section 83.09(4)

INTRODUCTION AND BRIEF DESCRIPTION

Individuals involved in an authorized activity or transaction are not subject to certain sections of the Criminal Code if the terms and conditions of the authorization are met.

SECTION WORDING

83.09(4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

EXPLANATION

Section 83.09(4) of the Criminal Code of Canada is an important provision that governs the authorization of activities or transactions related to national security. According to this provision, if a person has obtained authorization under subsection (1), any other person who is involved in carrying out the authorized activity or transaction will not be held liable under sections 83.08, 83.1, and 83.11 of the Criminal Code if the terms or conditions of the authorization, as imposed by subsection (2), are met. In other words, this provision provides legal protection to individuals who are involved in carrying out authorized activities related to national security. This is particularly important in situations where the activity or transaction may otherwise be considered illegal or a breach of privacy or civil liberties. By obtaining authorization under subsection (1), individuals can carry out such activities without fear of legal consequences, as long as they adhere to the terms and conditions set out in subsection (2). It is worth noting that obtaining authorization under subsection (1) is not a simple process. The government must provide sufficient evidence to justify the need for such authorization, and the authorization must be narrowly tailored to the specific activity or transaction in question. The terms and conditions of the authorization must also be reasonable and necessary, taking into account the nature of the activity or transaction and the potential impact on individual rights and freedoms. Overall, Section 83.09(4) strikes a delicate balance between the need for national security measures and the protection of individual rights and freedoms. It ensures that individuals involved in authorized activities related to national security are not held liable for their actions, while also placing strict limitations on the government's power to conduct such activities.

COMMENTARY

Section 83.09 of the Criminal Code of Canada provides for the issuance of authorizations for various activities that would otherwise be considered terrorism offences. Subsection (4) of this section provides an exception for other individuals who are involved in the same activities or transactions as the authorized person. This section is essential in situations where multiple individuals are involved in a terrorism-related activity. It ensures that individuals who are merely following the instructions of an authorized person do not face criminal charges if they comply with the terms and conditions of the authorization. However, it is important to note that this exception only applies if the terms and conditions of the authorization are met. Individuals who do not comply with the requirements of the authorization may still be subject to criminal charges under sections 83.08, 83.1, and 83.11 of the Criminal Code. The use of authorizations has been a controversial topic in Canada because of concerns about the potential misuse of these powers by law enforcement agencies. Civil liberties groups have argued that authorizations are too broad and allow law enforcement to infringe upon the privacy rights of individuals without adequate safeguards. However, the Supreme Court of Canada has upheld the constitutionality of these provisions, provided that authorizations are issued with appropriate oversight and accountability measures. The court has also emphasized the need for a clear and specific legal framework to prevent arbitrary or discriminatory use of these powers. Section 83.09(4) helps to ensure that individuals who are not involved in terrorism activities are not unfairly targeted by these provisions. It encourages compliance with the conditions of the authorization and reduces the risk of aggressive law enforcement actions against innocent individuals suspected of being involved in terrorism. In conclusion, Section 83.09(4) provides a necessary exception for individuals who are involved in the same activities or transactions as an authorized person. However, it is important to ensure that authorizations are issued with appropriate oversight and accountability measures to prevent the abuse of these powers. The use of authorizations must be balanced against the privacy rights and civil liberties of individuals, and strict adherence to the terms and conditions of these authorizations is necessary to avoid potential criminal charges.

STRATEGY

Section 83.09(4) of the Criminal Code of Canada offers a certain level of authorization to individuals or organizations who are involved in carrying out transactions or activities that are otherwise deemed illegal under sections 83.08, 83.1 and 83.11 of the Criminal Code of Canada. This authorization enables the individual or organization carrying out such activities to be exempt from the legal consequences of their actions as long as they meet the conditions imposed in subsection (2). Strategic considerations when dealing with section 83.09(4) of the Criminal Code of Canada involve assessing the potential risks and benefits associated with obtaining such authorization. The strategic considerations would involve assessing the potential impact of obtaining authorization on the reputation of the organization, the financial implications of obtaining authorization, and the strategic implications of obtaining authorization. Some strategies that could be employed include a careful assessment of the legal framework surrounding the activity or transaction in question. The individual or organization involved should assess the potential consequences of the legal framework and determine if there are any viable alternatives to engaging in the activity or transaction. Once the individual or organization has assessed the legal framework, they should determine the potential benefits and risks associated with obtaining authorization. If the risks outweigh the benefits, then obtaining authorization should be avoided. If the benefits outweigh the risks, then obtaining authorization may be a viable option. Another strategy that could be employed is to carefully consider the conditions imposed under subsection (2) of section 83.09 of the Criminal Code of Canada. The individual or organization should ensure that they are able to meet all the conditions before obtaining authorization. Failure to meet any of the conditions may result in legal consequences. Furthermore, the individual or organization should assess the potential impact of obtaining authorization on their reputation. If obtaining authorization could negatively impact their reputation, then it may be wise to avoid obtaining authorization. Additionally, the individual or organization should consider the financial implications of obtaining authorization. If obtaining authorization is overly expensive, then it may not be a viable option. In conclusion, section 83.09(4) of the Criminal Code of Canada offers authorization to individuals or organizations involved in carrying out transactions or activities that are otherwise illegal. Strategic considerations when dealing with this section of the Criminal Code of Canada involve assessing the potential risks and benefits associated with obtaining authorization, assessing the legal framework, determining the conditions imposed under subsection (2), assessing the impact of obtaining authorization on the reputation, and assessing the financial implications.