INTRODUCTION AND BRIEF DESCRIPTION
Subsections 810(4) and (5) also apply to proceedings under section 83.3 with any necessary modifications.
SECTION WORDING
83.3(14) Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section. 2001, c. 41, s. 4; 2013, c. 9, s. 10.
EXPLANATION
Section 83.3(14) of the Criminal Code of Canada is a provision that applies to proceedings under section 83.3 of the Code, which deals with terrorism-related offences. The section states that subsections 810(4) and (5) of the Code apply to these proceedings, with necessary modifications. Subsections 810(4) and (5) of the Code concern the court's power to impose conditions on persons who have reasonable grounds to fear that another person will commit an offence against them. These provisions authorize the court to impose conditions on persons who have been charged with an offence or who have a criminal record, in order to protect their victims or potential victims from harm. In the context of section 83.3, this means that the court may impose conditions on persons who have been charged with a terrorism-related offence or who are deemed to pose a threat to national security. These conditions may include restrictions on the person's movements, contacts, and activities, as well as requirements to report to authorities or to seek treatment or counseling. The purpose of this provision is to provide the court with a means to prevent potential terrorists from carrying out their plans and to protect the public from harm. By applying the same provisions that are used to protect victims of other offences, the Code seeks to ensure that the same level of protection is afforded to potential victims of terrorism-related offences. Overall, section 83.3(14) is an important provision in the fight against terrorism, as it enables the court to take preventive measures to protect the public from harm.
COMMENTARY
Section 83.3(14) of the Criminal Code of Canada is an important provision that specifies the application of other sections within the Criminal Code to proceedings under Section 83.3. The section specifies that Subsections 810(4) and (5) of the Criminal Code will apply, with any necessary modifications. Section 810 of the Criminal Code deals with peace bonds, which are legal documents used to keep the peace and prevent harm to individuals or property. Subsections 810(4) and (5) deal specifically with peace bonds related to terrorism, and they require the person who is subject to the bond to comply with certain conditions that are intended to prevent terrorism-related activities. The application of Subsections 810(4) and (5) to proceedings under Section 83.3 is significant because it helps ensure that the legal process for terrorism-related cases is consistent with other areas of the law. This consistency is important for several reasons. First, it promotes clarity and predictability in the law, which is essential for ensuring fairness and justice. Second, it helps prevent any confusion or uncertainty that might arise if different legal standards applied to different types of cases. In addition to promoting consistency, the application of Subsections 810(4) and (5) to proceedings under Section 83.3 is also important because it helps ensure that the legal system has the tools it needs to prevent terrorism-related activities. Peace bonds have been shown to be an effective way to prevent harm and to deter individuals from engaging in violent or extremist behaviour. By allowing courts to use these tools in terrorism-related cases, Section 83.3(14) helps ensure that the legal system is better able to protect Canadians from the threat of terrorism. Overall, Section 83.3(14) of the Criminal Code of Canada is an important provision that helps ensure consistency and effectiveness in the legal system's response to terrorism-related cases. It is an example of how the law evolves and adapts to changing circumstances, as lawmakers continue to develop new tools and strategies to prevent harm and protect Canadians. As such, it represents an important step forward in Canada's ongoing efforts to ensure the safety and security of its citizens, and it serves as an important reminder of the crucial role that the law plays in keeping our communities safe and secure.
STRATEGY
Section 83.3(14) of the Criminal Code of Canada stipulates that Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section. This section pertains to the preventive arrest of individuals who are suspected of planning or carrying out a terrorist attack. When dealing with this section of the Criminal Code of Canada, it is essential to take into account several strategic considerations. One key strategic consideration is the need to balance individual rights and public safety interests. While the preventive arrest of individuals suspected of terrorism can help prevent imminent attacks and protect public safety, it also entails a significant intrusion into the individual's liberty and privacy interests. As such, it is critical to ensure that preventive arrests are carried out only in situations where they are necessary to prevent an imminent attack and that they are subject to appropriate safeguards and oversight. Another strategic consideration is the need to employ intelligence and other forms of information gathering to identify individuals who are planning or carrying out terrorist attacks. Preventive arrests are often the result of intelligence-led investigations that involve monitoring and gathering information about individuals who are suspected of terrorist activity. As such, it is essential to ensure that law enforcement and intelligence agencies have the resources, tools, and expertise they need to effectively gather and analyze information about potential terrorist threats. A third strategic consideration is the need to collaborate and coordinate with other stakeholders and partners, both domestically and internationally. Preventing terrorism requires a multi-agency, multi-level, and cross-border approach that involves a wide range of stakeholders, including law enforcement, intelligence agencies, government departments, community organizations, and private sector actors. It is essential to establish effective communication channels, information-sharing protocols, and cooperation frameworks to enable timely and effective responses to potential terrorist threats. Some strategies that could be employed when dealing with Section 83.3(14) of the Criminal Code of Canada include: 1. Developing clear and comprehensive policies and procedures for the preventive arrest of individuals suspected of planning or carrying out a terrorist attack. These policies should outline the circumstances under which preventive arrests can be made, the criteria for determining when an imminent attack is likely, the procedures for carrying out preventive arrests, and the safeguards that will be put in place to protect individual rights. 2. Investing in intelligence gathering and analysis capabilities to enable law enforcement and intelligence agencies to identify and monitor individuals who are planning or carrying out terrorist attacks. This should include the development of advanced analytical tools and technologies, as well as partnerships with other countries and international organizations to enhance information sharing and collaboration. 3. Building strong partnerships and collaboration frameworks with community organizations, private sector actors, and other stakeholders to complement law enforcement and intelligence efforts. This could involve working with community leaders to build trust and cooperation, providing training and support to private sector actors to identify potential threats, and establishing public-private partnerships to enhance overall security. 4. Establishing effective oversight and accountability mechanisms to ensure that preventive arrest powers are used appropriately and in accordance with the law. This could include establishing independent review bodies, such as oversight committees or ombudspersons, to review and monitor the use of preventive arrest powers and ensure that individual rights are protected. In conclusion, dealing with Section 83.3(14) of the Criminal Code of Canada requires careful consideration of individual rights and public safety interests, as well as the need for effective intelligence gathering, stakeholder collaboration, and oversight and accountability mechanisms. By employing a comprehensive and strategic approach, law enforcement and other stakeholders can work together to prevent terrorist attacks and protect public safety while also upholding fundamental democratic values and human rights.