INTRODUCTION AND BRIEF DESCRIPTION
Section 83.28(7) of the Criminal Code of Canada allows for judges to alter the terms and conditions of an order they have previously made. This section is particularly relevant in situations where a judge has issued an order to prevent terrorism and the circumstances have subsequently changed, or new information has come to light that warrants a modification of the order. For example, if a judge has issued an order that imposes certain conditions on an individual suspected of engaging in terrorism-related activities, such as restrictions on travel or communication, and new evidence emerges that indicates the individual is no longer a threat, the judge may use this section to modify or lift some of the restrictions. In practice, the judge who issued the original order is typically the one who will consider any variations, as they are already familiar with the case and understand the rationale behind the original order. However, other judges from the same court are also permitted to make alterations, which provides some flexibility to ensure that orders can be updated even if the original judge is not available. Overall, section 83.28(7) is an important provision within the Criminal Code of Canada, as it allows for adjustments to be made to orders designed to prevent terrorism as situations evolve. This section reinforces the importance of judges having the discretion to make appropriate decisions in the context of the law, while still upholding individual rights and freedoms.
Section 83.28(7) of the Criminal Code of Canada provides the ability for a judge to vary the terms and conditions of an order that they have previously made. This section is a crucial component of Canada's legal system and is essential in ensuring that the judge's decision is based on the most up-to-date information available. It is important to note that section 83.28(7) allows a judge to modify an order made under section 83.28 of the Criminal Code, which deals with terrorism-related offences. The section provides conditions that the court can impose on an individual who has been charged with an offence under this section and released on bail. These conditions are often stringent and necessary to ensure public safety. However, in certain circumstances, the original terms and conditions of an order may no longer be relevant or may need to be changed. For example, if new evidence comes to light that reduces the risk that an accused may flee or re-offend, a judge may vary the conditions of the order accordingly. This flexibility allows for a more nuanced and individualized approach to justice, ensuring that the punishment fits the crime and the offender. The Section provides a degree of discretion for the judge dealing with the case. The new judge is given the power to evaluate the reasons of the previous judge's decision and determine whether to make any necessary changes. As such, the responsibility rests on the shoulders of judges to be responsive, aware, and well-informed. A judge must take into account any additional information or evidence that may come to light after the initial order was made. They must consider the interests of the accused and the public, while recognizing that variations to the original order could be either beneficial or detrimental to either party. Furthermore, the amendment of the terms and conditions of an order under section 83.28(7) does not require the accused to be present in court. This allows for a more efficient administration of justice, as minor changes to the original order can be made without causing undue delays or requiring the offender to be brought back into custody. Overall, section 83.28(7) of the Criminal Code of Canada provides judges with the necessary flexibility to adapt to new circumstances. It ensures that the terms and conditions of an order remain relevant and appropriate, while respecting the rights of the accused and upholding the safety of the public. Judges who exercise this discretion must do so judiciously, taking into account all relevant factors, to ensure that justice is delivered in a fair and effective manner.
Section 83.28(7) of the Criminal Code of Canada provides the judge who made the order or another judge of the same court, the power to vary the terms and conditions of the order. This section suggests certain strategic and legal considerations that need to be taken into account when approaching such a situation. One strategy that could be employed is to communicate with the presiding judge before making any formal applications to vary the terms and conditions of the order. This approach can help parties obtain guidance on the process, substance, and standards that must be met, and the types of conditions that may be considered in the variation. This strategy can save time and resources while enhancing the possibility of obtaining the desired variation. Another strategic consideration in dealing with section 83.28(7) is the purpose of the initial order. The order will typically be imposed to protect public safety and national security. Therefore, the variation must balance the individual's interests, while still acknowledging public safety interests. For instance, if the terms and conditions imposed are nearly unbearable, the judge may reduce them to become more reasonable, while still ensuring an acceptable level of protection to public safety. In light of the importance attached to national security, parties who want to apply for variation must show good cause. The court will require evidence showing why the variation is justified, and that it will have only minimal effects on the objectives initially sought. If the defendant was found to be a part of a group whose criminal activities posed serious threats to national security, the judge may be less likely to grant variation. The timing of the variation application is another crucial strategic consideration. Defendants may decide to wait before making an application until a significant change in conditions allows the defendant to make a more favorable argument. For instance, a defendant may wish to wait until they have served a significant portion of their sentence before applying for an early release. This approach may provide a stronger argument that the defendant no longer poses a danger to society and the national security situation has changed. One other strategy that could be utilized is to carefully consider the nature of the variation requested and ensure that it is appropriate for the specific circumstances of the individual in question. Where the modification sought is minor, often the consent of the other party will be enough to secure the variation. However, if it is significant, such as a complete removal of the conditions, a more compelling argument may be required, such as additional expert opinions. In conclusion, strategic considerations are crucial when dealing with Section 83.28(7) of the Canadian Criminal Code. Varying the terms and conditions of the order requires careful legal analysis, effective presentation, and evidence-based argumentation. Communication with the presiding judge, understanding the purpose of the order, showing good cause, timing the application, and making an appropriate request are all strategies that could be employed effectively in seeking a variation.