensure that measures are effective and appropriate. Strategies that could be employed in this regard include conducting regular assessments of national security threats, developing a comprehensive national security strategy that outlines the government's approach to addressing threats, and establishing a process for regular review and updating of the national security framework. In conclusion, Section 117.05(6) of the Criminal Code of Canada raises several strategic considerations that must be taken into account when dealing with national security issues. These considerations include the need to balance national security with individual rights, the potential for abuse of national security measures, and the need for a comprehensive national security framework. To address these considerations, strategies such as regular assessments, clear criteria, oversight mechanisms, and a robust system of legal challenges and appeals can be employed. Ultimately, a careful, considered approach to national security is essential to preserving both the safety and the rights of Canadians.