INTRODUCTION AND BRIEF DESCRIPTION
This section applies certain provisions to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).
SECTION WORDING
83.15 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).
EXPLANATION
Section 83.15 of the Criminal Code of Canada refers to the application of certain provisions related to property subject to a warrant or restraint order under subsection 83.13(1) or ordered forfeited under subsection 83.14(5). This essentially means that if property is seized or forfeited under the authority of section 83.13(1) or section 83.14(5), then the provisions outlined in subsection 462.42(6) and sections 462.43 and 462.46 would apply to such property, with some modifications based on the circumstances. Subsection 462.42(6) states that the Crown must give notice to any interested person, including the owner, of an application for forfeiture. Section 462.43 outlines the legal process for making a claim for the property seized, in which an interested person must make an application to a court for a determination of their interest in the property. Section 462.46 provides for the disposition of the property once it has been lawfully forfeited, which includes sale or destruction. In the context of the Criminal Code, this section serves as a mechanism for the government to seize assets that are believed to be linked to terrorist activities or organizations. By utilizing warrants or restraint orders under section 83.13(1), the government can freeze or seize assets suspected of being connected to terrorism. If the property is subsequently ordered forfeited under section 83.14(5), the relevant provisions in section 462 relating to the forfeiture of property would apply. Overall, section 83.15 highlights the importance of ensuring proper legal process and safeguards when it comes to the seizure and forfeiture of property linked to terrorism. By applying specific provisions related to property forfeiture in the context of terrorism, this section helps to ensure that those who are affected by such seizures have proper legal recourse and protections.
COMMENTARY
Section 83.15 of the Criminal Code of Canada deals with the application of certain provisions to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5). In essence, this section ensures that the provisions related to property seizure and forfeiture apply to property that has been the subject of a terrorism-related investigation. The purpose of this section is to ensure that law enforcement agencies have the necessary tools to combat terrorism and prevent the financing of terrorist activities. Property forfeiture and restraint orders are key components of these efforts, as they allow authorities to confiscate assets that have been used or intended to be used to finance terrorism. Subsection 462.42(6) and sections 462.43 and 462.46 of the Criminal Code are the provisions that are referred to in section 83.15. Subsection 462.42(6) deals with the disclosure of information related to forfeiture proceedings, whereas sections 462.43 and 462.46 deal with appeals of forfeiture orders and the distribution of forfeited property. Section 83.15 specifies that these provisions apply to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5), which deal with the seizure and forfeiture of property in terrorism-related cases. This means that the same procedures and rules that apply to other forfeiture cases also apply to terrorist financing cases. It is important to note that the modifications mentioned in section 83.15 are intended to ensure that the provisions are applied in a manner that is appropriate for terrorism-related cases. For example, some of the modifications may include a higher standard of proof or a different set of factors that must be considered when deciding on the forfeiture of property in terrorism cases. Overall, section 83.15 is an important provision that helps to ensure that the tools available to law enforcement agencies in the fight against terrorism are effective. By applying the same procedures and rules to terrorism-related cases as to other forfeiture cases, this provision helps to maintain the integrity of the legal process and ensures that everyone is treated fairly and equally under the law.
STRATEGY
Section 83.15 of the Criminal Code of Canada is a provision that deals with the forfeiture and restraint of property involved in terrorism-related offenses. It refers to other sections of the Code, namely subsection 462.42(6), 462.43 and 462.46, which pertain to the forfeiture, disposition, and application of forfeited property. Strategic considerations when dealing with this section of the Code would depend on the specific circumstances of the case, including the nature of the alleged offense, the extent and value of the property involved, and the availability of legal resources. One key strategy would be to challenge the validity of the warrant or restraint order that led to the seizure or forfeiture of the property. This could involve arguing that the order was obtained on the basis of insufficient or flawed evidence, or that it violated the Charter rights of the accused or affected third parties. Another strategy would be to negotiate a plea deal or settlement with the prosecution that takes into account the value and disposition of the forfeited property. For example, the accused could offer to forfeit certain assets in exchange for reduced charges or a lighter sentence, or to agree to a specific use of the forfeited funds, such as restitution to victims or support for anti-terrorism initiatives. A third strategy would be to seek the assistance of forensic accountants or other financial experts in analyzing the alleged financial transactions and identifying any errors or inconsistencies in the prosecution's case. This could help to undermine the credibility of the prosecution's evidence and support a defense that the alleged offenses were not willful or intentional. Overall, the strategic considerations when dealing with Section 83.15 of the Criminal Code of Canada require a careful assessment of the available legal and financial resources, as well as a thorough understanding of the technicalities of criminal and financial law. By adopting a strategic approach, defendants accused of terrorism-related offenses can increase their chances of achieving a favorable outcome that protects their rights and interests.