section 83.09(2)

INTRODUCTION AND BRIEF DESCRIPTION

Authorization for certain activities may be subject to terms and conditions set by the Minister or their designate, with the ability to amend, suspend, revoke or reinstate as deemed necessary.

SECTION WORDING

83.09(2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it.

EXPLANATION

Section 83.09(2) of the Criminal Code of Canada outlines the powers of the Minister, or a person designated by the Minister, in authorizing certain activities related to terrorism. This section specifically grants the Minister or designated person the ability to impose terms and conditions on any authorization made, and to amend, suspend, revoke or reinstate such authorization. This provision is crucial as it provides an important check and balance on the authority of the Minister, ensuring that any authorization made is made subject to appropriate safeguards and oversight. By allowing the Minister or designated person to impose terms and conditions on any authorization, they can add specific requirements or limitations that prevent the authorized activity from posing any undue risk to the public or national security. Furthermore, the power to amend, suspend, revoke or reinstate authorizations allows for additional oversight and accountability. If, for example, new information comes to light that suggests an authorized activity is no longer appropriate or safe, the Minister or designated person can immediately act to revoke or suspend that authorization, preventing any further harm. Conversely, if an authorization is suspended or revoked improperly, the power to reinstate it ensures that any mistakes or errors can be quickly corrected. Overall, section 83.09(2) plays an important role in ensuring that the Minister or designated person responsible for authorizing activities related to terrorism are held accountable and that appropriate safeguards are in place to prevent any undue risk to public safety.

COMMENTARY

Section 83.09(2) of the Criminal Code of Canada grants the Minister of Public Safety and Emergency Preparedness, or an authorized person designated by the Minister, the power to make, amend, suspend, revoke, or reinstate an authorization subject to any conditions they deem necessary. This provision is part of the broader regime governing the law enforcement and security agencies' powers to disrupt potential or real terrorism-related activities. The power given to the Minister or their designate under Section 83.09(2) is broad and discretionary. This power is exercised in the context of authorizations given under Section 83.3, which provides a legal basis for law enforcement or security agencies to conduct various activities to detect, prevent, and respond to terrorism-related threats. These activities could include electronic surveillance, the use of human sources, the seizure of property, and the imposition of travel restrictions. The Minister's power to impose terms and conditions on authorizations helps to ensure that the activities authorized under Section 83.3 comply with the Canadian Charter of Rights and Freedoms and other relevant laws and regulations. For example, the Minister may limit the scope of an authorization or require that the activities be conducted within a specified time frame or in a specific manner. The power to amend, suspend, revoke, or reinstate an authorization enables the Minister, or their designate, to respond to changing circumstances, including the emergence of new threats or the detection of errors or shortcomings in the authorization process or the conduct of activities authorized under Section 83.3. For example, if new information comes to light that undermines the basis for an authorization, the Minister or their designate might revoke or suspend it. Although the power granted under Section 83.09(2) is necessary to ensure effective and accountable use of the Section 83.3 regime, it also raises concerns about potential abuses of power. The discretionary nature of the power means that it could be used to limit civil liberties unnecessarily or to target individuals or groups based on discriminatory criteria. These concerns are especially relevant given the history of human rights violations by law enforcement and security agencies in Canada and other countries in the context of counter-terrorism. To address these concerns, Section 83.09(2) includes a safeguard in that the Minister must report on all authorizations made under Section 83.3 to the Security Intelligence Review Committee (SIRC). SIRC is an independent agency tasked with overseeing the activities of CSIS and reporting to the public on whether CSIS operations comply with the law and respect human rights. The reporting requirement helps to ensure that the use of these powers is subject to review by an independent body. In conclusion, Section 83.09(2) of the Criminal Code of Canada gives the Minister or their designate broad discretionary powers to authorize and govern the exercise of powers to disrupt potential or real terrorism-related activities. While the power is necessary to ensure that the activities authorized under Section 83.3 are conducted in compliance with the law and respect for human rights, it also raises concerns about potential abuses. The requirement to report to SIRC is an important safeguard against the misuse of these powers. Ensuring that the power is used accountably and transparently is essential for maintaining democratic principles and upholding fundamental rights and freedoms.

STRATEGY

Section 83.09(2) of the Criminal Code of Canada provides for an authorization to be granted for activities that would normally be illegal under the law. However, this authorization would be subject to certain conditions and terms which the Minister or the designated person must determine before granting the authorization. This means that there are several strategic considerations one must take into account when dealing with section 83.09(2) of the Criminal Code of Canada. First and foremost, it is important to note that the authorization provided for under the section is granted at the discretion of the Minister or the designated person. This implies that there could be varying considerations or factors taken into account when an authorization application is reviewed. Organizations or individuals seeking authorization must know the specific requirements and considerations for the same. It is important to ensure that an authorization application is structured in a way that meets all the conditions and terms required by the Minister or designated person. Additionally, organizations and individuals must be aware that the authorization can be amended, suspended, revoked, or reinstated in certain circumstances. Therefore, it is important to ensure that the authorization is not violated in any way. Breach of authorization terms and conditions can lead to revocation of the authorization, which could have severe consequences for the organization or individuals involved. Moreover, as section 83.09(2) of the Criminal Code of Canada grants authorization for activities that would normally be restricted under the law, it is important to ensure that the organization or individual seeking authorization has a legitimate reason to carry out such activities. This is because granting authorization to carry out illegal activities could damage the integrity of the authorization system and have far-reaching effects on law enforcement activities. When dealing with section 83.09(2) of the Criminal Code of Canada, a strategy that could be employed by organizations or individuals seeking authorization is to ensure that they have a strong case for the same. This could involve providing detailed reasons for the need to engage in the activities and ensuring that they are being done for legitimate purposes. Additionally, it could involve working closely with legal experts or law enforcement officials who can provide guidance and support in the authorization application process. Another strategy could be to ensure that all authorization terms and conditions are strictly adhered to, to avoid any form of violation. This could involve regularly reviewing the authorization terms and ensuring that any changes to the same are communicated to all relevant parties. In conclusion, section 83.09(2) of the Criminal Code of Canada provides for authorization to be granted for activities that would normally be illegal under the law. However, this authorization is subject to certain conditions and terms. Organizations or individuals seeking authorization must take strategic considerations in arranging their applications to meet the requirements for authorization, ensuring that the terms and conditions are adhered to, and collaborating with relevant legal or law enforcement experts. Doing so will ensure successful authorization and avoid potential revocations of the same.

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