INTRODUCTION AND BRIEF DESCRIPTION
Courts must inform individuals subject to an order under section 490.012 of the Sex Offender Information Registration Act and provide copies of the order to relevant parties.
SECTION WORDING
490.018(1) When a court or appeal court makes an order under section 490.012, it shall cause (a) the order to be read by or to the person who is subject to it; (b) a copy of the order to be given to that person; (c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and (d) a copy of the order to be sent to (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable, (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable, (iii) the police service whose member charged that person with the offence in connection with which the order is made, and (iv) the Commissioner of the Royal Canadian Mounted Police.
EXPLANATION
Section 490.018(1) of the Criminal Code of Canada outlines the procedure that a court or appeal court must follow when making an order under section 490.012. This section pertains to orders made in relation to criminal offenders, and outlines a number of steps that must be taken in order to ensure that the offender is fully aware of the consequences of the order. Firstly, the court is required to read the order to the person who is subject to it, or arrange for it to be read to them. This ensures that the person fully understands what is required of them, and the consequences of not complying with the order. Secondly, a copy of the order must be given to the person, so that they have a record of what is required of them. This helps to ensure that they can refer back to the order if necessary, and helps to prevent any misunderstandings or confusion. Thirdly, the person must be informed of specific sections of relevant legislation, including the Sex Offender Information Registration Act and the National Defence Act. This ensures that they are fully aware of their legal obligations, and the consequences of not complying with those obligations. Finally, a copy of the order must be sent to various authorities, including the Review Board responsible for making a disposition with respect to the person, the police service who charged the person with the offence, and the Commissioner of the Royal Canadian Mounted Police. This helps to ensure that the authorities are fully aware of the person's legal obligations, and can take appropriate action if necessary. Overall, section 490.018(1) ensures that all parties involved are fully informed and aware of the legal requirements and consequences of a court order, helping to promote compliance and prevent any misunderstandings or confusion.
COMMENTARY
Section 490.018(1) of the Criminal Code of Canada highlights the importance of informing individuals who are subject to an order under section 490.012. The section outlines the various requirements that a court or an appeal court must fulfill when issuing such an order. These requirements ensure that the person subject to the order is fully informed of their rights and obligations. This section, therefore, plays a crucial role in promoting transparency and fairness in the criminal justice system. The first requirement is that the court must read the order to the person who is subject to it. This ensures that the person is aware of the conditions and limitations imposed on them. Failure to do so would create a situation where an individual may unknowingly violate the terms of the order, which could lead to further legal consequences. Secondly, the court must provide a copy of the order to the person. This is important as it enables the individual to have a reference point for what is expected of them. They can refer to the order whenever necessary to ensure that they are complying with its terms. Thirdly, the individual must be informed of certain sections of the law. These include sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of the Criminal Code, and section 119.1 of the National Defence Act. These sections are relevant to the order and provide important information that the person must be aware of. Finally, the court is required to send a copy of the order to various authorities. These include the Review Board responsible for making a disposition with respect to the person, the person in charge of the place where the person is serving a custodial sentence or detained in custody, the police service that charged the person with the offense, and the Commissioner of the Royal Canadian Mounted Police. This requirement ensures that the relevant authorities are fully aware of the terms of the order and can take the necessary steps to enforce it. In conclusion, section 490.018(1) of the Criminal Code of Canada is an important provision that ensures that individuals who are subject to an order under section 490.012 are fully informed of their rights and obligations. The section promotes transparency and fairness in the criminal justice system, which is crucial in maintaining the credibility of the legal system.
STRATEGY
Section 490.018(1) of the Criminal Code of Canada deals with the obligations of the court or appeal court when making an order under section 490.012. The purpose of this section is to ensure that the person who is subject to the order is fully aware of the requirements of the order as well as the relevant provisions of the law. This section also requires that a copy of the order be sent to various authorities, including the Review Board, the person in charge of the place of custody, the police service, and the Commissioner of the Royal Canadian Mounted Police. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. The first consideration is the need to ensure that the person who is subject to the order fully understands the requirements of the order as well as the consequences of non-compliance. This can be achieved by having the order read out loud to the person and providing them with a copy of the order in a language that they understand. In addition, it is important to explain to them the relevant provisions of the law and the consequences of non-compliance. The second consideration is the need to ensure that all relevant authorities receive copies of the order. This includes the Review Board, the person in charge of the place of custody, the police service, and the Commissioner of the Royal Canadian Mounted Police. It is essential that these authorities receive the order in a timely manner so that they can take the necessary steps to ensure compliance with the order. One strategy that could be employed to ensure that the person subject to the order fully understands the requirements of the order is to provide them with a translator or interpreter if necessary. This will ensure that the person fully understands the order and the consequences of non-compliance. Another strategy could be to provide them with a written summary of the order in plain language that they can understand. To ensure that all relevant authorities receive copies of the order in a timely manner, one strategy that could be employed is to use electronic communication methods, such as email or fax, to send copies of the order. This will ensure that the authorities receive the order quickly and can take the necessary steps to ensure compliance. In conclusion, section 490.018(1) of the Criminal Code of Canada outlines the obligations of the court or appeal court when making an order under section 490.012. To ensure compliance with this section, it is important to ensure that the person subject to the order fully understands the requirements of the order and the consequences of non-compliance. It is also essential to ensure that all relevant authorities receive copies of the order in a timely manner. Strategies such as providing a translator or interpreter, providing a summary of the order in plain language, and using electronic communication methods can help achieve these goals.