INTRODUCTION AND BRIEF DESCRIPTION
A listed entity can only make a new application if there has been a material change in its circumstances or if the Minister has completed a review.
SECTION WORDING
83.05(8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (9).
EXPLANATION
Section 83.05(8) of the Criminal Code of Canada limits the ability of a listed entity to make an application under subsection (2) of the same section. Subsection (2) outlines the process by which a listed entity may apply to have its name removed from the list of designated entities, which is maintained by the Minister of Public Safety and Emergency Preparedness. The list designates entities that are suspected of participating in terrorist activities or providing support to such activities. The purpose of section 83.05(8) is to ensure that listed entities do not abuse the process by repeatedly making applications to have their name removed from the list without any significant change in their circumstances. This would be a waste of resources for the Minister's office and could potentially take away their focus from investigating and combating actual threats to national security. However, there are two exceptions to this rule. Firstly, a listed entity may make another application if there has been a material change in its circumstances since the time when it made its last application. This means that if the entity can demonstrate that it no longer poses a threat to national security or has ceased engaging in the activities that led to its designation as a terrorist entity, it may have a valid reason to make another application. Secondly, a listed entity may make another application if the Minister has completed the review under subsection (9). Subsection (9) requires the Minister to review the list of designated entities every two years and, if applicable, remove any names of entities that are no longer deemed to meet the criteria for designation. If the Minister has completed such a review and the listed entity is still on the list, it may have a reason to make another application. Overall, section 83.05(8) provides a balance between ensuring that the Minister's office is not burdened by frivolous applications while also acknowledging that circumstances may change over time, and entities deserve a fair chance to have their name removed from the list.
COMMENTARY
Section 83.05(8) of the Criminal Code of Canada is an important provision that regulates the processes in obtaining listing on the United Nations Security Council's list of designated terrorist entities. The section outlines the conditions under which a listed entity can make another application for reconsideration of its status as a terrorist entity. The listed entity referred to in this section is any organization or group that has been designated as a terrorist entity by the United Nations Security Council. Such designation can have serious consequences for the listed entity, including the freezing of assets, restrictions on travel, and other measures aimed at preventing or countering terrorism. According to Section 83.05(8), a listed entity can only make another application under subsection (2) if it meets two conditions. Firstly, there must have been a material change in its circumstances since the time when the entity made its last application. Secondly, the Minister must have completed the review under subsection (9). This section of the Criminal Code serves an important function in ensuring that listed entities are not able to repeatedly apply for reconsideration of their status without a valid reason. The provision recognizes that situations can change over time, and that a listed entity may be able to demonstrate that it no longer meets the criteria for being designated a terrorist entity. The first condition outlined in Section 83.05(8) of a material change in circumstances ensures that the listed entity is not simply reapplying without any substantive grounds for reconsideration. A material change may include a change in leadership, a shift in ideology, or changes in operational activities that may make the listed entity no longer pose a threat. The second condition, the completion of a review under subsection (9), signifies the need for an objective review to take place before a listed entity can make another application. Subsection (9) requires the Minister responsible for the security of Canada to review the entity's status as a listed entity every three years. The review considers factors such as new information on the entity's activities, changes in its ideology, and updates from foreign governments and intelligence services. The outcome of the review determines whether the entity should stay on the list, be removed, or have its status changed. Section 83.05(8) of the Criminal Code ensures that the security of Canada and its citizens is not compromised by organizations that have been designated as terrorist entities. The provision ensures that the listed entity has a valid reason for reapplying, and that the government has conducted a recent review of the entity's activities and status before any further consideration takes place. Overall, Section 83.05(8) of the Criminal Code is an important safeguard that aims to prevent terrorist organizations from using the application process to circumvent the United Nations Security Council's designation as a terrorist entity. The provision enhances the effectiveness of Canada's counter-terrorism efforts and contributes to maintaining public safety and national security.
STRATEGY
Section 83.05(8) of the Criminal Code of Canada lays out provisions that govern the actions of listed entities that may have been engaged in terrorist activities or are believed to pose a threat to national security. This section states that such entities cannot make another application under subsection (2) unless there has been a material change in their circumstances or the Minister has completed the review under subsection (9). This provision is aimed at controlling the activities of potential terrorists and safeguarding national security. However, it can pose certain challenges and considerations for organizations that are trying to navigate the legal framework within which they operate. One of the key strategic considerations for organizations seeking to comply with this provision is to ensure that they remain in constant dialogue with the authorities and keep them informed of any changes in their circumstances. This can involve regular communication with law enforcement agencies, national security bodies, and other relevant authorities. By maintaining a good working relationship with the authorities, organizations can ensure that they are up to date with any changes in the requirements and regulations governing their operations. Another important strategic consideration for organizations is to ensure that they have adequate legal representation and resources available to them. This can involve hiring lawyers who are well versed in the legal framework governing national security issues. Such lawyers can provide guidance and support to organizations in navigating the legal landscape and ensuring compliance with the various regulations and provisions that apply. When dealing with this section of the Criminal Code of Canada, organizations may need to employ certain strategic techniques to demonstrate that there has been a material change in their circumstances. For instance, an organization may need to provide evidence to show that it has reformed its practices or that its leadership has changed, and that it is no longer engaged in activities that pose a threat to national security. Additionally, organizations may need to demonstrate that they have implemented new policies and procedures aimed at preventing any future occurrences that may have led to their inclusion on the list of listed entities. One of the most effective strategies that an organization can employ when dealing with this provision is to be proactive in its approach. By monitoring its operations and taking steps to address any potential issues before they arise, an organization can demonstrate its commitment to compliance and its willingness to work closely with the authorities to ensure national security. This can involve engaging in regular risk assessments, reviewing policies and procedures, and improving internal controls and compliance measures. In conclusion, organizations that are dealing with section 83.05(8) of the Criminal Code of Canada must be aware of the strategic considerations and challenges that they may face. By maintaining a good working relationship with the authorities, retaining adequate legal representation, and employing proactive strategies, organizations can ensure that they remain compliant with the legal requirements and regulations governing national security issues. By doing so, they can safeguard their operations and reputation, and demonstrate their commitment to upholding the highest standards of conduct and compliance.
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