section 83.13(3)

INTRODUCTION AND BRIEF DESCRIPTION

A judge must appoint the Minister of Public Works and Government Services upon request from the Attorney General of Canada when appointing a person under subsection (2).

SECTION WORDING

83.13(3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.

EXPLANATION

Section 83.13(3) of the Criminal Code of Canada is a provision that is concerned with the appointment of a person to manage property that has been seized under the authority of the state. Specifically, this section deals with the appointment of a person under subsection (2), and provides that when the Attorney General of Canada requests it, the judge who is appointing the person shall also appoint the Minister of Public Works and Government Services. The purpose of this provision is to ensure that there is a transparent and accountable process for managing property that has been seized by the state in the course of a criminal investigation or prosecution. By appointing a person to manage the property, the state can ensure that it is safeguarded, maintained, and handled appropriately, in accordance with the law. The provision also ensures that there is appropriate oversight of the management of the seized property. By appointing the Minister of Public Works and Government Services, the state can ensure that there is an independent and impartial entity overseeing the management of the seized property, and that there is no undue influence or interference in the process. Overall, this provision is an important safeguard in the criminal justice system, and helps to ensure that the state's powers of seizure and forfeiture are exercised in a fair, transparent, and accountable manner.

COMMENTARY

Section 83.13(3) of the Criminal Code of Canada is a provision that concerns the appointment of a person under subsection (2) upon the request of the Attorney General of Canada. This section mandates that the Minister of Public Works and Government Services be appointed in such instances, thereby ensuring that the government is involved in the process. Subsection (2) of the same section provides for the appointment of a person to act as an inspector, or give a warrant for the purpose of conducting an investigation or search related to a terrorist activity. The appointment would be made by a judge, upon an application made by a peace officer or a public officer who believes that such an appointment would be necessary to prevent or detect a terrorist activity. The purpose of this provision is to provide the necessary legal framework for the government to take proactive measures to prevent terrorist activities from taking place in Canada. The government is empowered to appoint a person to act as an inspector, who would have powers to conduct investigations or searches related to potential terrorist activities. This is especially important in today's world, where the threat of terrorism is a real and present danger. The appointment of the Minister of Public Works and Government Services in such instances is critical, as it ensures that the government is involved in the process from the outset. This means that any actions taken by the inspector would be subject to government oversight, thereby ensuring that there is no abuse of power or overreach. It also ensures that there is a coordinated response to any potential terrorist activity, with the government and its agencies working in tandem to address any threats to Canada's security. The provision is also notable for its emphasis on judicial oversight. Any appointment would have to be made by a judge, and the judge would have to be satisfied that it was necessary to prevent or detect a terrorist activity. This ensures that there are checks and balances in place to prevent any abuse of power, and that the appointment of an inspector is not arbitrary or unreasonable. In conclusion, Section 83.13(3) of the Criminal Code of Canada is a provision that is critical to Canada's national security. It provides the necessary legal framework for the appointment of an inspector to prevent or detect terrorist activities, and ensures that the government is involved in the process from the outset. The provision is notable for its emphasis on government oversight and judicial oversight, ensuring that any actions taken are subject to scrutiny and that there are checks and balances to prevent any abuse of power.

STRATEGY

Section 83.13(3) of the Criminal Code of Canada deals with the appointment of a person to carry out an investigation regarding the identifying and responding to a terrorist threat. The section states that when the Attorney General of Canada requests, the judge who appoints the person under subsection (2) will also appoint the Minister of Public Works and Government Services. The purpose of this section is to ensure that all necessary resources and agencies are involved in responding to a terrorist threat. However, there are strategic considerations to be made when dealing with this section. One strategic consideration is the involvement of multiple agencies and resources. While it is important to involve all necessary resources in responding to a terrorist threat, the involvement of too many agencies can lead to confusion and fragmentation. It is important to identify the specific agencies and resources that are needed and to ensure that they are working together seamlessly. This can be achieved through effective communication and coordination mechanisms between agencies. Another strategic consideration is the balance between security and civil liberties. In the pursuit of identifying and responding to a terrorist threat, it is important to ensure that the civil liberties of citizens are protected. The involvement of the Minister of Public Works and Government Services can ensure that the use of resources for the investigation is legal and in compliance with human rights and civil liberties. This can be achieved through the implementation of clear guidelines and regulations. A third strategic consideration is the importance of transparency and accountability. The appointment of the Minister of Public Works and Government Services can help ensure that the investigation is conducted in a transparent and accountable manner. This can be achieved through the provision of regular reports to the public and the involvement of independent oversight mechanisms. Strategies that could be employed to address these considerations include: 1. Effective communication and coordination mechanisms between agencies to ensure seamless collaboration. 2. The prioritization of specific agencies and resources to avoid fragmentation. 3. The implementation of clear guidelines and regulations to protect civil liberties and human rights. 4. The provision of regular reports to the public to ensure transparency. 5. The involvement of independent oversight mechanisms to ensure accountability. In conclusion, section 83.13(3) of the Criminal Code of Canada is a crucial tool in responding to terrorist threats. However, it is important to consider the strategic implications of involving multiple agencies and resources, balancing security with civil liberties, and ensuring transparency and accountability. Employing the strategies outlined above can help ensure that the investigation is conducted in a coordinated, legal, and responsible manner.

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