section 83.29(3)

INTRODUCTION AND BRIEF DESCRIPTION

After arresting a person under a warrant, a peace officer must promptly bring them before the issuing judge or another judge of the same court, who may order detention or release on recognizance.

SECTION WORDING

83.29(3) A peace officer who arrests a person in the execution of the warrant shall, without delay, bring the person, or cause them to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

EXPLANATION

Section 83.29(3) of the Criminal Code of Canada outlines the procedure for arresting an individual who is the subject of a warrant issued under the Anti-terrorism Act. The section requires that the peace officer who arrests the person must bring them before the judge who issued the warrant or another judge of the same court, without delay. The purpose of bringing the person before the judge is to ensure compliance with the order contained in the warrant. Upon appearing before the judge, the person may be detained in custody or released on recognizance, either with or without sureties. This decision is at the discretion of the judge and is based on the individual circumstances of the case. If the judge determines that the person should be detained in custody, then they will remain in custody until their next court appearance or until they are released on bail. If the judge releases the person on recognizance, then they may be required to meet certain conditions, such as reporting to a probation officer or staying away from certain individuals or locations. The purpose of this section of the Criminal Code is to ensure that individuals who are the subject of anti-terrorism warrants are brought before a judge as soon as possible, in order to ensure compliance with the order and to prevent further harm to public safety. By requiring that the accused person be brought before a judge, the section helps to ensure that their rights are protected and that they are treated fairly under the law. Overall, this section plays a critical role in maintaining public safety and upholding the principles of justice and fairness in the Canadian legal system.

COMMENTARY

Section 83.29(3) of the Criminal Code of Canada outlines the procedure to be followed when a person is arrested in relation to a terrorism-related offence. It requires that a peace officer who arrests a person in the execution of the warrant must bring that person before the judge who issued the warrant or another judge of the same court without delay. The purpose of this provision is to ensure that the individual arrested is brought before a judge as quickly as possible in order to determine whether they should be detained in custody or released on recognizance. This is important because the arrest of a person suspected of terrorism-related offences can have serious implications for their personal freedom and liberties. The provision gives the judge wide discretion to order that the person be detained in custody, or released on recognizance, with or without sureties, in order to ensure compliance with the order. This means that the judge can take into account factors such as the nature of the offence, the likelihood of flight, the risk of reoffending, and the public safety when making a decision. The provision is important for several reasons. Firstly, it ensures that the rights of the individual are protected. The requirement that the person be brought before a judge without delay ensures that they have access to due process and are not held in custody for an indefinite period of time without any judicial oversight. Secondly, the provision is important for public safety and national security. The judge has the power to order that the person be detained in custody if they pose a threat to public safety, or if there is a risk that they will commit further terrorism-related offences. This ensures that individuals who pose a threat to public safety are not released into the community where they can potentially cause harm. Finally, the provision is important for the effective administration of justice. By requiring that the person be brought before a judge without delay, it ensures that there is judicial oversight of the arrest and detention process. This helps to ensure that the rule of law is upheld and that the criminal justice system operates effectively and fairly. In conclusion, section 83.29(3) of the Criminal Code of Canada is an important provision that helps to ensure that the rights of individuals arrested in relation to terrorism-related offences are protected, while also ensuring public safety and the effective administration of justice. Its importance lies in its ability to strike a balance between protecting the individual's rights and protecting public safety.

STRATEGY

Section 83.29(3) of the Criminal Code of Canada outlines the responsibility of peace officers to arrest individuals who are subject to a warrant issued under the Anti-terrorism Act and bring them before a judge without delay. This section of the Criminal Code has significant implications for law enforcement agencies when dealing with cases related to terrorism and national security, and requires careful strategic considerations to ensure a successful outcome. One of the primary strategic considerations when dealing with Section 83.29(3) of the Criminal Code is the potential for public scrutiny. Terrorism-related arrests can generate significant media and public attention, and failing to comply with the provisions of the Criminal Code can have serious reputational and legal consequences for police agencies. As such, law enforcement agencies must ensure that they are fully aware of their obligations under the Criminal Code and take steps to comply with them in a timely and responsible manner. Another important consideration when dealing with Section 83.29(3) is the potential for resistance or violent confrontations. Arrests related to terrorism and national security can be highly charged and emotionally charged, particularly if the individual being arrested is perceived as a threat to public safety. As such, peace officers must exercise extreme caution when executing warrants under this section of the Criminal Code and be prepared to use force if necessary to protect themselves and others. In addition to these considerations, law enforcement agencies may also need to employ a range of strategic tactics to ensure successful outcomes when dealing with Section 83.29(3). One strategy that may prove effective is to establish close partnerships with other law enforcement agencies and intelligence services. This can help to streamline the process of executing warrants and ensure that all relevant information is shared in a timely and effective manner. Another effective strategy may be to develop robust communication plans to ensure that all stakeholders, including the media and members of the public, are kept informed about key developments in cases related to terrorism and national security. This can help to build public trust in law enforcement agencies and ensure that individuals who are arrested under Section 83.29(3) are treated fairly and appropriately. In conclusion, Section 83.29(3) of the Criminal Code of Canada is a crucial provision that outlines the responsibilities of peace officers when executing warrants related to terrorism and national security. As such, law enforcement agencies must carefully consider a range of strategic considerations when dealing with this section of the Criminal Code, including potential public scrutiny, the potential for resistance or violent confrontations, and the need to employ effective tactics to ensure successful outcomes. By carefully considering these factors and deploying effective strategies, law enforcement agencies can help to ensure that public safety is protected and that individuals who are subject to anti-terrorism warrants are dealt with fairly and appropriately.