Criminal Code of Canada - section 83.32(1.1)

section 83.32(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

A committee must review sections related to terrorism in the Criminal Code of Canada.

SECTION WORDING

83.32(1.1) A comprehensive review of sections 83.28, 83.29 and 83.3 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

EXPLANATION

Section 83.32(1.1) of the Criminal Code of Canada deals with the comprehensive review of Sections 83.28, 83.29, and 83.3 of the Code and their operation. These sections relate to terrorism offenses, including the financing of terrorism, participating in or contributing to a terrorist group, and counseling or advocating terrorism. The section mandates that a review of these provisions and their operation must be conducted by a committee of the Senate, the House of Commons, or both houses of parliament as designated or established by either the Senate or the House of Commons or both. The purpose of the review is to assess the effectiveness of these provisions in preventing and combating terrorism in Canada. It is also to analyze if changes need to be made to the provisions to enhance their effectiveness and ensure they are consistent with Canadian values and constitutional rights. The comprehensive review ensures that the provisions are up-to-date with the current societal and legal landscape, and any necessary changes can be implemented. It also provides transparency and accountability to the Canadian public and international community. By conducting this review, the Canadian government can ensure that its counterterrorism measures continue to evolve and remain effective in protecting the country against the threat of terrorism.

COMMENTARY

Section 83.32(1.1) of the Criminal Code of Canada, which requires a comprehensive review of sections 83.28, 83.29 and 83.3 and their operation, is an important provision that underscores the need for ongoing evaluation and improvement of national security measures. The three sections mentioned in Section 83.32(1.1) deal with the implementation of measures aimed at preventing terrorist activities and the prosecution of those who engage in such activities. Section 83.28 allows a judge to issue a peace bond, which is a court order that requires an individual to comply with certain conditions (such as staying away from certain people or places) to prevent them from committing terrorist acts. Section 83.29 provides for the preventative arrest of individuals who are suspected of planning to carry out terrorist activities and who pose a threat to public safety. Section 83.3 sets out the offenses related to facilitating terrorist activities and instructing individuals to engage in such activities. The purpose of the review mandated by Section 83.32(1.1) is to ensure that these provisions are effective in preventing terrorist activities while also respecting individuals' rights and freedoms. The review may consider issues such as the scope of the provisions, the evidentiary requirements for issuing peace bonds or making preventative arrests, and the penalties for offenses related to facilitating terrorist activities. The fact that the provision requires the review to be conducted by a committee of the Senate, House of Commons, or both, underscores the importance of democratic oversight of national security measures. The review process should be conducted in a transparent manner, with stakeholders and experts given the opportunity to provide input and feedback. The review mandated by Section 83.32(1.1) is particularly important given the evolving nature of the terrorism threat. As methods of communication and travel have become more sophisticated, terrorist groups have adapted their tactics, making it more challenging for law enforcement and intelligence agencies to prevent attacks. By conducting a thorough review of these provisions, lawmakers can ensure that the legal framework for preventing and prosecuting terrorist activities remains robust and effective. In conclusion, Section 83.32(1.1) is an important provision that highlights the need for ongoing evaluation and improvement of Canada's national security measures. The mandatory review of sections 83.28, 83.29, and 83.3 and their operation is a vital step in ensuring that these provisions are effective in preventing terrorist activities while also respecting individuals' rights and freedoms. By conducting a transparent and comprehensive review, lawmakers can ensure that Canada remains vigilant in its efforts to prevent terrorism and protect its citizens.

STRATEGY

Section 83.32(1.1) of the Criminal Code of Canada lays out the requirement for a comprehensive review of sections 83.28, 83.29 and 83.3 and their operation to be undertaken by a committee of the Senate, the House of Commons, or both. This section of the Criminal Code relates to the prosecution of terrorism offences, and the review is intended to ensure that the legislation is operating effectively and efficiently. One of the key strategic considerations when dealing with this section of the Criminal Code is the need to balance national security concerns with the protection of human rights. While there is a clear need to identify and prosecute individuals who engage in terrorism, it is also important to ensure that the legislation does not infringe on the rights and freedoms of Canadians. Any review of these sections of the Criminal Code must be conducted with a clear understanding of this delicate balance and ensure that the interests of both national security and human rights are protected. Another strategic consideration is the need to ensure that the review is conducted in a thorough and transparent manner. Given the sensitive nature of terrorism-related legislation, it is important that any review is conducted with the highest level of rigor and scrutiny. This includes ensuring that all relevant stakeholders are consulted and that their views are taken into account. Transparency is also critical, as it ensures that the public has confidence in the review process and its outcomes. In terms of strategies that could be employed to ensure that the review is conducted effectively, there are several key steps that could be taken. Firstly, it is important to establish clear terms of reference for the review. This will ensure that the review is focused and that all relevant issues are considered. Additionally, a multidisciplinary approach may be useful, bringing together legal, security, and human rights experts to provide a comprehensive perspective on the legislation. Another strategy for ensuring the effectiveness of the review is to ensure that it is adequately resourced. This includes providing the necessary funding and staffing support to ensure that the review is thorough and comprehensive. Finally, it may be useful to engage with other jurisdictions that have faced similar challenges in dealing with terrorism, to learn from their experiences and insights. In conclusion, section 83.32(1.1) of the Criminal Code of Canada requires a comprehensive review of key terrorism-related legislation to ensure that it is operating effectively and efficiently while also protecting the rights and freedoms of Canadians. Strategic considerations when dealing with this section of the Criminal Code include balancing national security concerns with human rights, ensuring transparency and thoroughness in the review process, and adequately resourcing the review. Strategies for ensuring the effectiveness of the review include establishing clear terms of reference, adopting a multidisciplinary approach, and engaging with other jurisdictions for insights and best practices.