Criminal Code of Canada - section 490.015(4) - Scope of application

section 490.015(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires a persons application for a record suspension to include every order in effect and obligations related to certain acts.

SECTION WORDING

490.015(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

EXPLANATION

Section 490.015(4) of the Criminal Code of Canada pertains to applications related to orders that are currently in effect. This section applies to individuals who are subject to an obligation under sections 490.019 or 490.02901, section 227.06 of the National Defence Act, or section 36.1 of the International Transfer of Offenders Act. Section 490.019 deals with the obligation of an individual to comply with conditions or restrictions that are set forth in a recognizance or undertaking entered into by them with a peace officer or court. Section 490.02901 refers to the obligation of an individual to comply with a probation order. Section 227.06 of the National Defence Act pertains to the obligation of a person subject to a release order to comply with certain conditions or restrictions. Lastly, section 36.1 of the International Transfer of Offenders Act deals with the obligation of an offender transferred to Canada from another country to comply with certain conditions or restrictions. The purpose of this section is to ensure that all relevant orders are covered in any application related to them. This means that if an individual is subject to multiple orders, all of them must be included in the application. Failure to do so may result in the individual not being appropriately held accountable or facing legal consequences for violating the omitted order(s). In conclusion, section 490.015(4) is a significant provision within the Criminal Code of Canada that helps to ensure compliance with all relevant orders by requiring that all such orders be included in any application related to them. This, in turn, helps to maintain the integrity of the criminal justice system and ensure that individuals are held accountable for their actions.

COMMENTARY

Section 490.015(4) of the Criminal Code of Canada provides guidelines for the application process for record suspensions, previously known as pardons. A record suspension is an official document that removes a person's criminal record from the Canadian Police Information Centre (CPIC) database, making it inaccessible to most individuals and organizations, including employers and landlords. This section of the Criminal Code of Canada outlines the requirements for applying for a record suspension and indicates that an application must be made for every order that is in effect. This section also specifies that if a person is subject to other obligations, such as section 490.019 or 490.02901 (which relate to the obligation to provide a DNA sample or fingerprints), section 227.06 of the National Defence Act, or section 36.1 of the International Transfer of Offenders Act, the application must also be made in relation to those obligations. This means that a person must obtain a record suspension for each conviction or other obligation that they have, which can be a complex and time-consuming process. The requirement to apply for a record suspension for each order that is in effect is an important safeguard. It ensures that individuals who have been convicted of multiple offences cannot simply obtain one record suspension and have all of their criminal records removed from the CPIC database. This protects public safety by allowing employers, landlords, and other organizations to access relevant criminal record information when making decisions that could impact public safety. The inclusion of other obligations in the application process is also an important aspect of this section of the Criminal Code of Canada. Requiring individuals to obtain a record suspension for obligations such as providing a DNA sample or fingerprints ensures that these individuals are held accountable for their past criminal behaviour and are not able to evade these obligations through the record suspension process. This helps to maintain the integrity of the criminal justice system and ensures that individuals who have been convicted of crimes are held responsible for their actions. Overall, section 490.015(4) of the Criminal Code of Canada provides important guidelines for the record suspension application process. By requiring individuals to obtain a record suspension for each order that is in effect and including other obligations in the application process, this section helps to maintain public safety and uphold the integrity of the criminal justice system.

STRATEGY

Section 490.015(4) of the Criminal Code of Canada lays down the essential requirement for a successful application for a record suspension (formerly known as a pardon) and lays the groundwork for strategic considerations and potential strategies to apply when considering such an application. A record suspension effectively seals a person's criminal record from public view, granting them a fresh start and the opportunity to pursue employment and other opportunities without the burden of their past record. One of the key strategic considerations when dealing with this section of the Criminal Code of Canada is the completeness of the application. To be successful, the application must be comprehensive and must cover all orders that are currently in effect. This means that any prior criminal convictions and sentences must be disclosed, along with any current obligations under other legislation, such as the National Defence Act or the International Transfer of Offenders Act. Failure to disclose any of these orders or obligations could result in the application being denied, potentially taking away the applicant's opportunity for a fresh start. Another key strategic consideration is timing. One must wait until a certain period after the completion of their sentence and other obligations have passed before initiating an application for a record suspension. This period varies depending on the severity of the sentence and ranges between 5 to 10 years, after which the applicant may consider their eligibility. Applying too soon may be detrimental and result in the application being denied, leading to further delays in obtaining a record suspension. A third strategic consideration is the nature of the offense that triggered the criminal record in the first place. Serious and violent crimes, such as sexual offenses, murder, or terrorism, are much harder to obtain record suspensions for than less serious offenses, such as traffic violations. The Parole Board of Canada, which is responsible for granting record suspensions, takes into consideration the magnitude of the offense when judging an application. As such, the nature of the offense plays a crucial role when considering whether to apply for a record suspension. Finally, potential strategies that could be employed when dealing with this section of the Criminal Code of Canada should consider all aspects of the application. This includes carefully preparing and submitting all relevant supporting documents, including evidence of good behavior, character references, and other relevant information. Ensuring that all orders and obligations are fully disclosed in the application is also crucial. Another potential strategy is seeking legal advice. Lawyers can help applicants navigate the legal complexities of the record suspension process and provide advice on the suitability of applying for a record suspension. For example, they can advise on the likelihood of success and offer advice on how best to present the application to the Parole Board of Canada. Finally, being honest and transparent is essential when seeking a record suspension. Providing incomplete or dishonest information in the application can result in it being denied, which could delay the process of obtaining a fresh start. Full disclosure and honesty are paramount in successfully obtaining a record suspension. In conclusion, strategic considerations when dealing with Section 490.015(4) of the Criminal Code of Canada when applying for a record suspension include the completeness of the application, the timing of the application, the nature of the offense, and the suitability of employing legal assistance. Potential strategies could include seeking legal advice, submitting detailed evidence, and being open and transparent in the application. A rigorous approach to the application process can help increase the chances of success and pave the way for a fresh start.