INTRODUCTION AND BRIEF DESCRIPTION
The court cannot extend the period set out for preventative detention.
83.14(11) The Court may not extend the period set out in subsection (10).
Section 83.14(11) of the Criminal Code of Canada sets out the limits on how long an individual suspected of terrorism offences can be held in preventive detention. Subsection (10) allows for individuals to be detained without charge for up to three days in order to prevent the commission of an act of terrorism. While preventive detention is a powerful tool for law enforcement to keep the public safe from potential terrorist threats, it is also highly controversial as it involves depriving individuals of their liberty without a trial or conviction. As a safeguard against abuse, subsection (11) prohibits the court from extending the detention period beyond the three-day limit set out in subsection (10). This subsection ensures that the Canadian legal system upholds the principles of due process and human rights, as individuals cannot be held indefinitely without sufficient evidence of wrongdoing. The three-day limit also serves to encourage law enforcement to gather sufficient evidence to charge the individual and proceed with prosecution, rather than relying on detention as a means of dealing with suspected terrorist activity. The use of preventive detention in Canada has been subject to debate and criticism in recent years. Some argue that it unfairly targets certain demographics and undermines fundamental freedoms such as the presumption of innocence and the right to a fair trial. However, others believe that preventing terrorism requires strong measures such as this, and that the three-day limit strikes a balance between protecting public safety and respecting individual rights.
Section 83.14(11) of the Criminal Code of Canada states that the Court is not allowed to extend the period set out in subsection (10). This clause is an important provision in the context of Canadian anti-terrorism legislation, as it concerns the time period during which a suspect can be detained without charge. Subsection (10) provides that a person suspected of terrorism-related offences can be detained for up to 72 hours without being charged. This period may be extended to a total of 96 hours if an application is made to the Court by a peace officer, which the Court may or may not grant. Once the period of detention expires, the suspect must be either released or charged with a criminal offence. The purpose of the detention period is to give the police sufficient time to investigate the alleged offence and gather evidence in order to determine whether there is probable cause to charge the suspect. The provision is meant to balance the interests of national security and the rights of individuals, as the government must have the ability to investigate and prevent terrorist activity, while individuals must be protected from arbitrary detention. However, the importance of this clause lies in the fact that it restricts the power of the Court to extend the detention period beyond the 96-hour limit imposed by subsection (10). This provision ensures that the rights of the individual are not violated by preventing indefinite detention without charge. The provision is also consistent with Canada's international human rights obligations. In particular, it aligns with the International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which both prohibit arbitrary detention. In practice, the provision has been the subject of debate amongst legal experts and civil liberties advocates. On one hand, some argue that the provision is a necessary measure to protect national security and prevent terrorist activity. On the other hand, others suggest that the provision may be used to justify unreasonable or excessive detention periods, infringing on the rights of individuals. In conclusion, section 83.14(11) of the Criminal Code of Canada is an important provision which sets out a time limit for the detention of individuals suspected of terrorist activities. By restricting the power of the Court to extend the detention period beyond 96 hours, the provision ensures that the rights of individuals are protected from arbitrary detention, while also enabling the government to investigate and prevent terrorist activity. Its purpose is to find a balance between national security and individual rights in the context of anti-terrorism legislation.
Section 83.14(11) of the Criminal Code of Canada prohibits the extension of the period set out in subsection (10) for the detention of a person suspected of terrorism-related activities. This section of the code plays an important role in ensuring that the rights of individuals are protected during terrorism investigations, while at the same time providing law enforcement with the necessary tools to prevent terrorist activities. When dealing with Section 83.14(11) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. Below are some of the strategies that could be employed to deal with this section of the code. 1. Obtaining Evidence: One of the key considerations when dealing with this section of the code is ensuring that all necessary evidence is obtained within the allowed detention period. Given that the court cannot extend the detention period, it is crucial that law enforcement agencies take all necessary steps to gather evidence within the time frame specified in the code. 2. Balancing Security and Rights: Another key consideration when dealing with this section of the code is balancing security concerns with the rights of individuals. While preventing terrorism is of utmost importance, it is essential to ensure that the rights of individuals are not violated during the course of investigations. 3. Use of Technology and Intelligence: Law enforcement agencies can employ the use of technology and intelligence gathering to aid in the gathering of evidence within the allowed detention period. Advanced technology and intelligence gathering can help in the rapid collection of information, which could aid in the prevention of terrorist activities. 4. Collaboration among Agencies: Collaboration among different agencies is important when dealing with terrorism investigations. Collaboration can help bring together expertise and resources to enhance intelligence gathering and prevent terrorist activities. 5. Compliance with the Law: Finally, compliance with the law is critical when dealing with this section of the code. Law enforcement agencies must ensure that they act within the limits set out by the code to prevent any violations of the rights of individuals. In conclusion, Section 83.14(11) of the Criminal Code of Canada plays a crucial role in ensuring that the rights of individuals are protected during terrorism investigations. Given the importance of this section of the code, it is crucial that law enforcement agencies take all necessary steps to ensure compliance with the law and balance security with the rights of individuals. Collaboration among agencies and the use of technology and intelligence can be particularly effective in aiding investigations within the allowed detention period.