section 490.026(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the period of time that must elapse before a person can apply for a termination order for certain designated offences.

SECTION WORDING

490.026(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, 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) of this Act or in paragraph (a) or (c) of the definition "designated offence" in section 227 of the National Defence Act: (a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years; (b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment for the offence is life.

EXPLANATION

Section 490.026(2) of the Criminal Code of Canada outlines the conditions under which a person may apply for a termination order. This order is a legal remedy that can help an individual put their criminal history behind them and move forward with their life. The eligibility criteria for a termination order are based on the nature of the offence that the individual committed and the length of time that has elapsed since their sentencing or finding of not criminally responsible. If the offence falls under certain categories, including "designated offences" as defined in the Criminal Code or the National Defence Act, the individual must wait a certain period of time before they can apply for a termination order. The waiting periods vary based on the severity of the offence and the maximum length of imprisonment that it carries. For less serious offences, the waiting period may be as short as five years, while for the most severe offences, individuals may have to wait 20 years before applying for a termination order. The purpose of the waiting period is to ensure that individuals have demonstrated a sustained period of rehabilitation and have not reoffended before seeking to have their criminal history erased. The termination order process is not automatic and requires individuals to submit a complete application and to satisfy the court that they are deserving of the remedy. In summary, Section 490.026(2) is an important provision of the Criminal Code of Canada that offers individuals with a criminal history the chance to put their past behind them and start fresh after a certain period of time has passed and they have demonstrated significant rehabilitation.

COMMENTARY

Canada's Criminal Code outlines the laws and regulations surrounding the country's justice system, including how criminal offenders are sentenced and how victims are protected. One important section of the Criminal Code is Section 490.026(2), which outlines the eligibility requirements for applying for a termination order. A termination order is a legal mechanism that allows an offender to apply to be released from certain conditions or restrictions that were imposed on them after they were sentenced or found not criminally responsible on account of mental disorder for a designated offence. A designated offence is a serious criminal offence that carries a potential sentence of two or more years in prison. To be eligible to apply for a termination order, the applicant must have served a certain period of time since their sentencing or finding of not criminally responsible. The length of time required depends on the maximum term of imprisonment for the designated offence. If the maximum term of imprisonment is two or five years, the applicant must wait five years before applying for a termination order. If the maximum term of imprisonment is 10 or 14 years, the applicant must wait 10 years. If the maximum term of imprisonment is life, the applicant must wait 20 years. While the purpose of a termination order is to provide some relief to offenders who have proven themselves to be rehabilitated, it is important to note that the decision to grant a termination order is not taken lightly. The court only grants a termination order if it is satisfied that the offender no longer poses a danger to the public and that the conditions or restrictions being terminated are no longer necessary to protect the public. Section 490.026(2) of the Criminal Code strikes a balance between the need to protect the public from dangerous offenders and the right of offenders to seek relief from onerous conditions or restrictions. By setting specific timeframes for eligibility, the law ensures that offenders have demonstrated a commitment to rehabilitation and public safety before being granted a termination order. At the same time, the law also allows the court to carefully consider the individual circumstances of each case and grant a termination order only when it is safe to do so. Overall, Section 490.026(2) is an important and well-designed provision of Canada's Criminal Code, helping to ensure that offenders who have demonstrated a commitment to rehabilitation are given an opportunity to reintegrate into society while also keeping the public safe.

STRATEGY

Section 490.026(2) of the Criminal Code of Canada provides an opportunity for individuals who have been sentenced or found not criminally responsible for certain designated offenses to apply for a termination order after a certain period of time has elapsed. This section raises questions regarding the strategic considerations that need to be taken into account when dealing with applications for termination orders. The first strategic consideration to take into account is timing. Depending on the type of designated offense, the period of time that needs to elapse before an individual can apply for a termination order varies. This means that, depending on the offense and the time that has elapsed, strategic timing becomes a critical factor in determining the success of an application. For example, if an individual is eligible to apply for a termination order, but the court feels that it is too soon after the offense was committed, then the application may be rejected. The second strategic consideration is related to the nature of the designated offense. Some designated offenses are more serious than others, and a court considering an application will take the nature of the offense into account before making a decision. This consideration means that individuals convicted or found not criminally responsible for the most serious designated offenses may face a more difficult path to a successful application for a termination order than those convicted of less serious offenses. The third strategic consideration to take into account is the specific circumstances of the crime and the individual. Each application for a termination order is unique, and the specific circumstances of the crime and the individual involved will be taken into account by the court. This consideration means that individuals seeking a termination order will need to tailor their application to their specific circumstances, providing evidence of their rehabilitation and their suitability for a termination order. In light of these strategic considerations, there are several strategies that could be employed in dealing with this section of the Criminal Code. One strategy is to hire a competent lawyer who can provide guidance on the eligibility requirements and the nature of the designated offense. Another strategy is to seek out resources and support services that can help an individual demonstrate their rehabilitation and fitness for a termination order. For instance, an individual might take part in a rehabilitation program, provide evidence of their participation in community service, or show their efforts to maintain employment. Overall, the successful application for a termination order requires strategic consideration of the timing, nature of the designated offense, and specific circumstances of the crime and the individual. By employing strategies that take these considerations into account, individuals seeking termination orders can increase their likelihood of success.