INTRODUCTION AND BRIEF DESCRIPTION
A peace officer must either lay an information or release a person arrested without a warrant for terrorism offenses within a specific time frame.
SECTION WORDING
83.3(5) If a peace officer arrests a person without a warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b), (a) lay an information in accordance with subsection (2); or (b) release the person.
EXPLANATION
Section 83.3(5) of the Criminal Code of Canada deals with the arrest of individuals suspected of engaging in terrorism. The section outlines the steps that peace officers must take when arresting a suspect without a warrant under specific circumstances. Subparagraph (4)(a)(i) of the section describes the circumstances in which a peace officer can arrest a person without a warrant. This includes situations where the officer has reasonable grounds to believe that someone has committed, or is about to commit, a terrorism offense. If a peace officer arrests an individual under these circumstances, they are required to take action within a certain timeframe. Paragraph (6)(a) or (b) outlines the time requirements, depending on the circumstances of the arrest. The peace officer has two options. They can either lay an information in accordance with subsection (2) or release the person. Laying an information involves formally charging the individual with a terrorism offense. This process leads to a trial where the individual can defend themselves against the charges. Releasing the person means letting them go free. This could happen if the peace officer determines that there is not enough evidence to justify charging them with a terrorism offense. It is important to note that releasing the person does not rule out the possibility of future charges. Overall, Section 83.3(5) ensures that peace officers follow specific procedures when arresting individuals suspected of terrorism offenses. The section is designed to protect the rights of both the suspect and society as a whole. By following these procedures, peace officers can ensure that justice is served and that the public is kept safe from acts of terrorism.
COMMENTARY
Section 83.3(5) of the Criminal Code of Canada outlines the procedure that a peace officer must follow when making an arrest without a warrant in certain circumstances. This provision is part of the broader framework that governs preventative arrests in Canada, which are designed to allow police officers to intervene in situations where there is a significant risk of imminent terrorist activity. The circumstances described in subparagraph (4)(a)(i) refer to situations where a peace officer has reasonable grounds to believe that a terrorist activity is being carried out or is about to be carried out, and that making an arrest without a warrant is necessary to prevent the activity from being carried out. In such cases, the officer is authorized to make an arrest without a warrant. However, this power is not absolute. The officer must follow the procedure outlined in section 83.3(5) if they make an arrest in such circumstances. The officer is required to, within the time prescribed by paragraph (6)(a) or (b), either lay an information in accordance with subsection (2), or release the person. Subsection (2) of section 83.3 provides that if a peace officer believes on reasonable grounds that a person has committed, or is about to commit, a terrorism offence, the officer may lay an information before a justice of the peace. The justice of the peace may then issue a warrant for the arrest of the person, or may order that the person be released. Paragraph (6)(a) provides that if a person is arrested with a warrant, the peace officer must bring them before a justice of the peace as soon as practicable, but in any case within 24 hours. Paragraph (6)(b) provides that if a person is arrested without a warrant, the peace officer must bring them before a justice of the peace as soon as practicable, but in any case within 48 hours, excluding Saturdays, Sundays, and holidays. This provision is important for safeguarding the rights of individuals who may be subject to preventative arrests. It ensures that individuals are not held in custody for an unreasonable amount of time without being charged with an offence. It also ensures that the judicial system has oversight over the actions of peace officers in carrying out preventative arrests. However, some have criticized the provision for being too broad, and for giving peace officers too much discretion in making arrests without a warrant. They argue that the provision could be used to justify the arrest of individuals who are not actually engaged in terrorist activity, but who may be perceived as a threat by law enforcement officials. Overall, section 83.3(5) of the Criminal Code of Canada is an important provision for regulating preventative arrests in Canada. It strikes a balance between the need for law enforcement to intervene in situations where there is a significant risk of terrorism, and the need to protect the rights of individuals who may be subject to preventative arrests.
STRATEGY
Section 83.3(5) of the Criminal Code of Canada lays out a specific process that must be followed when a peace officer arrests someone without a warrant in circumstances described in subparagraph (4)(a)(i). These circumstances generally relate to situations where there are reasonable grounds to believe that an individual has committed or is about to commit a terrorist offense and there is a risk that they will cause harm. In such cases, the peace officer must either lay an information according to subsection 83.3(2) or release the person within a prescribed time frame. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. Firstly, it is important to assess the situation carefully and determine whether an arrest without a warrant is necessary. This will involve considering factors such as the severity of the offense, the potential harm that the individual could cause, and whether there are any other measures that could be taken to mitigate the risk. Once an arrest has been made, there are several strategies that can be employed to comply with the requirements of subsection 83.3(5). One of the most important is to ensure that the proper paperwork is filed within the prescribed time frame. This will involve laying an information in accordance with subsection 83.3(2) or releasing the person, depending on the circumstances. Another important consideration is to assess any legal risks that may arise from the arrest. This may involve seeking legal advice and ensuring that the arrest has been carried out in accordance with the law. It is also important to document all aspects of the arrest and subsequent process in case of any legal challenges down the line. Furthermore, it is essential to consider the potential impact of the arrest on the individual and on community relations more broadly. This may involve weighing up the benefits of disrupting a potential terrorist offense against the potential harm caused by the arrest, such as damage to reputation or negative community reactions. Strategies such as engaging with community leaders or providing support to the individual and their family may help to mitigate any negative impact. Finally, it is important to consider the wider implications of the arrest in terms of national security. For example, if the arrested individual is linked to a wider terrorist network, it may be necessary to share information and cooperate with other law enforcement agencies both within Canada and internationally. Overall, when dealing with section 83.3(5) of the Criminal Code of Canada, it is essential to approach the situation carefully, methodically, and strategically. By taking into account all of the relevant factors and considering a range of strategies, peace officers can ensure that they comply with the law while also protecting national security and achieving positive outcomes for all parties involved.