INTRODUCTION AND BRIEF DESCRIPTION

Applicant may request judicial review of a decision within 60 days.

SECTION WORDING

83.05(5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

EXPLANATION

Section 83.05(5) of the Criminal Code of Canada outlines the right of an applicant to seek a judicial review of a decision made by the Minister of Public Safety and Emergency Preparedness in relation to a security certificate. A security certificate is a legal tool used by the Canadian government to detain and deport non-citizens suspected of involvement in terrorism or threats to national security. Once the Minister makes a decision on a security certificate, the applicant has 60 days to apply for a judicial review of the decision. During this judicial review, a judge will examine the decision made by the Minister to determine if it was reasonable and based on sufficient evidence. This section of the Criminal Code is crucial because it provides an avenue for applicants to challenge decisions made by the government that can have serious and long-lasting consequences, such as deportation or indefinite detention. The right to a fair and impartial review is an essential tenet in upholding civil liberties and protecting against government abuse of power. Overall, Section 83.05(5) serves as an important safeguard for individuals affected by security certificates, ensuring that their rights are upheld and that potential errors or biases in the decision-making process are challenged.

COMMENTARY

Section 83.05(5) of the Criminal Code of Canada outlines the right of an applicant to seek judicial review of a decision made by the Minister of Public Safety and Emergency Preparedness regarding their application to be removed from the list of designated terrorist entities. The provision allows an applicant to apply for judicial review within 60 days of receiving the notice of the decision. The importance of this provision lies in the fact that it provides applicants with an opportunity to challenge a decision made by the minister, who is responsible for designating terrorist entities under the Criminal Code. The process of designation is a serious matter, as it can lead to significant restrictions on the activities of individuals or organizations that are designated as terrorists. These restrictions may include freezing of assets, travel bans and other measures that can seriously impact the rights and freedoms of the designated entity. Therefore, the ability to seek judicial review of a decision regarding designation is crucial for ensuring that the process is fair and transparent. It provides a mechanism for individuals or organizations to challenge a decision that they believe was made in error or without proper consideration of the evidence presented. It also acts as a check on the power of the minister and ensures that the rights of the applicant are protected. The provision also reflects the principles of natural justice and procedural fairness. It recognizes that the decision of the minister can have significant consequences for the applicant and provides them with an opportunity to be heard before an impartial decision-maker. This is an important safeguard against arbitrary decisions or decisions that are not properly grounded in the evidence. Furthermore, the provision demonstrates that the Canadian legal system is committed to upholding the rule of law and protecting the rights of individuals, even in cases where they are suspected of involvement in terrorism. It recognizes that while terrorism is an extremely serious threat to public safety, it is important to ensure that the response to that threat does not infringe upon the fundamental rights and freedoms of Canadians. In conclusion, Section 83.05(5) of the Criminal Code of Canada is an important provision that provides applicants with the right to seek judicial review of a decision made by the minister regarding their application for removal from the list of designated terrorist entities. It is crucial for ensuring that the process of designation is fair and transparent, and for upholding the principles of natural justice and procedural fairness. It reflects the commitment of the Canadian legal system to protecting the rights and freedoms of individuals while also addressing the threat of terrorism.

STRATEGY

Section 83.05(5) of the Criminal Code of Canada is a crucial provision that allows applicants to challenge the decision of the Minister of Public Safety and Emergency Preparedness. The provision allows individuals to apply for judicial review within 60 days of receiving the notice of the decision. There are several strategic considerations when dealing with this section of the Criminal Code of Canada, which if not taken seriously, can greatly affect the outcome of an application for judicial review. The first strategic consideration is timing. It is crucial for applicants to apply for judicial review within the timeline provided, which is usually 60 days. This is because failure to file the application on time can lead to the automatic dismissal of the application. Applications filed outside the 60-day period will be met with extreme scrutiny, and the applicant must demonstrate why they have a valid reason for the delay. The second strategic consideration is the grounds for judicial review that an applicant can rely on when challenging the Minister's decision. The applicant must identify the appropriate standard of review and present the necessary evidence to support their claim. The applicant may rely on procedural fairness, natural justice, and reasonableness, among other grounds. It is advisable to consult a lawyer to determine the most appropriate ground on which to challenge the decision. The third strategic consideration is the choice of forum. Judicial review can be made to either the Federal Court or the Superior Court in the province or territory in which the applicant resides. The choice of forum can depend on various factors, including the complexity of the case and the availability of resources. It is also important to note that filing an application for judicial review does not stay the decision of the Minister. Thus, it is crucial to carefully consider the choice of forum and file the application as quickly as possible. The fourth strategic consideration is legal representation. It is advisable to hire a competent lawyer to assist with the application for judicial review. A lawyer can help to navigate the complex legal procedures and argue the case in court. A lawyer's presence can significantly increase the chances of success, especially where the issues are complex or where the applicant is not familiar with court procedures. Lastly, it is vital to have enough evidence to support the application for judicial review. The applicant must present all relevant evidence and ensure that it is compelling and persuasive. The burden of proof lies with the applicant, and failure to produce adequate evidence may cause the application to fail. In conclusion, Section 83.05(5) of the Criminal Code of Canada is an essential tool for applicants seeking redress for decisions made by the Minister of Public Safety and Emergency Preparedness. However, it is crucial to consider various strategic factors to increase the chances of success. These factors include timing, grounds for review, choice of forum, legal representation, and evidence. By taking these factors into account, applicants can mount a strong challenge to the Minister's decision.

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