Anti-Terrorism
Act 2004 Reporting
Requirement
for the Attorney General and Solicitor General of the Province
of British Columbia to publish an annual report for 2004 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:
-
Number of consents sought and number obtained
pursuant to 83.28(2) and (3) CC - Nil Report for 2004
-
Number of orders made by a judge for gathering
information - Nil Report for 2004
-
Number of arrests made pursuant to a warrant
issued by a judge - Nil Report for 2004.
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:
-
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 2004.
-
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 2004.
-
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 2004.
-
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 2004.
-
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
2004.
-
Number of cases in which the conditions fixed
in a recognizance were varied under subsection 83.3(13) CC -
Nil Report for 2004.
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:
-
Number of arrests without a warrant pursuant
to 83.3(4) CC - Nil Report for 2004.
-
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 2004.
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