Anti-Terrorism Act 2003 Reporting

Requirement for the Attorney General and Solicitor General of the Province of British Columbia to publish an annual report for 2003 that includes the following:

83.31(1) - Reporting requirement by Attorney General

A peace officer may apply ex parte to a provincial court judge or a judge of the superior court of criminal jurisdiction for the purposes of an investigation of a terrorism offence for an order for gathering information. This application can only be made with the consent of the Attorney General of the Province. Once the application is received, a Judge can make an order for gathering information pursuant to 83.28(4) Criminal Code of Canada (CC). A warrant can be issued for the arrest of the person who is evading service of the order, is about to abscond or did not attend the examination or did not remain in attendance as per the order.

Reporting requirement for:

1. Number of consents sought and number obtained pursuant to 83.28(2) and (3) CC - 1.



2. Number of orders made by a judge for gathering information - 1.



3. Number of arrests made pursuant to a warrant issued by a judge - Nil Report for 2003.

83.31(2) - Reporting requirement by the Attorney General

With the consent of the Attorney General a peace officer may lay an information before a provincial court judge if the police officer believes on reasonable grounds that a terrorist activity will be carried out and suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

Reporting requirement for:

1. Number of consents to lay information that were sought and obtained by the police for terrorist activity and a recognizance with conditions on a person, or the arrest of a person to prevent the carrying out of the terrorist activity, pursuant to 83.3(1) and (2) CC - Nil Report for 2003.



2. Number of cases in which a summons or a warrant of arrest was issued for the purpose of having a person appear before a provincial court judge to answer to the information laid pursuant to 83.3(1) - Nil Report for 2003.



3. Number of cases where a person was detained and taken before a provincial court judge however the judge ordered the person held for a hearing pursuant to 83.3(7) of the CC - Nil Report for 2003.



4. Number of cases where the provincial court judge ordered a person to enter into a recognizance pursuant to 83.3(8)(a) and the conditions that were imposed by the judge - Nil Report for 2003.



5. Number of cases in which the person refused to comply with the order to enter into a recognizance and the term of imprisonment imposed under 83.3(9) CC - Nil Report for 2003.



6. Number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13) CC - Nil Report for 2003.

83.31(3) - Reporting Requirement by the Solicitor General

A peace officer who suspects on reasonable grounds that the detention of the person is necessary in order to prevent a terrorist activity may arrest the person without a warrant and have the person detained in custody, pursuant to 83.3(4) CC.

Reporting requirement for:

1. Number of arrests without a warrant pursuant to 83.3(4) CC - Nil Report for 2003.



2. Number of cases in which a person was arrested without warrant pursuant to 83.3(4) CC and was released by a peace officer under paragraph 83.3(5)(b) or by a judge under 83.3(7)(a) CC - Nil Report for 2003.

[ Police Services Home ]