INTRODUCTION AND BRIEF DESCRIPTION

The Minister must finish and publish a review within 120 days of commencement.

SECTION WORDING

83.05(10) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.

EXPLANATION

Section 83.05(10) of the Criminal Code of Canada pertains to the review process of certain provisions related to terrorism offences. The Minister assigned to the review shall complete such a review as quickly as possible, but most importantly, not beyond 120 days after the review commences. Once done, the Minister must cause a notice to be published in the Canada Gazette immediately, informing the public that the review is completed. The Code authorizes the review of the relevant sections every three years after their enactment. These reviews ensure that the provisions continue to be necessary and appropriate to address the perceived threats to national security and public safety. During the review process, the Minister examines current trends in global terrorism activities, evaluates the effectiveness of the provisions, and consults with relevant stakeholders. The timeliness required for the review and the need for the immediate public notification are to ensure the transparency of the process and provide assurance to the public that the provisions reflect the current threat level and are not impeding civil liberties unnecessarily. It prevents the possibility of the government ignoring or stalling reviews of provisions that could unduly limit individual rights under the guise of national security and terrorism deterrence. The section further requires that the Minister consult with any person, organization or government, externally or internally, that she or he believes can provide relevant information or aid in carrying out the review's objectives. Consultations with knowledgeable parties, such as civil liberties experts, law-enforcement professionals, or community welfare representatives, help ensure that the Minister has the necessary information to make informed and balanced decisions on the provisions' future.

COMMENTARY

Section 83.05(10) of the Criminal Code of Canada is a provision that outlines the timeline by which the Minister must conduct a review of any particular listed entity that has been designated as a terrorist organization by the Canadian government. This provision highlights the importance of timely and efficient action in matters of national security and counter-terrorism, while also providing transparency and accountability through the publication of a notice in the Canada Gazette when the review has been completed. The purpose of this section ultimately is to ensure that the Minister responsible for public safety is completing reviews of listed entities within a reasonable timeframe. This is particularly important in the context of counter-terrorism, where designated entities pose potential threats to Canadian national security. As such, the Minister must act swiftly to assess the nature and level of risk posed by these groups and to determine whether they should remain on the list of designated entities. Under Section 83.05(10), the Minister is required to complete the review no later than 120 days after its commencement. This timeframe allows the government to be responsive and agile in its decision-making, while still providing the necessary time to conduct a thorough and comprehensive review. With clear deadlines, the Minister is held accountable for his or her work and cannot prolong the review unnecessarily. Once the review is complete, the Minister must publish a notice in the Canada Gazette to inform the public that the review has been completed. This requirement of transparency ensures that Canadian citizens are kept informed about the government's activities in matters of national security and counter-terrorism. This is particularly important when it comes to the decision-making process around listed entities, as the public has a right to be informed about how and why certain groups are designated as terrorist organizations. Overall, Section 83.05(10) is an important provision that helps ensure that the Minister responsible for public safety is completing reviews of listed entities in a timely and accountable manner. This provision allows the government to act quickly in response to national security threats while also maintaining transparency and accountability.

STRATEGY

Section 83.05(10) of the Criminal Code of Canada outlines an important provision regarding the review of the security certificate process. This section stipulates that the Minister responsible shall complete the review promptly and publish notice of its completion without delay. Strategic considerations are essential to ensure that the review is conducted effectively, efficiently, and transparently. In this essay, I will discuss various strategic considerations to take into account when dealing with this provision of the Criminal Code. Moreover, I will offer some strategies that can be adopted to enhance the review process. One strategic consideration is to ensure that the review is conducted within the stipulated timeline of no later than 120 days after its commencement. This is crucial because if the review process exceeds the deadline, it could lead to delays and unjustifiable detention of individuals who are subject to the security certificate process. As such, it is imperative to commence the review within a reasonable timeframe to allow sufficient time for completion within the 120-day deadline. Another strategic consideration is to ensure that the review process is conducted fairly and impartially. The review must be free from bias, political interference or influence, racism, and discrimination. To achieve this objective, the review process should be conducted by an independent body or agency that has no direct interest or involvement in the security certificate process. This will help to foster public confidence in the review process, and ensure that it is seen as legitimate, credible, and reliable. Moreover, it is essential to ensure that the review process is conducted transparently. This means making the process open and accessible to the public, including the media, human rights organizations, and interested individuals. To guarantee transparency, the review process should be conducted in a manner that allows for public participation, public input and feedback, and public reporting and disclosure of findings. This will help to enhance public trust and confidence in the security certificate process and the government's commitment to human rights and due process. Furthermore, it is critical to ensure that the review process is conducted efficiently and effectively. This means identifying areas that require improvement, streamlining procedures, and adopting new technologies where necessary. This will help to reduce costs, simplify processes, and enhance the quality and impact of the review process. Moreover, the review process should be conducted using evidence-based approaches that rely on reliable and verifiable data and information. Some strategies that can be adopted to enhance the review process include engaging stakeholders, including the media, human rights organizations, and affected individuals. This will enable them to provide input and feedback in the review process, and help to identify areas that require improvement. Additionally, the use of technology, including artificial intelligence, can enhance the efficiency and effectiveness of the review process. Furthermore, the development of standard operating procedures, checklists, and guidelines can help to ensure consistency and quality in the review process. In summary, the review of the security certificate process is an essential component of ensuring human rights and due process are upheld in Canada. Section 83.05(10) of the Criminal Code of Canada plays a critical role in regulating this process. Strategic considerations such as fairness, impartiality, transparency, efficiency, and effectiveness are crucial to ensuring that the review process is effective. Strategies such as stakeholder engagement, technology adoption, and standard operating procedures can enhance the review process.