INTRODUCTION AND BRIEF DESCRIPTION
A peace officer can only apply for a preventative detention order with the Attorney Generals consent.
SECTION WORDING
83.28(3) A peace officer may make an application under subsection (2) only if the Attorney General’s prior consent was obtained.
EXPLANATION
Section 83.28(3) of the Criminal Code of Canada is a provision that sets forth certain requirements that must be met before a peace officer can make an application under subsection (2) to a judge for a recognizance with conditions. Specifically, this provision stipulates that a peace officer cannot apply for a recognizance with conditions without first obtaining the consent of the Attorney General. This provision is intended to ensure that applications for recognizances with conditions are only made in cases where there is a clear and compelling need to do so. The Attorney General is a key figure in the criminal justice system, responsible for advising the government on legal matters and overseeing the prosecution of criminal offences. By requiring peace officers to obtain the Attorney General's consent before making an application for a recognizance with conditions, the provision allows for an additional layer of oversight and accountability in the process. Furthermore, this provision helps to ensure that the use of recognizance with conditions is consistent with the principles of fundamental justice. By requiring the Attorney General's consent, the provision ensures that the decision to seek a recognizance with conditions is informed by a careful assessment of the relevant evidence and legal considerations. In addition, the provision helps to guard against arbitrary or malicious use of this tool by limiting the ability of individual peace officers to make such applications without appropriate oversight. Overall, Section 83.28(3) of the Criminal Code of Canada is an important safeguard that helps to ensure that the use of recognizance with conditions is both necessary and proportional in cases where it is sought. By requiring the consent of the Attorney General, the provision ensures that applications are made in a manner that is consistent with the principles of fundamental justice and the rule of law.
COMMENTARY
Section 83.28(3) of the Criminal Code of Canada lays down a very important provision for peace officers in Canada. The section states that a peace officer shall not submit an authorization application if they have not received prior consent from the Attorney General. This provision stems from the fact that terrorism-related offenses are severe crimes that can have far-reaching consequences. Therefore, it is imperative that all applications related to terrorism offenses be thoroughly examined by the Attorney General or a delegate. The consent of the Attorney General signifies that the authorization application submitted by the peace officer contains substantial evidence to warrant the authorization for investigation, search, and seizure of persons, property, or documents. This provision gives powers to the Attorney General, enabling them to prevent unwarranted and unlawful abuse of power by peace officers. The Attorney General, as the chief prosecutor, has a duty to ensure that all applications submitted by peace officers are within the ambit of the law and the constitution of Canada. The provision also highlights the importance of the principle of separation of powers between the judicial, executive, and legislative arms of government. The Attorney General, being part of the executive arm of government, has to oversee the actions of peace officers who are part of the law enforcement arm of the government. The provision ensures that peace officers do not act on their own volition but rather within the law and the Constitution of Canada. Section 83.28(3) of the Criminal Code is also essential in protecting the rights of individuals who may be affected by a terrorism investigation, search, and seizure. The provision ensures that an external authority within the government, in this case, the Attorney General, evaluates the application with due diligence and ensures that the application does not infringe on the rights of individuals as guaranteed under the Canadian Charter of Rights and Freedoms. The Attorney General can only give consent to investigations, searches, and seizures that do not contravene individual rights, which is critical in upholding the rule of law. In conclusion, Section 83.28(3) of the Criminal Code of Canada outlines a crucial provision for peace officers in Canada intending to investigate, search, and seize individuals and documents related to terrorism activities. The provision ensures that only authorized persons can carry out investigations, searches, and seizures, which are sanctioned by the Attorney General. Such authorization is only granted after a thorough examination of the application has been conducted to determine its legality and constitutionality. This provision enhances transparency and accountability and, most importantly, limits the power of peace officers and prevents them from abusing their power. It allows for the effective execution of anti-terrorism laws in Canada while upholding individual rights as enshrined in the Canadian Charter of Rights and Freedoms.
STRATEGY
Section 83.28(3) of the Criminal Code of Canada lays out a crucial requirement for law enforcement officers looking to make an application to a judge for a peace bond. This section stipulates that a peace officer may only make such an application if they have obtained the prior consent of the Attorney General. Failing to meet this requirement can result in the application being deemed invalid and may lead to significant consequences for the officer involved. As such, it is important for law enforcement agencies to consider several strategic considerations when dealing with this section of the Criminal Code. First and foremost, obtaining the Attorney General's consent can be a significant hurdle for officers looking to make an application for a peace bond. Given the complexities and nuances of the law governing peace bonds, the Attorney General may be reticent to provide blanket consent for every application that comes their way. Officers must therefore be adequately prepared and equipped with the necessary evidence and information to justify their request for a peace bond. This may involve conducting extensive investigations, gathering witness statements or developing an in-depth understanding of the subject at hand. Secondly, an officer's relationship with the Attorney General's office is also a crucial consideration when it comes to obtaining consent for a peace bond. Relationships built on trust, mutual understanding and sound communication can often be the key to a successful application. By maintaining close contact with the Attorney General's office, officers can ensure that any and all concerns or reservations are addressed in a timely and effective manner. Lastly, timing and context are also important factors when it comes to dealing with section 83.28(3). While officers need to be prepared and equipped with evidence to justify their request for a peace bond, they must also ensure that their application is being made at a strategic moment in time. This may involve understanding the political climate, local crime trends or the broader context in which the application is being made. By understanding the external factors at play, officers can ensure that they are able to leverage the most favourable circumstances when it comes to obtaining consent from the Attorney General's office. In order to navigate these strategic considerations, there are several strategies that law enforcement agencies may employ when dealing with section 83.28(3). These include: 1. Developing strong working relationships with the Attorney General's office to ensure that officers have access to timely and effective communication when it comes to obtaining consent for peace bonds. 2. Investing in investigative resources and expertise to ensure that officers are equipped with the evidence and information necessary to justify their request for a peace bond. 3. Establishing a culture of awareness and understanding around section 83.28(3) among officers to ensure that they are well-informed and able to navigate the application process effectively. 4. Keeping apprised of local crime trends and political developments to ensure that applications for peace bonds are made at a strategic moment in time. In conclusion, Section 83.28(3) of the Criminal Code of Canada lays out a significant requirement for officers looking to make an application for a peace bond. By understanding the strategic considerations associated with this section, and investing in the necessary resources and expertise, law enforcement agencies can ensure that they are well-equipped to navigate the complexities of the application process. By employing the right strategies, agencies can increase their chances of obtaining consent from the Attorney General's office, and ultimately ensure that they are able to use peace bonds as an effective tool to maintain public safety and security.