INTRODUCTION AND BRIEF DESCRIPTION
A judge can order the custody of an item relevant to a terrorism investigation.
SECTION WORDING
83.28(12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, may order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.
EXPLANATION
Section 83.28(12) of the Criminal Code of Canada pertains to the procedure to obtain evidence during an investigation of a terrorism offence. This section empowers the presiding judge with the authority to order the custody of any item produced during the course of the investigation to the peace officer or someone acting on behalf of the peace officer if the item is likely to be relevant to the investigation of any terrorism offence. The purpose of this provision is to provide the investigating agency with the power to secure any evidence that may be crucial to establish the existence of an offense or to identify the perpetrators of such crimes. In the context of the Criminal Code of Canada, terrorism offences are considered as serious crimes and are dealt with accordingly. This provision of the Criminal Code of Canada provides clarity with respect to the process by which the investigating agency may collect evidence during an investigation of a terrorism offence. Moreover, this section also ensures that the custody of the evidence produced during the investigation is handed over to a trusted authority rather than being left to individuals who may have mal-intentions towards the accused, thereby ensuring the protection of the rights of the accused. In conclusion, the provision outlined in Section 83.28(12) of the Criminal Code of Canada provides an essential tool for the investigating agency to obtain critical evidence during the course of an investigation of a terrorism offence while also ensuring the protection of the rights of the accused.
COMMENTARY
Section 83.28(12) of the Criminal Code of Canada grants the presiding judge the power to order the custody of any item produced during the course of an examination, if satisfied that it would likely be relevant to the investigation of a terrorism offence. This section empowers the courts to ensure that evidence crucial to detecting and prosecuting terrorist activities is safeguarded within the legal system. The Canadian government, like many other governments around the world, has been gradually strengthening its counter-terrorism measures over the years. Canada's criminal laws around terrorism have been amended many times, and Section 83.28(12) is one of several key provisions aimed at boosting the powers of police and intelligence agencies in their fight against terrorism. One of the primary purposes of Section 83.28(12) is to allow law enforcement officials to secure physical evidence quickly as they investigate allegations of terrorism. The presiding judge will have to be satisfied that the item in question is likely to be relevant to the investigation of any terrorism offence." This provision does not explicitly define terrorism offence," but it is assumed that it refers to any conduct that is aimed at causing serious harm to the public in furtherance of an ideological agenda. The word thing" in this section can refer to a broad range of items, including documents, electronic devices, and other materials. It is possible that this provision can be used to order the arrest of a person who is suspected of terrorism. For example, if the judge believes that a suspect's mobile phone contains evidence significantly related to terrorism offenses, the phone may be taken into custody to prevent the suspect from tampering with or destroying the evidence. The phrase someone acting on the peace officer's behalf" is significant in this section because it allows investigations to proceed even when the lead investigator is not present. This provision permits the delegation of responsibilities and powers to other law enforcement officials through legal channels. While the provision in question is essential to the fight against terrorism in Canada, it could also be open to abuse if not appropriately applied. The presiding judge must make decisions based on available evidence and ensure that there is no infringement of the rights of individuals, particularly the rights to privacy and protection against unreasonable search and seizure. Moreover, there must be procedures in place for securing any item taken into custody. Section 83.28(12) is only one component of a more extensive legal framework for terrorism prevention and response. A holistic approach is necessary, including appropriate training for law enforcement officers, to avoid causing unnecessary panic or infringing on the rights of individuals. To sum up, Section 83.28(12) is a crucial legal provision that grants the courts the power to order the custody of any physical item produced during an investigation that may be related to terrorism offenses. This section empowers law enforcement officials and strengthens Canada's counter-terrorism measures. At the same time, its application must be reasonable and in line with Canadians' constitutional rights.
STRATEGY
Section 83.28(12) of the Criminal Code of Canada gives the presiding judge the discretion to order that anything produced during the examination of a person suspected of committing terrorism offences be given into the custody of a peace officer or someone acting on their behalf if the thing is likely to be relevant to the investigation of the offence. This provision serves as a tool to aid in terrorism investigations, providing the means to collect evidence in a timely and efficient manner. However, there are strategic considerations that must be taken into account when dealing with this section of the Criminal Code, as it can be used in a variety of ways to gather information and evidence. The first strategic consideration when dealing with section 83.28(12) is the scope of the order. The presiding judge may order that any thing produced during the examination be given into the custody of the peace officer, provided it is relevant to the investigation of terrorism offences. This is a broad provision, and it may be tempting for law enforcement to seek and obtain almost limitless powers to seize and hold items that could be related to the investigation. However, it is important to remember that the order must be tailored to the scope of the investigation, as an overly broad order risks violating civil liberties and causing unnecessary delays to the investigation process. Another strategic consideration when dealing with this section is the timing of the order. To obtain an order under Section 83.28(12), the presiding judge must be satisfied that the item produced will be relevant to the investigation. This means that the sooner terrorism investigations can begin, the better. Law enforcement should therefore act quickly and decisively when potential terrorist activity is detected, ensuring that there is enough time to gather the evidence necessary to obtain relevant orders. On the other hand, it is important to balance this need for speed with the need to follow due process and avoid infringing on civil liberties. A third strategic consideration is the use of the order in the investigation process. Section 83.28(12) provides an expedited process for collecting evidence, allowing law enforcement to quickly obtain custody of relevant objects. This can help investigators move forward and make progress in the investigation. However, it is important to keep in mind that any object seized must be analysed and authenticated before it can be used as evidence in court. It is therefore important to use resources strategically to ensure that all seized objects are analysed as quickly and efficiently as possible, enabling prosecutors to build their case in a timely manner. Strategies that could be employed to maximize the usefulness of Section 83.28(12) could include investing in new technologies and tools that can help law enforcement quickly identify and authenticate relevant objects. For example, machine learning algorithms could be used to quickly analyze digital devices and determine which files are relevant to an investigation. Additionally, law enforcement should prioritize training and education for officers involved in terrorism investigations, giving them the skills and knowledge necessary to effectively use Section 83.28(12) and other tools at their disposal. In summary, Section 83.28(12) of the Criminal Code of Canada is an important tool for collecting evidence in terrorism investigations. However, it is crucial to use this tool strategically, taking into account the scope of the order, the timing of the order, and the use of the evidence obtained. By doing so, law enforcement can maximise the usefulness of this provision, balancing the need for speedy investigations with the need to respect civil liberties and ensure due process.