INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Governor in Council to make regulations for anything prescribed in this Part of the Criminal Code of Canada.
SECTION WORDING
117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.
EXPLANATION
Section 117.15(1) of the Criminal Code of Canada provides the Governor in Council with the authority to make regulations in relation to anything that is prescribed within the Part of the Criminal Code that it pertains to. This means that the Governor in Council has the power to prescribe regulations for any matter that relates to this Part of the Criminal Code, ensuring that the law is properly enforced and that justice is upheld. By allowing the Governor in Council to create such regulations, it ensures that the laws and procedures within the Criminal Code are up to date and reflect the current needs of society. As a result, this enables the police, courts, and other law enforcement agencies to more effectively carry out their duties in preserving public safety and reducing criminal activity. Furthermore, this section also allows for greater flexibility in responding to changing circumstances, as the regulations made by the Governor in Council can be reviewed and updated as required. Subsection (2) outlines that any regulations under this section must be published in the Canada Gazette, the official newspaper of the Government of Canada, ensuring they are transparent and accessible to the public. Overall, section 117.15(1) plays an important role in the Canadian legal system by giving the Governor in Council the necessary tools to ensure the Criminal Code is enforceable and adaptable, while also holding the government accountable to the public through the publication of regulations.
COMMENTARY
Section 117.15(1) of the Criminal Code of Canada grants the Governor in Council the authority to make regulations that are necessary for the proper application of this Part of the Code. This section confers wide regulatory powers that enable the Governor in Council to issue orders, regulations, or directives to implement the provisions of Part IV. Furthermore, these regulations may prescribe anything that the Criminal Code mandates as being regulated. The power given to the Governor in Council is quite extensive, and there are few limiting factors. The text of section 117.15(1) of the Criminal Code of Canada seems somewhat vague and broad because it does not specify any limitations on the exercise of regulatory power. It enables the Governor in Council to regulate almost anything that is within the scope of Part IV of the Criminal Code, which includes provisions on offences related to terrorism, preventative arrests, the listing of terrorist entities, and the operation of freezing orders. It is vital to keep in mind that the power to make regulations does not extend to amending the Act itself. Additionally, the regulations must be consistent with the provisions and purposes of the Criminal Code of Canada. The Criminal Code of Canada consists of numerous provisions related to terrorism, terrorism financing, and other related crimes. Although the Criminal Code's provisions provide a clear set of criminal offences related to terrorism, they are open to interpretation. The regulations issued under section 117.15(1) of the Criminal Code are likely to fill the gaps that remain in the interpretation and implementation of the provisions of Part IV. They may be used to clarify ambiguous sections of the law, as well as to provide specific guidelines and procedures for the application of parts of the legislation. The authorities have used the regulatory power granted under section 117.15(1) to issue various orders, regulations, and directives throughout the years to enforce the provisions related to terrorism offences. For example, the Governor in Council has passed the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, which outlines procedures for freezing and unfreezing the assets of individuals and entities associated with terrorism. Similarly, the Preventative Detention Regulations outline procedures for the detention of individuals suspected of terrorism offences. The Governor in Council's power to regulate areas within the scope of Part IV of the Criminal Code is significant because it enables the government to respond promptly and effectively to threats of terrorism and other crimes. However, the broad nature of this regulatory power is not without its limits. The power conferred on the Governor in Council does not extend to amending the Act or creating new offences. Any regulations passed must be consistent with the Criminal Code's objectives and provisions to remain valid and enforceable. In conclusion, section 117.15(1) of the Criminal Code of Canada provides the Governor in Council with broad regulatory authority to enforce the provisions of Part IV of the Code related to terrorism offences. The regulations issued under this section can clarify complex sections of the law, provide guidance on the application of the provisions, and enable the government to respond effectively to threats of terrorism. However, the exercise of this regulatory power is limited to ensuring compliance with the Criminal Code's provisions while prohibiting the Governor in Council from bypassing parliament's authority to amend legislation.
STRATEGY
One of the key strategic considerations when dealing with Section 117.15(1) of the Criminal Code of Canada is the potential for significant impact on individuals and organizations that are subject to the regulations that may be prescribed. It is therefore important to carefully consider the potential consequences of any regulations that are put in place and to ensure that they are both reasonable and necessary for the purpose of achieving the objectives of the Part of the Criminal Code in question. Another important strategic consideration is the need to balance the interests of different stakeholders. For example, regulations put in place to combat terrorism may be necessary for ensuring public safety, but they may also have implications for civil liberties and human rights. It is therefore important to carefully weigh these competing interests and to ensure that any regulations put in place are proportionate and do not unduly infringe on fundamental rights and freedoms. In terms of strategies that could be employed when dealing with Section 117.15(1), one possible approach would be to engage in extensive consultation with relevant stakeholders. This could involve consulting with affected individuals and organizations, as well as experts in relevant fields such as law enforcement, national security, civil liberties, and human rights. Such consultations could provide valuable insights into the potential impact of different regulatory approaches and help to ensure that any regulations put in place are both effective and socially responsible. Another possible strategy would be to adopt a risk-based approach to regulation. This would involve identifying the key risks that the regulations are intended to mitigate and tailoring regulatory requirements accordingly. For example, regulations designed to combat money laundering and terrorist financing might focus on certain industries or geographic areas where these risks are particularly acute. By taking a more targeted approach, regulators can potentially minimize the burden on businesses and individuals while still achieving their objectives. Ultimately, the key to effective regulation under Section 117.15(1) is to carefully consider the potential consequences of any regulations and to ensure that they are proportionate, necessary, and socially responsible. By engaging in extensive consultation, adopting a risk-based approach to regulation, and balancing the interests of different stakeholders, regulators can ensure that their efforts to combat crime and protect public safety are both effective and sustainable in the long term.