section 83.05(7)

INTRODUCTION AND BRIEF DESCRIPTION

The Minister must publish in the Canada Gazette when a court decides an applicant should no longer be a listed entity.

SECTION WORDING

83.05(7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

EXPLANATION

Section 83.05(7) of the Criminal Code of Canada outlines the obligations of the Minister with regards to publishing notices related to final court orders that remove individuals or entities from the national list of terrorist organizations. Under this section, once a final order is issued by a court that an applicant is no longer considered a listed entity, the Minister is required to publish a notice of this decision in the Canada Gazette without delay. This provision is an important aspect in ensuring that the public is aware of updates to the list of designated terrorist entities and individuals. The Canada Gazette is a widely distributed publication that provides information on official government announcements and regulations. By publishing the notice in this medium, the Ministry can help to ensure that the information is disseminated to a wide audience, including law enforcement agencies, businesses, and members of the public who may need to know whether or not an individual or organization is considered a listed entity. The purpose of maintaining a national list of terrorist entities is to identify and monitor persons and organizations that may pose a threat to the safety and security of Canadian citizens. Individuals or organizations on the list may be subject to a range of legal restrictions, including travel bans, financial sanctions, and asset seizures. As such, it is of utmost importance that the list is up-to-date and accurate, with individuals or entities removed when there is no longer evidence to suggest that they present a threat to national security. Section 83.05(7) helps to ensure that the list is kept as accurate as possible and that members of the public are informed of any changes. By publishing notices of court orders that remove individuals or entities from the list, the Ministry is able to maintain transparency and accountability in this important area of national security.

COMMENTARY

Section 83.05(7) of the Criminal Code of Canada mandates the Minister to publish a notice in the Canada Gazette when a final court order is issued that an individual or entity should no longer be included in the list of prescribed entities under the Anti-terrorism Act. This notice requirement is a crucial safeguard that ensures transparency and accountability in the process of listing and de-listing of entities suspected of involvement in terrorism. The Anti-terrorism Act was enacted by the Canadian government in response to the 9/11 attacks in the United States with a view to preventing similar acts of terrorism on Canadian soil. The Act authorizes the government to list individuals or entities that are suspected of terrorism activities, such as financing, supporting, or promoting it. The listed entities are subject to a range of restrictions, such as freezing of assets, travel bans, and prohibition from conducting financial transactions. However, the listing of entities often results in a significant infringement of their rights, such as freedom of association, movement, and access to justice. Therefore, it is essential to ensure that the delisting process is fair and transparent to avoid any potential miscarriage of justice. Section 83.05(7) of the Criminal Code of Canada aims to address this concern by mandating the Minister to publish a notice in the Canada Gazette when a final court order is issued that an individual or entity should no longer be included in the list of prescribed entities. This requirement ensures that the decision to de-list is open to public scrutiny, and there is a mechanism for review if there are any concerns. Moreover, the publication of the notice in the Canada Gazette serves as a notification to all interested parties, including financial institutions, law enforcement agencies, and the public, that the de-listing has been authorized through a court order. This notification is crucial to ensure that the individuals or entities that were previously subject to the restrictions are no longer considered to be associated with terrorist activities. It also provides assurance to financial institutions that they are no longer under any legal obligation to freeze the assets of the de-listed entity. In conclusion, Section 83.05(7) of the Criminal Code of Canada is a critical provision that ensures transparency, accountability, and due process in the delisting of entities suspected of terrorism activities. It sets out clear guidelines for the publication of a notice in the Canada Gazette when a final court order is issued that an individual or entity should no longer be included in the list of prescribed entities. The notice requirement serves as a safeguard against potential human rights violations and enhances public confidence in the Canadian justice system.

STRATEGY

Section 83.05(7) of the Criminal Code of Canada mandates that the Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity. This provision is significant as it outlines a strategic consideration for individuals and organizations that have been listed as terrorist entities under Canadian law. Being listed as a terrorist entity can pose significant challenges for individuals and organizations. It can result in restrictions on financial transactions, travel limitations, and reputational damage, among other things. Therefore, it is crucial to have a solid strategy in place that ensures swift removal from the list once the basis for having been placed on the list is no longer valid. One strategy that could be employed is to challenge the listing in court. If an individual or organization believes that they have been wrongfully listed, they can take legal action to seek removal from the list. A successful challenge could result in the court issuing a final order that the applicant no longer be a listed entity. In such a case, it is important to ensure that the final order is published in the Canada Gazette in a timely manner to expedite the removal process. Another strategy could be to work collaboratively with law enforcement and government agencies to address the underlying issues that resulted in being listed. For example, an organization that has been listed for providing material support to a terrorist group could work with authorities to implement better compliance measures and oversight to prevent such support from occurring in the future. Demonstrating proactive engagement with authorities can be an effective way to show that an individual or organization is no longer a threat, which can help expedite the removal process. It is also important to recognize that listing as a terrorist entity is often a result of being associated with or supporting a specific organization or ideology. Therefore, distancing oneself from any such associations can be an effective strategy for removal. For example, an individual who is no longer associated with the organization that led to their listing can present evidence demonstrating the severance of ties and disavowing any continued support or association. In conclusion, the strategic considerations when dealing with Section 83.05(7) of the Criminal Code of Canada are significant for individuals and organizations that have been listed as terrorist entities under Canadian law. Challenging the listing in court, working collaboratively with law enforcement and government agencies, and distancing oneself from associations with the ideologies or organizations that led to the listing are all effective strategies that could be employed. Additionally, it is important to ensure that the final order is published in a timely manner to expedite the removal process. By employing these strategies, individuals and organizations can effectively manage their status as a listed entity and work towards removal from the list.

CATEGORIES