Criminal Code of Canada - section 195(4) - Report to be laid before Parliament

section 195(4)

INTRODUCTION AND BRIEF DESCRIPTION

The Minister must present a report to Parliament within 15 days of completing it.

SECTION WORDING

195(4) The Minister of Public Safety and Emergency Preparedness shall cause a copy of each report prepared by him under subsection(1) to be laid before Parliament forthwith on completion thereof, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

EXPLANATION

Section 195(4) of the Criminal Code of Canada is a provision that requires the Minister of Public Safety and Emergency Preparedness to submit a report to Parliament for each report he prepares under subsection (1) of the same section. This report must be laid before Parliament as soon as it is completed, or if Parliament is not in session, within the first 15 days of its next sitting. Section (1) outlines the circumstances that warrant the preparation of a report by the Minister of Public Safety and Emergency Preparedness. Specifically, the Minister is required to prepare a report when any new or expanded national security legislation is introduced that would authorize the collection of information or intelligence on Canadians. The report must identify the legislation, specify the information to be collected, and provide an assessment of the impact on the privacy of individuals. The timing of the laying of the report before Parliament is important because it ensures that Members of Parliament are made aware of the implications of any new or expanded national security legislation that is proposed. This provision ensures that Parliament has the opportunity to scrutinize new or expanded measures that may have an impact on privacy and ensure that appropriate safeguards are in place. By laying the report before Parliament, the government is held accountable for the decisions it makes, and the public is aware of what legislation is being considered and the potential impact it may have on their privacy.

COMMENTARY

Section 195(4) of the Criminal Code of Canada establishes a reporting mechanism for the Minister of Public Safety and Emergency Preparedness, in relation to any activity related to terrorism or threat thereof. This section outlines that any report prepared by the Minister under subsection (1) must be promptly presented to the Canadian Parliament on its completion. In case the Parliament is not in session while the report is finalized, it must be presented within the first fifteen days when the Parliament is next in session. The goal of this section is to ensure transparency and accountability in the government's activities relating to the prevention and response to terrorism in Canada. By mandating the Minister to submit a copy of each report, Parliament can stay informed about surveillance activities, anti-terrorism operations, and intelligence gathering initiatives that the government is currently engaged in. Reports also provide an opportunity to audit and assess how well Canada's policies on anti-terrorism and national security are functioning. At the same time, Section 195(4) increases the level of scrutiny on the government by requiring that any reports be laid forthwith, ensuring Parliament receives updates as recent as possible. This prevents delays or evidence of government inactivity or a lack of attention to ongoing terrorism issues. This section assures that the government honors the basic democratic tenets of transparency and accountability. In addition, it empowers Parliament to play an active role in shaping the government's approach to national security and counter-terrorism. Through rigorous monitoring of the reports, members of Parliament can identify any inconsistencies or potential breaches of human rights or legal provisions governing the government's fight against terrorism. From the perspective of the public, Section 195(4) instills confidence in the government's commitment to address terrorism and potential terror threats. Transparency and accountability reforms of this nature are fundamental to safeguarding democracy and the rule of law in Canada. In conclusion, Section 195(4) of the Criminal Code of Canada serves as an essential reporting mechanism, mandating the Minister of Public Safety and Emergency Preparedness to submit progress reports on anti-terrorism efforts and measures to Parliament. Its benefits in accountability, transparency, and democratic principles are crucial to the safe and effective functioning of governance in Canada.

STRATEGY

Section 195(4) of the Criminal Code of Canada mandates the Minister of Public Safety and Emergency Preparedness to deliver a report to the Parliament on completion of investigations in the prescribed manner. The delivery of the report is not just an administrative task but has significant strategic implications for the government and other parties involved in the matter. One of the key strategic considerations when dealing with this section of the Criminal Code is managing the optics and public perception of the matter. The report's contents and timing of the delivery can be used to shape or influence how the public perceives the issue in question. A government can use the report to showcase its competence and transparency in handling sensitive issues such as the investigations of criminal activities by government officials, organizations or in public institutions. Another strategic consideration is the contents of the report and the message it sends to the stakeholders involved. The report's findings, conclusions, and recommendations often set the tone for future actions by the stakeholders, including the government and public institutions. Depending on the contents of the report, the stakeholders can either be satisfied and convinced by the government's actions or raise more concerns and questions requiring further actions to be taken. The timing of the report's delivery is another critical strategic consideration. The government and involved stakeholders must consider the most opportune time to deliver the report to Parliament, taking into account potential impacts on public opinion and political consequences. For example, if reports of criminal activities arise during an election season, the government's response and delivery of the report can impact election results. Some strategies that could be employed to navigate and maximize the potential benefits of Section 195(4) of the Criminal Code include proper planning, consultation and coordination with relevant stakeholders, and managing public perception. Thoroughly reviewing the facts and circumstances of the matter in question, consulting with relevant authorities, and formulating a clear and consistent message for stakeholders as well as delivering the report in a timely and appropriate manner can serve to influence public opinion positively and mitigate any potential reputational damage. Transparency is also an important strategy to consider when responding to this section of the Criminal Code. Public confidence in government institutions is partly driven by the extent to which decisions made align with the principles of transparency and accountability. Providing full disclosure in reports and avoiding attempts to conceal or manipulate information can help maintain or improve the public's trust in government representatives. In conclusion, section 195(4) of the Criminal Code mandates the delivery of a report to Parliament, which can significantly impact the involved stakeholders and public perception. The report's content and delivery method, timing, and strategic considerations should be carefully analyzed to ensure that the delivery of the report aligns with the overarching objectives of the government and relevant stakeholders.