INTRODUCTION AND BRIEF DESCRIPTION
The Minister must review the list of listed entities every two years and make a recommendation to either maintain or remove them.
83.05(9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list.
Section 83.05(9) of the Criminal Code of Canada outlines the process for reviewing and updating the government's list of "listed entities" - organizations and individuals deemed to be involved in terrorism-related activities. This list is a key tool in Canada's fight against terrorism, as it allows the government to freeze the assets and restrict the activities of organizations and individuals deemed to be a threat to national security. The section specifies that the Minister responsible for public safety must review the list every two years, starting two years after the list is first established. This review must determine whether there are still reasonable grounds for an entity to be on the list, as set out in subsection (1) - that is, whether the entity is involved in terrorism-related activities. Based on this review, the Minister must then make a recommendation to the Governor in Council as to whether the entity should remain on the list. This allows the government to keep the list up-to-date and ensure that only those entities that pose a genuine threat to national security are subject to restrictions. Importantly, the review process does not affect the validity of the list - in other words, the entities on the list remain subject to the same restrictions during the review period. This provides a measure of continuity and ensures that the government's ability to fight terrorism is not compromised during the review process. Overall, section 83.05(9) outlines an important framework for maintaining the effectiveness and relevance of Canada's list of listed entities, and underscores the government's commitment to protecting the safety and security of its citizens.
Section 83.05(9) of the Criminal Code of Canada mandates the Minister to conduct a biennial review of the designated terrorist entities list to ensure that there are still reasonable grounds for their inclusion. This section recognizes the importance of continually assessing the threats posed by these entities to public safety and national security. The process for deleting a listed entity from the list is rigorous to ensure accuracy and fairness. An entity may only be included in the list if there are reasonable grounds to believe that it has carried out, attempted to carry out, or participated in terrorism activities. The biennial review provides the opportunity to confirm or refute the validity of these allegations based on the most current information. The Minister's review involves an examination of the evidence provided by Canadian intelligent and law enforcement agencies, monitoring the activities of the listed entities, and assessing any new information that may have arisen. If the Minister determines that there are no longer reasonable grounds for an entity to remain on the list, they must make a formal recommendation to the Governor in Council. The Governor in Council has the mandate to act on the Minister's recommendation and remove the entity from the list. This decision must be formally communicated to the entity concerned, and it must also be reported in the Canada Gazette. It is also important to note that the validity of the list is not affected by the biennial review. The Minister can only recommend the removal of an entity, but the final decision rests with the Governor in Council. This ensures that the list remains credible and up-to-date, and that any entity whose activities endanger Canadian national security and public safety is appropriately identified. In conclusion, section 83.05(9) of the Criminal Code of Canada acknowledges the importance of regularly reviewing the designated terrorist entities list to ensure its accuracy and efficacy in combating terrorism. It also highlights the rigorous process involved in including and removing an entity from the list. This section of the Criminal Code of Canada strengthens Canada's national security efforts by enabling the government to identify and address any emerging threats posed by terrorism.
Section 83.05(9) of the Criminal Code of Canada has significant implications for individuals and organizations that are designated as listed entities. This provision mandates that the Minister of Public Safety and Emergency Preparedness must review the list of designated entities every two years to determine whether there are still reasonable grounds for an organization to remain on the list. The provision also grants the Minister the power to recommend to the Governor in Council whether an entity should be delisted or not. The establishment of this provision has a significant impact on national security and counterterrorism strategies in Canada. It ensures that the government can adequately and effectively track and monitor organizations that pose a threat to national security. The power to delist organizations that no longer pose a threat is also an essential component of this provision, as it prevents the government from holding entities on the list indefinitely, even when they no longer pose a threat. Strategic considerations when dealing with this provision in the Criminal Code of Canada primarily revolve around two key themes: legal and reputational risks. From a legal standpoint, organizations designated as listed entities must consider the potential legal risks associated with this designation. Organizations that are wrongly or mistakenly designated for inclusion on the list could suffer significant harm, including financial losses, reputational harm, and damage to the organization's operations. As such, listed entities must ensure that they possess the proper legal expertise to challenge their inclusion on the list and defend against any evidence or allegations presented against them. Reputational harm is also a significant strategic consideration for listed entities. Being designated as a listed entity can result in severe reputational damage, often leading to reduced investment, decreased public trust, and increased scrutiny from regulators and stakeholders. As such, listed entities must engage in proactive reputation management, highlighting their commitment to compliance, accountability, and transparency. Strategies that could be employed to address these strategic considerations include: 1. Developing a comprehensive risk assessment process: Listed entities must undertake a comprehensive risk assessment process to identify potential risks associated with their operations. This assessment should include an analysis of their internal operations, as well as an examination of the external environment and the legal and regulatory frameworks they operate within. 2. Building legal expertise: Listed entities must invest in building legal expertise to help them challenge any evidence or allegations presented against them. This includes hiring experienced legal professionals with specific experience in national security and counterterrorism law. 3. Developing robust compliance programs: Listed entities must implement robust compliance programs that enable them to identify and mitigate potential risks associated with their operations. This compliance program should have strong internal controls, training, and reporting mechanisms that enable quick detection and response to any potential issues. 4. Engaging in proactive reputation management: Listed entities must engage in proactive reputation management to mitigate the potential harm associated with their inclusion on the list. This includes developing stakeholder engagement programs, highlighting their commitment to transparency and compliance, and enhancing their communication strategies. Overall, strategic considerations when dealing with section 83.05(9) of the Criminal Code of Canada require listed entities to be proactive, aware of potential risks, and forward-thinking in their approach to risk management. By adopting a comprehensive risk management approach that focuses on building legal expertise, implementing compliance programs, and engaging in proactive reputation management, listed entities can mitigate potential risks and minimize the effects of their inclusion on the list.