INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Governor in Council to establish a resolution to extend the operation of certain sections of the Criminal Code for up to five years.
SECTION WORDING
83.32(2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.28, 83.29 or 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.
EXPLANATION
Section 83.32(2) of the Criminal Code of Canada provides the Governor in Council with the power to establish a resolution that extends the operation of sections 83.28, 83.29 or 83.3 of the Criminal Code of Canada. These sections relate to terrorism-related activities and offences. The Governor in Council is the Canadian government's representative and is responsible for official ceremonies and for implementing the federal government's policies. The resolution must specify the duration of the extension, which cannot exceed five years from the day on which the resolution has been passed by both Houses of Parliament. The extension of the operation of these sections is made to help prevent and combat terrorism-related activities and offences, such as terrorist financing, facilitating terrorist activities, and participating in terrorist groups. To understand the importance of this provision, one must understand the threat of terrorism and its prevalence in today's world. Terrorist groups have increased in number and strength, and their objectives have become more diverse and ambitious. This has made it necessary for governments to create and strengthen anti-terrorism laws and regulations to protect their citizens. Section 83.32(2) of the Criminal Code of Canada is a proactive step in combating terrorism and preventing its occurrence in Canada. The resolution allows the government to extend certain provisions of the Criminal Code that are targeted at deterring terrorism-related activities and offences. By extending these provisions, the Canadian government is sending a clear message that terrorism will not be tolerated, and the government will take all necessary measures to prevent and address any terrorist-related activities. It is important to note that this provision has been enacted after careful consideration of the potential effects on fundamental human rights and freedoms. It ensures that the government does not overstep its boundaries while protecting its citizens from terrorism.
COMMENTARY
Section 83.32(2) of the Criminal Code of Canada grants extensive powers to the Governor in Council to extend the operation of sections 83.28, 83.29, or 83.3 concerning terrorism-related activities. The text of a resolution that specifies the period of the extension, not exceeding five years, can be established by the Governor in Council. The provision is part of the Canada's Anti-Terrorism Act, which was enacted in the aftermath of the 9/11 attacks in the United States. Many scholars and legal experts have criticized the provision, arguing that it gives excessive power to the executive branch and undermines the principle of parliamentary sovereignty. The executive branch can use the provision to extend the operation of the terrorism-related provisions without seeking approval from the parliament. Furthermore, the provision allows the executive branch to keep the public in the dark by not disclosing the text of the resolution, thus undermining transparency and accountability. Moreover, the provision raises concerns about the constitutionality of the Canada's Anti-Terrorism Act as a whole. The Act creates provisions that are overly broad and do not provide clear definitions of key terms like terrorism, offense, or terrorist activities. The provisions thus risk criminalizing legitimate political activities and speech, affecting the rights of Canadian citizens and residents. The provision also allows for the violation of fundamental rights such as freedom of expression, association, and assembly. The provision also runs counter to Canada's international human rights obligations, such as those enshrined in the International Covenant on Civil and Political Rights. The covenant guarantees freedom of expression, peaceful assembly, and association. Canada, as a signatory to the covenant, has an obligation to ensure that its laws and policies comply with its provisions. The provision of the Criminal Code is also likely to undermine Canada's standing as a human rights defender in the international community. In conclusion, section 83.32(2) of the Criminal Code of Canada is a problematic provision, which poses a risk to democracy, transparency, accountability, and human rights. The power to extend the operation of terrorism-related provisions should not be in the hands of the executive branch alone. Instead, it should require the approval of parliament, through a transparent and democratic process. The government must ensure that its laws and policies comply with international human rights standards and that Canadians' rights are protected. The current provision weakens Canada's democratic principles and could potentially harm Canadian citizens' rights.
STRATEGY
Section 83.32(2) of the Criminal Code of Canada enables the Governor in Council to establish a resolution extending the operation of sections 83.28, 83.29 or 83.3, which relate to the preventative detention of individuals suspected of terrorist activities. This provision is crucial in addressing the growing threat of terrorism in Canada, as it offers law enforcement agencies the means to preventively detain individuals who pose a threat to national security. The extension of this provision, however, can raise significant strategic considerations, including its impact on civil liberties and potential implications for international relations. One of the primary strategic considerations when dealing with this section of the Criminal Code is balancing national security concerns with civil liberties. Preventive detention is a significant interruption in an individual's civil liberties, and extending this provision can be viewed as an encroachment on Canadian democratic values. As such, it is essential to ensure that measures taken to prevent terrorism do not undermine democratic institutions or infringe on fundamental human rights. It is crucial to ensure that any extension of this provision is done in a way that respects individual rights and freedoms and is consistent with the Canadian Charter of Rights and Freedoms. Another strategic consideration is international relations. Canada must balance the need for preventive detention with its obligation to respect international human rights law. Canada is a signatory to international human rights conventions that prohibit torture and other cruel, inhuman, or degrading treatment or punishment, and preventive detention without cause can potentially violate these commitments. As such, international relations must be taken into account when extending this provision to ensure that Canada continues to be viewed as a global leader in the protection of human rights. One strategy that could be employed would be to establish an oversight mechanism to ensure that the power of preventive detention is used judiciously. This mechanism could include regular reviews of the detention of individuals and the establishment of clear criteria for detention, such as evidence of terrorist activities or a high likelihood of committing terrorist acts in the future. Such strict criteria would ensure that preventive detention is limited to cases where it is necessary and proportional and would help protect civil liberties. Another strategy that could be employed is to work closely with partner countries to share information and coordinate joint preventive efforts. International terrorism is a global problem, and effective prevention requires close cooperation with other countries. By sharing information and working with other countries, Canada can ensure that its preventive efforts are more effective, while also reassuring its partners that its actions are consistent with human rights and the rule of law. In conclusion, extending the operation of sections 83.28, 83.29, and 83.3 requires careful considerations of the impact on civil liberties and international relations. It is important to balance the need for preventive detention with individual rights and freedoms and respect for international human rights law. Establishing an oversight mechanism and working closely with partner countries can be effective strategies for ensuring that preventive detention is used judiciously, and Canada continues to be viewed as a global leader in the protection of human rights.