Criminal Code of Canada - section 490.02902(1) - Persons who may be served

section 490.02902(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Attorney General of a province or minister of justice of a territory to serve a notice to a person who arrived in Canada after the implementation of this subsection and were convicted of an offense outside Canada equivalent to a designated offense.

SECTION WORDING

490.02902(1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada after the coming into force of this subsection and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition "designated offence" in subsection 490.011(1).

EXPLANATION

Section 490.02902(1) of the Criminal Code of Canada provides the Attorney General of a province or the minister of justice of a territory with the power to serve a notice on an individual who arrived in Canada after the enactment of this law and was convicted of or found not criminally responsible on account of mental disorder for a crime outside Canada. This excludes any service offence as defined in subsection 2(1) of the National Defence Act. The notice served to the individual must be in Form 54 and informs them that their former conviction or finding of not criminally responsible is equivalent to a designated offense under paragraph (a) of the definition in subsection 490.011(1). A designated offense is an offense that carries a sentence of imprisonment for a term of two years or more under the Criminal Code of Canada, or an act that is considered an equivalent foreign criminal offense. This section is significant in the context of the Criminal Code of Canada as it enables the Canadian authorities to take action against individuals who have committed a crime or been found not criminally responsible for an offense outside Canada that is equivalent to a designated offense under Canadian law. The notice provided by the Attorney General or minister of justice is a critical tool used to prevent individuals from evading justice in Canada and ensure they are held accountable for their actions.

COMMENTARY

Section 490.02902(1) of the Criminal Code of Canada is a provision that allows the Attorney General of a province or the minister of justice of a territory to serve a person with a notice in Form 54 if they arrived in Canada after the coming into force of this subsection and were convicted of or found not criminally responsible on account of a mental disorder for an offence outside Canada. This provision is important because it allows Canadian authorities to monitor and track individuals who have committed crimes outside of Canada that are considered equivalent to designated offences within the country. The Criminal Code of Canada defines designated offences as serious criminal acts that are deemed to be inherently harmful to individuals or society as a whole. These offences include things like murder, sexual assault, and terrorism-related crimes. Individuals who are convicted of designated offences and who have been released from custody are required by law to report to police and inform them of any changes in their personal information or whereabouts. The purpose of Section 490.02902(1) is to extend this reporting requirement to individuals who have committed similar offences outside of Canada and have subsequently immigrated to Canada. By doing so, Canadian authorities are able to better monitor these individuals and ensure that they are not a threat to public safety within the country. It's important to note that Section 490.02902(1) only applies to individuals who have been convicted of or found not criminally responsible on account of a mental disorder for an offence outside of Canada-other than a service offence as defined in subsection 2(1) of the National Defence Act. It's also important to note that the Attorney General or minister of justice must determine that the offense committed outside of Canada is, in their opinion, equivalent to a designated offence within Canada. While this provision is an important tool for Canadian law enforcement officials, it has also been the subject of criticism. Some have argued that it could lead to discrimination against individuals who have committed offences outside of Canada, particularly if the offence in question is not considered to be a designated offence within Canada. Others have raised concerns about the potential for abuse, with some arguing that the provision could be used to unfairly target individuals based on their past behaviours. Despite these criticisms, it is clear that Section 490.02902(1) serves an important purpose in the Canadian legal system. By allowing authorities to monitor individuals who have committed serious crimes outside of Canada, the provision helps to ensure public safety and prevent potential harm. As with any provision of the Criminal Code, it's important to ensure that it is used fairly and in accordance with the rights and freedoms guaranteed under Canadian law.

STRATEGY

Section 490.02902(1) of the Criminal Code of Canada provides significant powers to the Attorney General of a province or the Minister of Justice of a territory. Essentially, this section allows these individuals to serve a person with a notice in Form 54 if that person has arrived in Canada after the coming into force of this subsection and has been convicted or found not criminally responsible on account of mental disorder for an offence outside Canada. This notice can have serious consequences for the person served, potentially leading to deportation or other immigration consequences. Therefore, there are several strategic considerations when dealing with this section of the Criminal Code. The first strategic consideration is to determine whether the offence committed outside of Canada is, in fact, equivalent to a designated offence under subsection 490.011(1). This determination requires legal expertise and a thorough understanding of both Canadian and foreign criminal law. If it is determined that the foreign offence is equivalent to a designated offence, the person served with the Form 54 notice will face greater challenges in defending against any deportation or other immigration consequences. Conversely, if it is determined that the foreign offence is not equivalent to a designated offence, then the person may have more options to avoid deportation or other immigration consequences. Another strategic consideration is to assess the impact of any mental health issues on the foreign offence and the related consequences. If the person was found not criminally responsible on account of mental disorder, there may be additional legal and medical considerations that could impact their ability to defend against the Form 54 notice or mitigate any immigration consequences. In some cases, it may be possible to argue that the mental health issues were a contributing factor to the foreign offence and that the person should be allowed to remain in Canada. In addition, it may be possible to challenge the validity of the Form 54 notice itself. For example, the notice may be based on incomplete or inaccurate information, or it may be inconsistent with Canadian law or values. In such cases, it may be possible to argue that the Form 54 notice should be set aside or that the person should be given additional opportunities to challenge it. Overall, the strategies that can be employed when dealing with Section 490.02902(1) of the Criminal Code will depend on the specific circumstances of each case. However, it is clear that legal expertise and a thorough understanding of both Canadian and foreign criminal law will be essential components of any effective strategy. Additionally, a strong understanding of medical and psychological factors, as well as a willingness to challenge the validity of the Form 54 notice, could also prove beneficial in certain cases. Ultimately, the goal should be to protect the rights and interests of the person served with the notice, while also ensuring that Canadian laws and values are respected.