Criminal Code of Canada - section 83.14(3)

section 83.14(3)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General must name only known property owners in an application related to terrorism.

SECTION WORDING

83.14(3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

EXPLANATION

Section 83.14(3) of the Criminal Code of Canada pertains to the naming of respondents in an application made under subsection (1) of the same section. The section is a part of the law that empowers the Canadian government to freeze or forfeit assets that they suspect to be linked to terrorism. The provision makes it mandatory for the Attorney General to include only those persons as respondents who are known to be owning or controlling the properties that are the subject of the application. This means that the government cannot name anyone arbitrarily in the application; instead, they are only required to name the specific individuals who have clear links to the property in question. In other words, this section ensures that specific individuals are held accountable for any terrorism-related property that they own or control. For instance, if an individual is suspected of owning a property that has been used for a terrorist activity, they will be named as a respondent in the application. However, the section does not allow for naming someone who has no connection to the said property. This way, the provision helps to curb any possible misuse of power by the government against innocent individuals and protects their rights. In conclusion, Section 83.14(3) of the Criminal Code of Canada is an important provision that ensures accountability in cases related to terrorism. It requires that only individuals with a clear connection to the suspected property be named as respondents in applications made under the section, thereby safeguarding the rights of Canadian citizens and preventing arbitrary naming of individuals.

COMMENTARY

Section 83.14(3) of the Criminal Code of Canada is an important provision that outlines the requirements for who must be named as respondents in an application made under subsection (1) of the same section. This provision is particularly relevant in the context of terrorism financing, as it provides a mechanism for the government to seize property belonging to individuals or entities that are suspected of participating in or facilitating terrorist activities. The provision specifies that the Attorney General is only required to name as a respondent to an application under subsection (1) those persons who are known to own or control the property that is the subject of the application. This means that the government cannot simply cast a wide net and target anyone who might be remotely connected to the property in question. Instead, it must have specific knowledge or evidence that links a particular individual or entity to the property. The purpose of this requirement is to ensure that the government's actions are proportional, reasonable, and based on solid evidence. By limiting the scope of the respondents to those who are known to own or control the property, the government avoids the risk of targeting innocent individuals or entities who may have no knowledge or involvement in any criminal activity. Moreover, this provision also helps protect the rights and interests of property owners. By requiring specific knowledge or evidence linking them to criminal activity, property owners are assured that their assets cannot be seized or frozen without due process. This provision, therefore, strikes a balance between the government's need to combat terrorism financing and the rights of citizens to own and manage their assets without undue interference. It is worth noting that the government's ability to seize property goes beyond terrorism financing. For instance, it can also seize property in the context of drug trafficking, organized crime, and other criminal activities. However, the same principles apply regardless of the type of criminal activity. The government must have sufficient evidence that links a particular individual or entity to the property before it can be seized. In conclusion, section 83.14(3) of the Criminal Code of Canada is a critical provision that defines the scope of respondents in applications made under subsection (1) of the same section. The provision strikes a balance between the government's need to combat terrorism financing and the rights of citizens to own and manage their assets without undue interference. By limiting the scope of respondents to those who are known to own or control the property, the government avoids the risk of targeting innocent individuals or entities while ensuring that asset seizure is based on solid evidence.

STRATEGY

Section 83.14(3) of the Criminal Code of Canada is a crucial provision that imposes a vital requirement on the Attorney General when seeking an application to seize property under subsection (1). The section mandates the authority to name as a respondent to the application only those individuals or parties that hold or control the property in question. This provision is an essential legal safeguard as it ensures that property owners or controllers are given the opportunity to defend their interests and rights. When dealing with this section of the Criminal Code, several strategic considerations could be employed. These considerations may apply to the respondent in the application, the Attorney General, or the Court hearing the application. Such strategies may include: 1. For the Respondent: Conducting an Assessment of Legal Documentations - when named as the respondent the first option for the property owner is to conduct an in-depth study of the legal documentation, titles, and agreements related to the property in question, to verify their legitimacy and standardization. This inquiry should aim to establish who owns and controls the property with conclusive evidence to support their claims. The owner should be ready to provide evidence of such documentation and to make it available during the proceedings. 2. For the Attorney General: Conduct a Thorough Search of Ownership and Control of the Property in Question - The Attorney General must conduct thorough investigations to identify anyone with ownership or control over the property to prevent the conflict that arises when intervening in business activities. The government must conduct diligent research to avoid unnecessary damage claims after authorities seize property as a result of the application in question. 3. For the Court: Analyze and Scrutinize the Conduct of all Relevant Party Members - The Court must conduct comprehensive analyses of all available information, including evidence provided by any party concerned in the case. The court will focus on the legal documentation and ownership of the property in question, and the accused's behavior related to the property to establish the most substantial and reasonable evidence. 4. Seek Expert Assistance from a Lawyer - Getting a professional defense lawyer is an essential strategic consideration when dealing with Section 83.14(3) of the Criminal Code of Canada. The accused must seek expert legal assistance to investigate their case and represent them during the proceedings. An experienced lawyer has an in-depth understanding of the legal system and can help with the right strategies to employ to ensure the best possible results. In conclusion, Section 83.14(3) of the Criminal Code of Canada is a crucial safeguard in the legal system. It requires the Attorney General to name parties with ownership or control over any property when making an application to seize it. However, strategic considerations are vital when dealing with this section, and the strategy used depends on the party involved, the legal documentation, and the available evidence.