section 490.02904(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the time frame for when a persons obligation to report a designated offence ends, based on the maximum term of imprisonment provided for in Canadian law for the equivalent offence.

SECTION WORDING

490.02904(3) If subsection (2) does not apply, the obligation (a) ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) ends 20 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life; or (d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition "designated offence" in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition "designated offence" in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

EXPLANATION

Section 490.02904(3) of the Criminal Code of Canada addresses the obligations of individuals who have been convicted of designated offences, which are serious criminal offences such as murder or sexual assault. This section outlines the timeline for the individual's obligation to report their conviction and comply with certain restrictions, such as travel restrictions and prohibitions from owning firearms. If the maximum term of imprisonment for the equivalent offence is two or five years, the obligation ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder. If the maximum term of imprisonment for the equivalent offence is 10 or 14 years, the obligation ends 20 years after sentencing or a finding of not criminally responsible. However, if the maximum term of imprisonment is life, or if the individual has been convicted of multiple designated offences, their obligation to report their conviction and comply with restrictions applies for life. This section is important in safeguarding public safety by monitoring and restricting the activities of individuals who have committed designated offences. It also provides guidelines for the period of time for which individuals must comply with these obligations, based on the severity of the offence. The consequences for failing to comply with these obligations can include criminal charges and penalties.

COMMENTARY

Section 490.02904(3) of the Criminal Code of Canada outlines the obligation to provide information on designated offences through the sex offender registry. This section sets out the timelines for when a person's obligation ends to report their information to the sex offender registry. This obligation is dependent on the severity of the crime committed, and as such, requires different timelines for different maximum prison sentences. If the maximum sentence for the equivalent offence is two or five years, the obligation to report ends ten years after the person is sentenced. If the maximum sentence is ten or fourteen years, the obligation ends twenty years after sentencing. However, if the crime is punishable by life imprisonment, the obligation is a lifetime requirement. Furthermore, if the person is convicted of multiple offenses that are designated offences, the obligation will be a lifetime requirement regardless of the maximum sentence of each individual crime. The purpose of this section is to ensure that the public safety is protected by keeping them informed about potentially dangerous individuals who have been convicted of designated offences. This information is useful for law enforcement agencies in identifying any potential risks to the public and protects future victims from harm. This section of the Canadian Criminal Code serves as a powerful tool in mitigating the risks and dangers for any individual at risk of being exposed to sex offenders. It aims to enhance transparency and public safety by tracking designated offenders and ensuring they provide accurate and up-to-date information. By doing so, the police can maintain an accurate database of offenders, making it easier for them to track and monitor individuals who are expected to report their status. The sex offender registry has undergone significant changes over the years to improve its effectiveness in protecting the public. In recent decades, the registry has expanded to include more detailed and up-to-date information about registered offenders. The registry is also continuously updated to include new information, such as changes to an offender's residential address or employer. As part of the statutory review of the sex offender registry under the Protection of Canadians from Online Crime Act, the Parliamentary Committee on Public Safety and National Security received recommendations to support sex offender registration reform. However, despite the sex offender registry's effectiveness in providing information in tracking offenders, there are criticisms regarding its ability to reduce the recidivism of offenders. Some experts argue that the registry can give a false sense of security, as many sex crimes occur in situations where the offender has a personal relationship with the victim and may not have a history of prior offenses. Additionally, critics argue that the registry may cause social stigma and may hinder the ability of sex offenders to reintegrate into society and lead productive lives following the completion of their sentences. Overall, section 490.02904(3) is an essential aspect of the Canadian Criminal Code as it helps track and monitor designated sex offenders. The obligation outlined in this section ensures that necessary information is updated and accessible to law enforcement agencies and the public. Although the registry has its criticisms, it remains a critical aspect of public safety that can help prevent harm to vulnerable individuals.

STRATEGY

Section 490.02904(3) of the Criminal Code of Canada outlines the obligations pertaining to the retention and destruction of judicial records. This provision sets out specific time periods during which judicial records must be retained by police and courts. After the expiration of these time periods, police and courts are under no obligation to retain judicial records. However, there are some strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. One of the strategic considerations is the impact that the destruction of judicial records could have on future legal proceedings. In some cases, judicial records may be important in future legal proceedings, such as when a person seeks to challenge their criminal history in court. If the judicial records are destroyed after the retention period set out in section 490.02904(3), it could make it difficult or impossible for a person to challenge their criminal history. Another strategic consideration is the impact that the destruction of judicial records could have on an individual's ability to obtain employment or travel. With advancements in technology, it is easier than ever for employers and border officials to obtain information about an individual's criminal history. If an individual's criminal history is destroyed after the retention period set out in section 490.02904(3), it could still be accessible through other means, such as online databases or international law enforcement agencies. In light of these strategic considerations, there are some strategies that could be employed to ensure that judicial records are not destroyed prematurely. One strategy is to ensure that all relevant judicial records are properly indexed and stored in a secure location. This can help to ensure that the records are easily accessible in the event that they are needed for future legal proceedings. It can also help to ensure that the records are not accidentally destroyed or lost. Another strategy is to monitor the retention periods set out in section 490.02904(3) and ensure that all relevant records are retained for the full duration of the retention period. This can help to ensure that records are not destroyed prematurely and that individuals have access to their full criminal history if needed. Finally, it may be possible to challenge the destruction of judicial records in court. This could be done by arguing that the destruction of the records would unfairly prejudice the individual's right to a fair trial or their ability to challenge their criminal history in court. However, this strategy would likely only be effective in limited circumstances, such as where the destruction of the records was done in bad faith or as part of a broader pattern of unfair treatment. In conclusion, section 490.02904(3) of the Criminal Code of Canada sets out specific time periods during which judicial records must be retained by police and courts. There are several strategic considerations that must be taken into account when dealing with this section, including the impact that the destruction of records could have on future legal proceedings and an individual's ability to obtain employment or travel. To ensure that records are not destroyed prematurely, it may be necessary to employ strategies such as proper indexing and storage, monitoring of retention periods, and potential legal challenges.