section 83.13(1)

INTRODUCTION AND BRIEF DESCRIPTION

A judge may issue a warrant or restraint order on an ex parte application by the Attorney General to search for and seize property in respect of which an order of forfeiture may be made.

SECTION WORDING

83.13 (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue (a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or (b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

EXPLANATION

Section 83.13(1) of the Criminal Code of Canada grants power to a judge of the Federal Court to issue a warrant or restraint order in the case where the Attorney General files an ex parte application to search and seize any property or place where such property exists, that could be subject to forfeiture under subsection 83.14(5) of the Criminal Code of Canada. Receptacle, as mentioned in the Code, is a container or enclosure that could hold the property subject to be seized. The section empowers the judge to keep the application private and examine it for reasonable grounds. It authorizes the issuance of a warrant to search and seize any property situated within the jurisdiction of Canada. Alternatively, it allows the issuance of a restraint order if the property is located in or outside of Canada, which prohibits any person from dealing with the property without specified permission. Subsection 83.14(5) of the Criminal Code of Canada details forfeiture provisions. Forfeiture is an act of confiscation of property or assets that are related to unlawful activity, such as terrorism, financial crimes, and various offenses. It aims to deter criminal activity and prevent the use of proceeds from criminal activity. The section thus exists as a preventive measure to exercise control over the property that may be used to promote criminal activities. It is one of the many provisions of the Criminal Code of Canada implemented with the goal of reducing the criminal activities and ensuring public safety.

COMMENTARY

The provisions contained in Section 83.13(1) of the Criminal Code of Canada deal with the power of the Federal Court to authorize the search and seizure of property in cases where there are reasonable grounds to believe that such property may be subject to forfeiture under Section 83.14(5). The objective of these provisions is to enable law enforcement agencies to locate and seize property that is suspected to be connected with terrorism-related activities. The first thing to note about these provisions is that they empower the Federal Court to issue a warrant for the search and seizure of property based on an ex parte application by the Attorney General. This means that the application process occurs in the absence of the property owner or any other interested party who may have a claim to the property. While this provision might seem to be an infringement of the rights of the property owner, it is justified by the need to prevent the dissipation of assets that are suspected of being used in terrorist financing or related activities. It is also worth noting that the jurisdiction of the Federal Court is not limited to property that is situated within Canada. This means that the court has the power to issue restraint orders that apply outside of Canada as well. This is an important provision considering that terrorist financing activities are often global in scope and involve the transfer of funds and assets across different jurisdictions. The main purpose of these provisions is to enable law enforcement agencies to locate and seize the assets of terrorists and terrorist organizations. This is necessary because the financial resources of terrorist organizations are often used to fund terrorist activities, including the purchase of weapons, training, and logistical support. By restricting the ability of terrorists to access funding and other assets, the Canadian government is better able to stop terrorist attacks before they occur. In conclusion, Section 83.13(1) of the Criminal Code of Canada provides important tools for law enforcement agencies in their efforts to combat terrorism-related activities. While these provisions may be perceived as controversial by some, they are necessary to ensure the safety of Canadians and to prevent terrorist attacks from occurring. As such, they should be viewed as an important component of the Canadian government's efforts to stop terrorism.

STRATEGY

Section 83.13(1) of the Criminal Code of Canada is an important provision for law enforcement officials in the context of investigating and prosecuting individuals involved in terrorist financing. This section allows for the issuance of a search warrant or restraint order by a judge of the Federal Court, enabling law enforcement officials to seize property that may be subject to forfeiture under subsection 83.14(5) of the Criminal Code. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. One of the most important is the need to balance the interests of law enforcement with the rights of the individual whose property is being seized or restrained. This requires careful consideration of the evidence presented to the judge in support of the application, as well as the potential impact on the individual and any third parties who may have an interest in the property. Another strategic consideration is the need to act quickly and decisively in order to prevent the dissipation of assets or the destruction of evidence. This may require law enforcement officials to take swift action in obtaining the necessary warrant or restraint order, while also ensuring that they adhere to all relevant procedural and constitutional requirements. In addition, it is important for law enforcement officials to carefully consider the potential consequences of any action taken under this section of the Criminal Code. For example, a seizure or restraint order could have a significant impact on the individual's finances or business operations, and may lead to negative publicity or damage to their reputation. As such, law enforcement officials must carefully weigh the potential benefits of such an action against these potential risks, and develop strategies to mitigate any negative consequences. To successfully navigate these strategic considerations, law enforcement officials may employ a range of strategies. These may include: 1. Conducting thorough investigations and obtaining strong evidence to support their application for a search warrant or restraint order. 2. Working closely with legal counsel to ensure that all constitutional and procedural requirements are met, and that the application is as strong as possible. 3. Developing effective communication strategies to manage any potential fallout from the seizure or restraint order, such as issuing public statements or engaging with relevant stakeholders. 4. Ensuring that any action taken is proportional and appropriate given the circumstances, and that the interests of all parties are considered. Overall, Section 83.13(1) of the Criminal Code of Canada is a powerful tool for law enforcement officials in the fight against terrorist financing. However, it must be used carefully and strategically in order to achieve its intended objectives while also respecting the rights of individuals.

CATEGORIES