Criminal Code of Canada - section 83.14(1) - Application for order of forfeiture

section 83.14(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Attorney General to request the Federal Court to order forfeiture of property owned or controlled by a terrorist group or used to commit a terrorist activity.

SECTION WORDING

83.14 (1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of (a) property owned or controlled by or on behalf of a terrorist group; or (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

EXPLANATION

Section 83.14(1) of the Criminal Code of Canada empowers the Attorney General to apply for an order of forfeiture relating to properties that are owned or controlled by a terrorist group or that have been or will be used to facilitate or carry out a terrorist activity. The primary purpose of this section is to provide law enforcement agencies with a powerful tool to disrupt and dismantle the activities of terrorist groups in Canada. By seizing and forfeiting assets that are owned or controlled by these groups, the authorities can incapacitate their operations and make it more difficult for them to finance their nefarious activities. The order of forfeiture can apply to a wide range of properties, including bank accounts, real estate, vehicles, and other assets that may have been used by the terrorist group to facilitate their operations. Additionally, the order can be applied to assets that may have been obtained through the proceeds of terrorism, such as funds raised from illicit activities or money laundering. However, it is important to note that the order of forfeiture can only be obtained through an application to a judge of the Federal Court. The Attorney General must provide evidence that establishes the connection between the property in question and the terrorist group or activity. Moreover, the owner of the property has the right to challenge the application and provide evidence to demonstrate that they were not aware of the link between their property and terrorism. Overall, Section 83.14(1) serves as a powerful weapon in the fight against terrorism, demonstrating the Canadian government's commitment to safeguarding national security and protecting the safety and well-being of its citizens.

COMMENTARY

Section 83.14(1) of the Criminal Code of Canada is a powerful tool in the fight against terrorism. It allows the Attorney General to apply for an order of forfeiture in relation to property owned or controlled by a terrorist group, as well as property that has been or is being used to facilitate or carry out a terrorist activity. In doing so, the law aims to disrupt the operations of terrorist organizations and prevent them from accessing the resources they need to carry out their heinous acts. The decision to seek an order of forfeiture under this section is discretionary, meaning that the Attorney General has the authority to determine whether or not to pursue such an order in any given case. This discretion is important because it allows for a case-by-case assessment of the circumstances, including the severity of the terrorist threat, the evidence available to support the application, and the potential impact on innocent third parties (such as landlords or financial institutions). The process for obtaining an order of forfeiture involves applying to a judge of the Federal Court. The judge will hear evidence from the Attorney General and any affected parties, and will assess the merits of the application based on the legal criteria set out in the Criminal Code. These criteria require that the Attorney General demonstrate, on a balance of probabilities, that the property in question is linked to a terrorist group or activity, that forfeiture is necessary to prevent the property from being used for further terrorist purposes, and that forfeiting the property would not be contrary to the interests of justice. If the judge grants the order of forfeiture, the property in question will be turned over to the Crown and disposed of in accordance with the applicable law. This may include selling the property and using the proceeds to compensate victims of terrorism, or destroying the property outright if it is deemed too dangerous to remain in circulation. Overall, section 83.14(1) of the Criminal Code of Canada is an important part of Canada's anti-terrorism legislation. By allowing the government to seize assets and resources that are being used to support terrorist activities, the law sends a strong message that Canada will not tolerate terrorism in any form. However, it is important that this power is not abused, and that the government exercises due diligence in each case to ensure that forfeiture is appropriate and justified. As with any law enforcement measure, the use of this power must be subject to robust oversight and accountability mechanisms to protect against overreach or abuse.

STRATEGY

One of the primary strategic considerations when dealing with section 83.14(1) of the Criminal Code of Canada is to ensure that all of the necessary evidence is collected and presented in a clear and compelling manner. This may involve working closely with law enforcement agencies and gathering information from a range of sources, including surveillance footage, financial records, and witness statements. Another key strategy that could be employed is to engage with stakeholders and build a coalition of support for the application. This may involve reaching out to victims of terrorist activities, community leaders, government officials, and other interested parties to gather their input and support. By demonstrating broad-based support for the application, it may be possible to increase its chances of success. In addition, it may be useful to consider the potential implications of an unsuccessful application, particularly when it comes to diplomatic relations and other international considerations. This may require careful consultation with experts in the field, as well as a nuanced understanding of the political and diplomatic landscape within which the application will be considered. Finally, it may be necessary to consider the potential impact of an order of forfeiture on innocent parties, such as family members or business partners who may have been unknowingly involved in the terrorist activities in question. In such cases, it may be possible to work with these parties to find alternative solutions that ensure justice is served while minimizing the impact on innocent individuals. Overall, successfully navigating section 83.14(1) of the Criminal Code of Canada requires careful planning, strategic thinking, and a deep understanding of the legal, political, and social context within which the application will be considered. By adopting a thoughtful and considered approach, it may be possible to achieve a positive outcome that ensures justice is served while minimizing the impact on innocent parties.