Criminal Code of Canada - section 83.05(4) - Notice of the decision to the applicant

section 83.05(4)

INTRODUCTION AND BRIEF DESCRIPTION

The Minister is required to promptly inform the applicant of any decision made regarding their application.

SECTION WORDING

83.05(4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

EXPLANATION

Section 83.05(4) of the Criminal Code of Canada is a provision that lays out the requirements regarding notice for any decision made or deemed to have been made relating to an application under subsection (2). This subsection pertains to an application made by an individual to a judge in order to challenge the constitutionality of provisions of the Anti-Terrorism Act, 2015. According to this section, if the Minister responsible for the activities related to the application receives notice of a decision, they must inform the applicant of that decision promptly. This notice must be given without any unnecessary delay, allowing the applicant to be informed about any decisions related to their application. The purpose of section 83.05(4) is to ensure that the applicant is informed about any decision that is taken in respect of their application. This helps to uphold the principle of natural justice, as the applicant has a right to be heard and informed about any decisions that may impact their case. Additionally, it helps to ensure that the legal process is fair and transparent for all parties involved. Overall, section 83.05(4) is an important provision that helps to preserve the integrity of the legal process by ensuring that all parties involved are kept informed about decisions related to their case. It serves to ensure fairness and a balanced approach to resolving legal disputes, which is critical for maintaining public trust in the justice system.

COMMENTARY

Section 83.05(4) of the Criminal Code of Canada mandates that the Minister must provide a timely notice to the applicant about any decision made or deemed to have been taken regarding their application under subsection (2) of the same section. This provision plays a crucial role in ensuring that the applicant is informed of the progress of their application and the outcome of their request for a criminal record suspension. Section 83.05 deals with the process of applying for a criminal record suspension, which is also known as a pardon in Canada. This provision allows individuals with a criminal record to apply for a suspension of their conviction after a certain period to restore their dignity and integrate back into society. A criminal record suspension provides an opportunity for people who have made a mistake in the past to have a fresh start with their lives and employment prospects. The requirement that the Minister must provide prompt notice to the applicant ensures transparency and accountability in the process of reviewing applications for criminal record suspensions. It also serves to promote trust and confidence in the administration of justice and the government. In practice, the processing of criminal record suspension applications can take several months, if not years. During this period, applicants are often anxious and uncertain about the progress of their applications. The mandatory notice provision provides a measure of reassurance to applicants that their application is being considered and that they will receive a notice when a decision is made. The notice provision also ensures that the applicant has an opportunity to seek legal advice or take any necessary steps in response to the decision made. For instance, if the application is denied, the applicant may want to appeal the decision or take other steps to improve their chances of a successful application in the future. In conclusion, Section 83.05(4) of the Criminal Code of Canada is an essential provision that ensures transparency and accountability in the process of reviewing applications for criminal record suspension. The prompt notice provision reassures applicants and promotes trust and confidence in the administration of justice and the government. It also provides applicants with an opportunity to take appropriate steps in response to a decision made regarding their application.

STRATEGY

Section 83.05(4) of the Criminal Code of Canada requires the Minister to give notice without delay to the applicant regarding any decision taken or deemed to have been taken concerning the application. This provision is crucial as it ensures transparency and accountability, and protects human rights. When dealing with this section, a number of strategic considerations must be taken into account. These include: 1. Timeliness: Given that this section requires the Minister to notify the applicant without delay, practitioners must ensure they adhere to this standard, and consider the time-sensitive nature of the notification. Delays in communication can lead to adverse effects and create unnecessary anxieties for the applicant. 2. Communication: Practitioners must appreciate the significance of effective communication. It is paramount that the notice given to the applicant is clear, concise, and in plain language. The use of legal jargon may cause confusion and misunderstanding for the applicant and may be construed as a deliberate attempt to obfuscate the decision-making process. 3. Compliance: Practitioners must ensure they adhere to the laws and regulations underlying Section 83.05(4). This is to prevent any potential legal challenges from the applicant regarding notification and decision-making processes, or claims of unfairness or discriminatory practices. 4. Due diligence: Practitioners must conduct due diligence when making decisions to avoid any potential errors or oversights that may lead to challenges regarding the notification process. Diligent decision-making minimizes legal risks and ensures that the proper procedures and protocols are followed. To comply with Section 83.05(4) of the Criminal Code, practitioners may consider employing the following strategies: 1. Establishing clear timelines for notifications. 2. Ensuring effective communication to the applicant 3. Maintaining transparency by providing the applicant with reasons for their decision or lack thereof. 4. Consistently following due diligence when making decisions. 5. Use of reliable and secure communication methods. In conclusion, practitioners must be aware of section 83.05(4) of the Criminal Code of Canada requirements and consider the strategic considerations involved in notifying the applicant of any decision taken or deemed to have been taken concerning their application. Delays in communication can adversely affect the applicant, cause confusion, and create unnecessary anxieties. Practitioners should employ strategies that ensure compliance, due diligence, effective communication, and transparency. By doing so, they will be able to mitigate potential legal risks and ensure the efficient operation of the notice and decision-making processes.