INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for a listed entity to request to be removed from the list.
SECTION WORDING
83.05(2) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.
EXPLANATION
Section 83.05(2) of the Criminal Code of Canada outlines the process for a listed entity to apply to be removed from the list. A listed entity is an individual or organization that has been designated as a terrorist by the Canadian government. A listed entity can make an application in writing to the Minister responsible for public safety. The Minister will then review the application and determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be considered a listed entity. The decision to remove an entity from the list is not taken lightly and is only made if the Minister determines that the individual or organization no longer poses a threat to Canada's national security. The Governor in Council, acting on the Minister's recommendation, may then remove the entity from the list. It is important to note that being a listed entity has serious consequences, including restrictions on travel and financial activities, so it is in the best interest of those seeking to be removed from the list to provide clear and convincing evidence that they no longer pose a threat. In summary, Section 83.05(2) provides a process for listed entities to apply to be removed from the list if they can provide evidence that they no longer pose a threat to Canada's national security.
COMMENTARY
Section 83.05(2) of the Criminal Code of Canada is a crucial aspect of the country's counterterrorism efforts. The provision deals with the delisting procedure of entities that have been designated as terrorists under the anti-terrorism laws. The Canadian government has made it a top priority to counter the threat of terrorism, and the Criminal Code provisions are an integral tool in achieving that aim. The provision allows a designated entity to apply to the designated Minister in writing to be removed from the list of terrorist entities. Once the application is received, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the entity be removed from the list. Factors such as the entity's behavior since being listed, the threat the entity poses to Canada or its allies, and other relevant information may be taken into consideration. This provision is a necessary check and balance for the Canadian government's power to designate entities as terrorists. Without this provision, the government's power would be unlimited and could lead to misuse. The provision provides an opportunity for entities to have a fair chance at being delisted and no longer deemed a security threat. The delisting provision is also consistent with international law and Canadian values of due process and fairness. The UN Security Council Resolutions provide for the possibility of removing an entity from the list based on the same criteria mentioned in section 83.05(2). Furthermore, the delisting provision ensures that the Canadian government is held accountable for its actions and ensures that Canadians' rights are protected, including the right to a fair hearing and an impartial decision-maker. However, it is essential to note that the delisting process can be long and challenging at times. Listed entities that pursue the process must navigate a complex legal framework, and their application may take years to process. Furthermore, the entities must satisfy the criteria of the government, which may be a difficult burden to prove. In conclusion, section 83.05(2) of the Criminal Code of Canada is a necessary provision that balances Canada's security interests with due process and fairness. The provision ensures that entities designated as terrorists have a fair chance of being removed from the list once they meet the criteria set by the government. However, the process can be complex, and entities seeking delisting must be prepared for a long and costly legal battle. Despite these challenges, the provision is a necessary tool in the fight against terrorism and is consistent with Canadian values.
STRATEGY
Section 83.05(2) of the Criminal Code of Canada provides procedures for a delisting application by a prescribed entity. This section is crucial as it grants the Minister of Public Safety and Emergency Preparedness the authority to recommend whether the prescribed entity should be removed from the list of entities with ties to terrorism. The process of delisting entities is a critical component of Canada's legal framework for addressing terrorism. However, delisting an entity requires strategic considerations that can impact its outcomes. In this essay, we will discuss some of the strategic considerations and strategies that can be employed to address Section 83.05(2) of the Criminal Code of Canada. One of the strategic considerations when dealing with Section 83.05(2) is the impact of national security. The Minister of Public Safety and Emergency Preparedness is responsible for ensuring the safety and security of Canadians. When a delisting application is made, the Minister must assess whether the applicant is no longer associated with terrorism or poses a threat to national security. Thus, the Minister must carefully consider the evidence presented in the application and any other credible intelligence assessments regarding the applicant. Therefore, a strategy that can be employed is to provide ample evidence demonstrating that the prescribed entity has no current or future connection to terrorist activities. An application that contains persuasive and verifiable evidence can increase the likelihood of approval. Another strategic consideration when dealing with Section 83.05(2) is the transparency and accountability of the application process. Canada's system of delisting entities must be transparent and accountable to ensure the public's trust in the process. Applicants must provide comprehensive information regarding their association with terrorist activities, and the evidence must be examined thoroughly by public safety officials. Moreover, the Minister must ensure that all the right procedures and criteria guiding the process are adhered to. A strategy that can be employed is to provide a comprehensive application that is clear, precise, and verifiable. The application should demonstrate how the entity has met the criteria for delisting and its commitment to preventing future terrorist activities. Another strategic consideration when dealing with Section 83.05(2) is the implications of international relations. Canada usually collaborates with other countries in its fight against terrorism. Delisting a prescribed entity will have significant implications for such international relations. The delisting of individuals or groups who are of interest to other states can potentially impact diplomatic ties, trade relations, and other multilateral issues. Therefore, a strategy that can be employed is to engage in diplomatic cooperation with other countries involved in the fight against terrorism. It is crucial to have a mutual understanding that delisting a specific entity will not compromise ongoing counter-terrorism efforts. In conclusion, Section 83.05(2) of the Criminal Code of Canada is a critical legal provision that helps to address terrorism in Canada. However, delisting an entity requires careful strategic considerations. Strategic considerations such as national security, transparency, accountability, and international relations can impact the outcome of the application. Therefore, strategies such as providing ample evidence, engaging in diplomatic cooperation, and ensuring transparency and accountability can enhance the success rate of the application. By adhering to these strategies, the Minister can make informed decisions that advance Canada's security interests while respecting human rights and the rule of law.
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