Criminal Code of Canada - section 83.16(2) - Appeal of Refusal to Grant Order

section 83.16(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies the provisions of Section 462.34 to an appeal related to a refusal to grant an order under subsection 83.14(5).

SECTION WORDING

83.16(2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

EXPLANATION

Section 83.16(2) of the Criminal Code of Canada pertains to the process of appeal for a refusal to grant an order under subsection 83.14(5). This section refers to Section 462.34, which outlines the rules and procedures for appeals related to the Criminal Code of Canada. As such, Section 83.16(2) indicates that these procedures will also apply to appeals regarding refusals to grant specific orders under subsection 83.14(5). Subsection 83.14(5) gives the court the power to make orders related to the prevention of terrorist activity. This section allows the court to impose a variety of measures such as prohibiting communication, imposing curfews, or placing individuals under surveillance in order to prevent or disrupt terrorist activity. If an individual or organization requests such an order and the court refuses to grant it, they may appeal the decision. In order to facilitate this process and ensure that appeals follow appropriate guidelines, Section 462.34 is incorporated. This section establishes the procedures for appealing decisions related to the Criminal Code of Canada, including the necessary paperwork, timelines, and court protocols. The extent to which these procedures are applied may vary depending on the specific circumstances of the appeal. Overall, Section 83.16(2) is an important provision in the Criminal Code of Canada as it establishes the guidelines for appeals related to orders to prevent terrorist activity. This ensures that the appeal process is fair and transparent, and that all parties involved understand the legal proceedings involved.

COMMENTARY

Section 83.16(2) of the Criminal Code of Canada deals with appeals in relation to the refusal to grant an order under subsection 83.14(5). This section incorporates Section 462.34 of the Criminal Code, with certain modifications as necessary to the specific situation. Section 462.34 provides for appeals against decisions made by a court relating to property forfeiture, and includes provisions such as establishing the grounds for appeal, the time limits for filing an appeal, and the process for determining the appeal. The purpose of this provision is to ensure that there is a clear and consistent process for appealing a refusal to grant an order under subsection 83.14(5), which relates to the forfeiture of proceeds and instruments of crime. Subsection 83.14(5) allows for a court to order the forfeiture of property that is related to the commission of a terrorism offence, and specifically targets proceeds of crime and instruments used to commit an offence. By incorporating Section 462.34, the Criminal Code provides a framework for appeals against decisions related to the forfeiture of property in the context of terrorism offences. This is an important aspect of anti-terrorism legislation, as it ensures that the forfeiture provisions of the Criminal Code are subject to judicial review and oversight, and that individuals who believe their property has been wrongfully seized have an avenue for appeal. One potential issue with this provision is that it may not provide adequate protection for individuals whose property has been seized under the guise of anti-terrorism measures, but who are not actually involved in terrorist activities. There have been numerous cases in which individuals have had their property seized based on suspicion of involvement in terrorist activity, only to have the charges dropped later due to lack of evidence. In such cases, the Criminal Code's appeals process may not be sufficient to protect innocent individuals from losing their property. Overall, Section 83.16(2) is an important provision of the Criminal Code that ensures a consistent process for appealing decisions relating to the forfeiture of property in the context of terrorism offences. While there are potential limitations to the protection it provides, the provision represents an important safeguard against wrongful seizures of property.

STRATEGY

Section 83.16(2) of the Criminal Code of Canada relates to appealing a refusal to grant an order under subsection 83.14(5), which deals with preventive arrest and investigative hearings in the context of terrorism. In dealing with this section strategically, there are several things to consider. Firstly, it is important to understand the key modifications that apply under section 462.34 to an appeal in this context, as these will affect the strategy and tactics employed. Section 462.34 applies to appeals from a decision of a judge granting or refusing an order that falls within the ambit of certain provisions of the Criminal Code, including section 83.14(5). Among other things, this provision sets out the grounds on which an appeal may be brought, the procedural requirements for doing so, and the standard of review that applies. Some of the key modifications that may apply to appeals under section 83.16(2) include the time frame for filing an appeal and the availability of certain remedies such as bail pending appeal. Secondly, it is important to consider the nature of the decision being appealed and the legal and factual issues involved. In the context of section 83.14(5), an investigative hearing may be ordered if there are reasonable grounds to believe that a terrorism offence has been or may be committed and the hearing is necessary to prevent the commission of such an offence. If an application for such an order is refused, an appeal may be taken on a number of grounds, including errors of law or fact, failure to give adequate reasons, or a finding that the hearing is not necessary to prevent terrorism. Depending on the specific issues involved, the strategy for appealing may involve a focus on legal arguments, factual evidence, or a combination of both. Thirdly, it is important to consider the potential outcomes and consequences of the appeal, both for the accused and for the broader public interest in preventing terrorism. In some cases, an appeal may result in the order being granted and the accused being subject to investigative measures, such as being required to answer questions or provide documents. Alternatively, an appeal may result in the order being refused and the accused being released from custody or other restrictions. In some cases, the appeal may also have broader implications for the interpretation and application of the law relating to preventive arrest and investigative hearings in the context of terrorism. Given these factors, some strategies that could be employed in dealing with section 83.16(2) of the Criminal Code could include: - Conducting a thorough analysis of the legal and factual issues involved in the case, including the basis for the refusal to grant the order and any potential grounds for appeal. - Crafting a detailed and persuasive legal argument based on the relevant law, case law, and policy considerations. - Gathering and presenting evidence that supports the argument, including expert testimony, affidavits, or other documents. - Considering the potential impact of the appeal on the accused and the broader public interest in preventing terrorism, and tailoring the strategy accordingly. - Engaging with relevant stakeholders, such as lawyers, advocacy groups, and community members, to build support for the appeal and raise awareness of the issues at stake. - Ensuring that procedural requirements are met, such as filing deadlines and the availability of appropriate remedies. - Considering the potential risk and benefits of various courses of action, such as proceeding with the appeal, seeking a negotiated resolution, or pursuing other legal avenues.