Criminal Code of Canada - section 83.32(1.2)

section 83.32(1.2)

INTRODUCTION AND BRIEF DESCRIPTION

A committee must submit a report to Parliament within a year after a review, including recommendations on extending the operation of certain sections relating to terrorism.

SECTION WORDING

83.32(1.2) The committee referred to in subsection (1.1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 83.28, 83.29 or 83.3.

EXPLANATION

Section 83.32(1.2) of the Criminal Code of Canada is a provision that outlines the obligation of a committee to submit a report to Parliament with its recommendation concerning the extension of the operation of certain sections of the Code. Specifically, the committee referred to in subsection (1.1) is tasked with conducting a review of the operation of sections 83.28, 83.29, or 83.3 within a year after the review is undertaken, or within any further time that may be authorized by the Senate, the House of Commons, or both Houses of Parliament. This section is significant because it highlights the importance of periodic reviews of the Criminal Code's counter-terrorism provisions in order to ensure that they are both effective and necessary. The sections referred to in the provision offer legal tools to combat terrorism-related activities, including the creation of peace bonds, the imposition of preventive arrest measures, and the establishment of investigative hearings. By requiring a report with recommendations, the provision ensures that the committee's findings are carefully considered by Parliament and that any extension of the provisions' operation is justified. This process ensures that individual rights and freedoms are protected while also providing the legal means to prevent terrorist activities. Overall, section 83.32(1.2) is a critical aspect of Canada's counter-terrorism efforts and demonstrates the country's commitment to safeguarding its citizens.

COMMENTARY

Section 83.32(1.2) of the Criminal Code of Canada outlines the responsibility of a committee to submit a report with recommendations to Parliament regarding the extension of the operation of certain sections. The sections mentioned are section 83.28, which deals with the imposition of recognizances and peace bonds; section 83.29, which deals with the investigative hearings; and section 83.3, which deals with the pre-charge detention of individuals suspected of committing terrorist offenses. The purpose of this section is to ensure that a review of the aforementioned sections is conducted periodically, and any recommendations for extending their operation are presented to Parliament. This process ensures that these sections are being used in a manner that is consistent with the values of our society, and is necessary for maintaining public trust in the justice system. In the wake of terrorist attacks around the world, the Canadian government has taken a number of steps to strengthen its laws and policies to counter the threat of terrorism. These measures include the creation of new offenses related to terrorism, as well as the expansion of investigative powers to law enforcement agencies. As such, it is important to conduct periodic reviews of these measures to ensure that they are operating as intended, and that any unintended consequences are addressed. The review process mandated by section 83.32(1.2) provides an important avenue for scrutinizing these measures. The committee responsible for conducting these reviews is appointed by Parliament, and includes members of both the House of Commons and the Senate. This ensures that the review process is undertaken by a group of individuals who are representative of the Canadian public, and that the resulting recommendations are grounded in the values and aspirations of our society. The fact that the committee is required to submit its report within a year of conducting a review underscores the importance of timely action in matters related to national security. It is essential that the government of Canada remains vigilant in countering the threat of terrorism, and takes swift action when necessary to protect the safety and security of its citizens. The review process mandated by section 83.32(1.2) ensures that any extensions of the operation of the aforementioned sections are grounded in a careful consideration of the evidence, and that they are consistent with the values and aspirations of Canadian society. In conclusion, section 83.32(1.2) of the Criminal Code of Canada is an important safeguard against the misuse of powers granted to law enforcement agencies in the fight against terrorism. By mandating periodic reviews of certain sections of the Criminal Code, this provision ensures that any extensions to the operation of these sections are grounded in a careful consideration of the evidence, and are consistent with the values and aspirations of Canadian society. As such, this provision plays a critical role in maintaining public trust in the justice system, while also ensuring the safety and security of Canadians.

STRATEGY

Section 83.32(1.2) of the Criminal Code of Canada lays out the process for reviewing the operation of sections 83.28, 83.29, or 83.3 of the Criminal Code, which relate to preventative detention, recognizance with conditions, and peace bonds in cases where terrorism is suspected. The review is conducted by a committee appointed by the Senate, the House of Commons, or both Houses of Parliament. The committee is required to submit a report with its recommendations to Parliament within a year of conducting the review, or within a further time authorized by the Houses of Parliament. Given the seriousness of terrorism as a threat to national security, the review of these sections of the Criminal Code requires careful consideration and strategic planning. One important consideration is the need to balance national security interests with respect for individual rights and freedoms, particularly given that these provisions allow for detention, surveillance, and other restrictions on individuals who have not been convicted of any crime. Another key strategic consideration is the need to ensure that the review is conducted in a transparent and accountable manner. The review committee should be composed of members who are well-informed about national security and civil liberties issues, and who are able to conduct a thorough and unbiased analysis of the relevant legal and policy frameworks. The committee should also consult with experts in relevant fields, such as law enforcement, intelligence, or human rights, as well as with affected communities, such as religious groups or civil society organizations. To achieve these goals, several strategies could be employed. One strategy would be to establish clear and transparent guidelines for the review process, including timelines, procedures for gathering evidence and conducting consultations, and criteria for evaluating the effectiveness and proportionality of the relevant provisions. The review could also be conducted in a collaborative and participatory manner, with the committee engaging with relevant stakeholders and the public to ensure that a wide range of perspectives and interests are considered. Another strategy would be to ensure that the review committee has sufficient resources and expertise to conduct a rigorous and comprehensive analysis of the relevant legal and policy frameworks. This could involve providing the committee with access to relevant data and information, as well as funding to engage outside experts or conduct independent research. Finally, to ensure that the review results in meaningful and actionable recommendations, it will be important to engage with relevant government agencies and stakeholders throughout the process. This could involve seeking input and feedback from law enforcement agencies, intelligence agencies, and other government departments involved in national security, as well as from affected communities, human rights organizations, and other experts and stakeholders. Overall, effective planning and implementation of the review of sections 83.28, 83.29, or 83.3 of the Criminal Code requires careful consideration of the complex legal and policy issues involved, as well as a commitment to transparency, accountability, and collaboration with relevant stakeholders. By adopting strategies that prioritize these goals, Parliament can ensure that the review process leads to recommendations that promote both national security and human rights.