INTRODUCTION AND BRIEF DESCRIPTION
A person who acts reasonably in taking measures to comply with subsection (1) shall not be liable in civil action if they took all reasonable steps to verify ownership control by a terrorist group.
SECTION WORDING
83.08(2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if they took all reasonable steps to satisfy themselves that the relevant property was owned or controlled by or on behalf of a terrorist group.
EXPLANATION
Section 83.08(2) of the Criminal Code of Canada provides an exemption from civil liability for individuals who take or omit to take measures to comply with subsection (1) in relation to property owned or controlled by or on behalf of a terrorist group. This is intended to protect individuals who are acting reasonably in their efforts to prevent terrorist financing, by ensuring that they are not held liable for any unintended or collateral damage that might result from their actions. Subsection (1) of section 83.08 requires individuals to report to the police any property that they suspect is owned or controlled by or on behalf of a terrorist group. This includes both tangible and intangible property, such as financial assets and electronic data. Failure to comply with this reporting requirement can result in criminal charges. Subsection (2) provides a defence against civil liability for individuals who comply with subsection (1) but inadvertently cause damage to the property or interests of a third party. To avail of this defence, the individual must be able to demonstrate that they acted reasonably in taking or omitting to take measures to comply with subsection (1), and that they took all reasonable steps to satisfy themselves that the relevant property was owned or controlled by or on behalf of a terrorist group. Overall, section 83.08(2) is an important safeguard for individuals who are working to combat terrorist financing, by balancing the need to prevent terrorism with the protection of individual rights and interests. It encourages individuals to be diligent and proactive in their efforts to prevent terrorist financing, while also providing them with some measure of protection against unintended consequences that may result from their actions.
COMMENTARY
Section 83.08(2) of the Criminal Code of Canada is an important provision that plays a critical role in efforts to combat terrorism within Canadian borders. The section provides protection to individuals who take measures, or omit to take measures, to comply with subsection (1) of the same section of the code. Subsection (1) sets out prohibitions relating to property that is owned or controlled by or on behalf of a terrorist group. The protection provided by Section 83.08(2) is designed to shield individuals who act reasonably in accordance with the provisions of the Criminal Code of Canada from any civil liability that may arise from their actions. Such individuals are protected from being sued by parties who may claim that the individuals breached their rights or failed to take appropriate action in dealing with property that may be associated with terrorism. The provision serves as an important safeguard for individuals who are acting in good faith to comply with the law, while also ensuring that property associated with terrorism is appropriately dealt with. The provision is especially important in situations where individuals may be reluctant to take action to comply with the provisions of the Criminal Code of Canada, for fear of being sued in a civil action. This could result in individuals ignoring potential risks associated with property that may be associated with a terrorist group. The protection offered by Section 83.08(2) helps to ensure that individuals who are attempting to safeguard Canadian society from terrorist activities are not hampered by the threat of legal repercussions. It enables such individuals to take the necessary steps to comply with the provisions of the Criminal Code of Canada without fear of being sued for actions taken in good faith. However, it is important to note that the protection provided by Section 83.08(2) is not absolute. The section only provides protection to individuals who act reasonably in taking or omitting to take measures to comply with subsection (1). It is not intended to shield individuals who act recklessly or without taking reasonable measures to ensure that the relevant property is owned or controlled by or on behalf of a terrorist group. In conclusion, Section 83.08(2) of the Criminal Code of Canada is an essential provision in the fight against terrorism within Canadian borders. It provides protection to individuals who act reasonably in taking or omitting to take measures to comply with the provisions of the code relating to terrorist activities. It allows individuals to act in good faith, without the fear of being sued for their actions, while still safeguarding Canadian society from the threats posed by terrorism.
STRATEGY
Section 83.08(2) of the Criminal Code of Canada provides immunity to individuals or organizations who take reasonable steps to comply with the provision of subsection (1). Subsection (1) requires that anyone who owns or controls any property that is owned or controlled by or on behalf of a terrorist group must report it to the police. This immunity protects individuals or organizations from being held liable in any civil action arising from having taken or omitted to take measures. However, there are several strategic considerations that individuals or organizations must take into account when dealing with this provision of the Criminal Code of Canada. One of the most important strategic considerations is to ensure that an individual or organization complies with the provisions of subsection (1) of section 83.08 of the Criminal Code of Canada. An individual or organization must ensure that they report to the police any property that is owned or controlled by or on behalf of a terrorist group. Failure to comply with this provision can lead to criminal charges as well as civil liability. Another strategic consideration is to ensure that all reasonable steps are taken to satisfy oneself that the relevant property is owned or controlled by or on behalf of a terrorist group. This requires that an individual or organization conduct due diligence and gather all relevant information before making a report. This may involve conducting an investigation, checking public records, or seeking legal advice. A further strategic consideration is to ensure that the report is made to the appropriate authorities. The report must be made to the police, and the police must be notified as soon as possible. Failure to report to the police can lead to criminal charges and the loss of immunity under section 83.08(2) of the Criminal Code of Canada. It is also important to ensure that all relevant information is included in the report. The report must contain all information that the individual or organization has gathered about the property and its ownership or control by or on behalf of a terrorist group. Failure to report all relevant information can lead to civil liability. One strategy that could be employed is to establish a compliance program to ensure that all individuals or organizations are aware of their obligations under section 83.08 of the Criminal Code of Canada. The compliance program should provide guidance on how to conduct due diligence and report to the appropriate authorities. This can help to reduce the risk of non-compliance and civil liability. Another strategy that could be employed is to seek legal advice. Legal advice can help to ensure that an individual or organization is aware of their obligations under section 83.08 of the Criminal Code of Canada and can help to reduce the risk of civil liability. In conclusion, Section 83.08(2) of the Criminal Code of Canada provides immunity to individuals or organizations who take reasonable steps to comply with subsection (1). Strategic considerations when dealing with this section of the Criminal Code of Canada include ensuring compliance with subsection (1), conducting due diligence, reporting to the appropriate authorities, ensuring that all relevant information is included in the report, establishing a compliance program, and seeking legal advice. By considering these strategies, individuals or organizations can reduce the risk of civil liability and comply with the provisions of the Criminal Code of Canada.
CATEGORIES