INTRODUCTION AND BRIEF DESCRIPTION

This section defines release from imprisonment as being released from confinement due to the expiration of a sentence, the commencement of statutory release, or the grant of parole.

SECTION WORDING

110(4) In subsection (2), "release from imprisonment" means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

EXPLANATION

Section 110(4) of the Criminal Code of Canada outlines the meaning of the term "release from imprisonment" in the context of subsection (2). This subsection deals with the offence of intimidation of a justice system participant or journalist, and sets out the maximum penalty that can be imposed for such an offence. The term "release from imprisonment" applies to a situation where an individual has been confined in prison and is subsequently released. This can occur due to a variety of reasons, including the expiration of a sentence, the commencement of statutory release, or the grant of parole. Statutory release occurs when an offender is released from custody after serving two-thirds of their sentence. This release is automatic, and the offender is subject to supervision in the community for the remainder of their sentence. On the other hand, parole is a conditional release from imprisonment granted by the Parole Board of Canada. Eligible offenders may apply for parole after serving one-third of their sentence, and must meet certain criteria in order to be granted parole. The inclusion of the definition of "release from imprisonment" in Section 110(4) ensures that there is clarity in the interpretation of subsection (2) and the maximum penalty that can be imposed for intimidation of a justice system participant or journalist. By specifying the different forms of release from imprisonment, the section ensures that the scope of the offence is clearly defined and can be effectively enforced.

COMMENTARY

Section 110(4) of the Criminal Code of Canada is a provision that defines the term "release from imprisonment" as it pertains to the particular section of the code. This section, subsection (2), deals with the offences of participating in a criminal organization or committing an offence on behalf of a criminal organization. Specifically, it requires a higher penalty for those who commit these crimes while on release from imprisonment, as opposed to those who commit the same crimes while not on release. The definition provided in section 110(4) is straightforward - release from imprisonment refers to the three specific instances in which an individual may be released from confinement: expiration of sentence, commencement of statutory release, or grant of parole. The definition is necessary in order to create clarity around the penalty enhancement that is applied in cases where an individual commits an offence related to a criminal organization while on release from imprisonment. The purpose of this penalty enhancement is to deter individuals who are already involved in criminal activity from continuing to participate in it or from rejoining a criminal organization after being released from prison. The penalty enhancement sends a message that the justice system takes these crimes very seriously and will not tolerate individuals who choose to continue down a path of criminal behaviour. While the penalty enhancement may serve as a deterrent for some, it is not a complete solution to the problem of criminal organizations. These organizations are often deeply entrenched in their communities and can be very difficult to dismantle. Law enforcement agencies and the justice system must work together to disrupt and dismantle these organizations, while also providing support to individuals who may be vulnerable to recruitment or who are trying to leave the criminal lifestyle. Another potential issue with the penalty enhancement is that it may disproportionately impact certain groups, such as those who are already marginalized or disadvantaged. These individuals may have fewer resources available to them and may be more likely to become involved in criminal organizations. Therefore, it is important that the justice system take into account factors such as socio-economic status, mental health, and addiction when making decisions about penalties and sentencing. Overall, section 110(4) of the Criminal Code of Canada serves an important purpose in defining the term "release from imprisonment" and creating a penalty enhancement for certain offences related to criminal organizations. However, it is important to recognize that this penalty enhancement is just one tool in the fight against organized crime and that other approaches, such as community support programs and law enforcement initiatives, are also necessary. Additionally, it is crucial that the justice system take into account the unique circumstances of each individual case when determining appropriate penalties and sentences.

STRATEGY

Section 110(4) of the Criminal Code of Canada outlines the definition of release from imprisonment" for the purpose of section 110(2). This section deals with participation in organized crime and the potential for a person to be deemed a member of such a group. Understanding the definition and considerations surrounding release from imprisonment is crucial for those involved in any criminal proceedings related to this section and can inform strategic decisions in defense or prosecution. One key consideration is the timing of release from imprisonment. As the definition indicates, a person is considered released from imprisonment upon expiration of their sentence, commencement of statutory release, or grant of parole. The timing of these events can impact the potential application of section 110(2) and the involvement of an individual in organized crime. For example, if someone on parole becomes involved in organized crime, it could lead to a breach of their parole conditions and potential revocation of their release. Another strategic consideration related to timing is the potential for other charges or investigations that could impact release from imprisonment. For example, if an individual is facing charges for unrelated offences, it could impact their parole eligibility or ability to obtain early release. Another strategic consideration is the potential for parole or early release as a bargaining chip in criminal proceedings related to section 110(2). For example, if an individual is facing charges related to organized crime, they may be willing to provide evidence or cooperation in exchange for a reduced sentence or early release. Similarly, prosecutors may use the potential for early release as a way to incentivize cooperation or plea deals. The nature of the release from imprisonment is also a strategic consideration. For example, statutory release is automatic for most offenders after serving two-thirds of their sentence, while parole is granted by a board after a review process. Understanding the specifics of the release can inform potential motion or argument strategies in court. Overall, strategic considerations related to section 110(4) of the Criminal Code of Canada are numerous and complex. Factors including timing, potential charges or investigations, and nature of release can all impact the strategies employed by both the defense and prosecution. Understanding these considerations and potential strategies can inform effective representation and decision-making in criminal proceedings related to organized crime.