INTRODUCTION AND BRIEF DESCRIPTION
Persons convicted of certain designated offences may be required to comply with the Sex Offender Information Registration Act if certain conditions are met.
SECTION WORDING
490.012(3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition "designated offence" in subsection 490.011(1) or in paragraph (a) or (c) of the definition "designated offence" in section 227 of the National Defence Act; (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.
EXPLANATION
Section 490.012(3) of the Criminal Code of Canada requires that an individual convicted of a designated offense, as defined in subsection 490.011(1), comply with the Sex Offender Information Registration Act (SOIRA) upon application by the prosecutor. This applies to individuals who were convicted of a designated offense and have not been served a notice under section 490.021 or section 227.08 of the National Defence Act in connection with that offense. The applicable period of compliance is specified in section 490.013 of the Criminal Code of Canada. The purpose of this section is to ensure that individuals who have committed a designated offense are monitored and their information is properly tracked. This allows law enforcement to better monitor and manage the risk posed by these individuals in order to prevent further offenses. Non-compliance with SOIRA requirements can result in penalties, including imprisonment. Overall, section 490.012(3) underscores the importance of monitoring individuals convicted of designated offenses to safeguard vulnerable populations and prevent future crimes.
COMMENTARY
Section 490.012(3) of the Criminal Code of Canada deals with the imposition of orders for sex offender registration in connection with designated offences. The provision states that when a court imposes a sentence on a person for a designated offence, the prosecutor may apply for an order requiring that person to comply with the Sex Offender Information Registration Act. This order must be in Form 52, and is for the applicable period specified in section 490.013. The provision also sets out the conditions under which the prosecutor may make an application for the registration order. First, the person must have been previously convicted of or found not criminally responsible on account of mental disorder for a designated offence referred to in paragraphs (a), (c), (c.1), (d), or (e) of the definition under subsection 490.011(1) or in paragraphs (a) or (c) of the definition under section 227 of the National Defence Act. Second, the person must not have been served with a notice under section 490.021 or 490.02903 or section 227.08 of the National Defence Act in connection with that offence. Finally, no order must have been made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence. This provision serves to protect the community from individuals who have committed designated offences by requiring them to register as sex offenders. The registration process allows law enforcement officials to track and monitor sex offenders, and to keep the community informed about their presence. The purpose of the registration order is twofold. First, it serves as a specific deterrent by increasing the consequences for committing designated offences. Second, it serves as a general deterrent by warning others who might consider similar behaviour of the risk of being identified and monitored by authorities. The provision creates a balance between public safety, the interests of the community, and individual rights. On one hand, the registration requirement is a significant intrusion on an individual's privacy, and it is reserved for only the most serious offences. On the other hand, the registration requirement serves a valuable purpose in protecting society from the risk of sexual offences being committed by those with a history of such crimes. In conclusion, Section 490.012(3) of the Criminal Code of Canada is an important provision for ensuring the safety of the community. The registration requirement serves as both a specific and general deterrent to individuals who might consider committing designated offences. It also strikes a balance between public safety and individual rights, by reserving the registration requirement for only the most serious sexual offences.
STRATEGY
Section 490.012(3) of the Criminal Code of Canada imposes an obligation on the court to make an order requiring a person convicted of a designated offence to comply with the Sex Offender Information Registration Act for the applicable period if certain criteria are met. This section requires prosecutors to make a case for applying this order. One strategic consideration when dealing with this section is the nature of the designated offence in question. Different designated offences carry different levels of seriousness, which can affect the likelihood of a prosecutor making a successful case for the order. A designated offence such as sexual assault will be viewed more seriously by the court than an offence like indecent exposure. Accordingly, prosecutors may decide to focus their efforts on seeking an order for the more serious designated offences. Another strategic consideration is the timing of the order. Section 490.012(3) allows for the order to be made either before or after the coming into force of the provision. This flexibility offers prosecutors an opportunity to time the application of the order to suit their strategy. For example, if a defendant has been convicted of a designated offence but has reoffended before the order has been applied, a prosecutor may choose to apply the order retroactively, covering both offences. Another potentially helpful strategy when seeking an order under Section 490.012(3) is to build a strong evidentiary case demonstrating the defendant's risk of reoffending. The prosecutor must prove that the defendant meets specific criteria outlined in the section. This can include showing that they have a history of offending and that they have not complied with previous orders or notices. Building a compelling case and presenting it clearly and persuasively to the court can increase the likelihood of the order being applied. Finally, it is essential to consider the potential implications of applying the order, as the consequences for the defendant can be severe. An order to comply with the Sex Offender Information Registration Act can result in significant restrictions on personal and professional life, including limitations on where the registered offender can live and work. These restrictions may impact the defendant's ability to rehabilitate and reintegrate into society. Careful consideration of the consequences and potential alternatives before seeking an order under Section 490.012(3) is strongly recommended.