section 490.02912(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the time periods for a person to apply for a termination order after a sentence or verdict of not criminally responsible on account of mental disorder.

SECTION WORDING

490.02912(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered: (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

EXPLANATION

Section 490.02912(2) of the Criminal Code of Canada outlines the eligibility criteria for individuals who wish to apply for a termination order in relation to a previous conviction or finding of not criminally responsible on account of mental disorder. A termination order essentially seals an individual's criminal record, rendering it inaccessible to the public and limiting the ways in which it can be used in relation to employment, housing, and other areas of life. According to this section, an individual is eligible to apply for a termination order if a certain period of time has elapsed since their sentence or verdict was handed down. The length of this period depends on the severity of the offence in question, as reflected in the maximum term of imprisonment that could be imposed for that offence. If the maximum term of imprisonment for the equivalent offence is two or five years, the waiting period is five years. For offences that could result in a maximum sentence of 10 or 14 years, the waiting period is 10 years. Finally, for offences that carry a maximum sentence of life imprisonment, the waiting period is 20 years. Once the waiting period has elapsed, an individual can apply to the court for a termination order. The court will consider various factors, including the nature of the offence, the individual's behaviour since the conviction or verdict, and the potential impact of the record on the individual's life. If the court deems it appropriate, it may grant a termination order, effectively clearing the individual's criminal record.

COMMENTARY

Section 490.02912(2) of the Criminal Code of Canada establishes the eligibility criteria for an individual who seeks to apply for a termination order. A termination order allows for the record of a conviction to be removed, or purged, from a criminal record after a specific period of time has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered. The purpose of a termination order is to provide a means for individuals who have completed their sentences and who have demonstrated good behaviour and rehabilitation to reintegrate into society without the stigma of a criminal record. The existence of a criminal record can have negative effects on an individual's ability to obtain employment, housing, credit, and travel visas. Therefore, termination orders serve as a means for individuals to reestablish themselves as productive members of society. According to Section 490.02912(2), the eligibility criteria for a termination order hinge on the length of time that has elapsed since the sentence was imposed. The specific period of time varies according to the maximum term of imprisonment provided for in Canadian law for the equivalent offence. If the maximum term of imprisonment is two or five years, the individual is eligible to apply for a termination order after five years have elapsed. If the maximum term of imprisonment is ten or fourteen years, the individual is eligible to apply for a termination order after ten years have elapsed. If the maximum term of imprisonment is life, the individual must wait twenty years to be eligible to apply for a termination order. These eligibility criteria ensure that individuals who have committed more serious offences serve a longer period of time before being able to apply for a termination order. This requirement is evidence of the Canadian justice system's commitment to holding individuals accountable for their actions while simultaneously promoting rehabilitation and reintegration as important aspects of the criminal justice system. One potential challenge with this eligibility criteria is that it may be difficult for individuals with prior convictions to obtain employment or housing and to lead successful lives. As such, the requirement to wait for extended periods of time before applying for a termination order may dissuade individuals from pursuing this option. Additionally, not all provinces and territories offer the option of expungement or have clear processes for individuals to apply for a termination order, which may create uneven access to this process for different individuals. Overall, the eligibility criteria for a termination order outlined in Section 490.02912(2) of the Criminal Code of Canada promote the successful reintegration of individuals into society while holding them accountable for their actions. However, there may be room for improvement in terms of ensuring equal access to the process and addressing the challenges that individuals with prior convictions face in terms of employment and housing.

STRATEGY

Section 490.02912(2) of the Criminal Code of Canada governs the eligibility of individuals to apply for a termination order. This provision allows individuals who have been convicted of a criminal offense or found not criminally responsible on account of mental disorder to seek a termination order that, if granted, would expunge their criminal record and allow them to regain full civil liberties. The eligibility criteria for this remedy depend on the nature and gravity of the offense and the length of time that has elapsed since the sentence or verdict was rendered. In this essay, I will evaluate some strategic considerations when dealing with this section of the Criminal Code of Canada and suggest some strategies that could be employed by individuals seeking to apply for a termination order. One strategic consideration is the selection of the offense for which the individual seeks the termination order. As mentioned, the eligibility criteria vary depending on the maximum term of imprisonment provided in Canadian law for the equivalent offense. Therefore, individuals who seek to apply for the termination order need to be strategic in selecting the offense that would allow them to meet these criteria. For instance, if an individual has been convicted of an offense for which the maximum term of imprisonment is two years but also has a previous conviction for an offense that carries a higher maximum sentence, it would not be advisable to seek the termination order for the former offense. Instead, it would be prudent to wait until the period for the higher offense has elapsed before seeking the termination order for the lower offense, thus maximizing the chances of success. Another strategic consideration is the individual's conduct since the offense occurred. The legislation requires that individuals seeking the termination order demonstrate that they have been of good conduct since the sentence or verdict was rendered. This includes not only avoiding reoffending but also actively engaging in rehabilitative programs, counseling, or other forms of self-improvement. Therefore, individuals seeking the termination order need to be proactive in demonstrating that they have changed their ways and are committed to living a law-abiding life. For instance, an individual who was convicted of assault could demonstrate their commitment to reform by completing an anger management program, volunteering in a community service organization, or obtaining a degree that would help them secure meaningful employment. A third strategic consideration is the support of others, including family, friends, and professionals. The legislation requires that individuals seeking the termination order provide evidence of their support system, including letters of support, references, and testimonials from individuals who can speak to their character and their commitment to rehabilitation. Additionally, individuals may benefit from the support of professionals such as therapists, counselors, or lawyers who can provide guidance on the process, assist in obtaining the necessary documentation, and advocate for their client's interests. Therefore, individuals seeking the termination order need to cultivate a network of supportive individuals who can vouch for their character, their progress, and their prospects for success. In conclusion, the Criminal Code of Canada provides individuals who have been convicted of a criminal offense or found not criminally responsible on account of mental disorder the opportunity to seek a termination order that would expunge their criminal record and allow them to regain full civil liberties. However, the eligibility criteria for this remedy are complex and require strategic considerations. Individuals seeking the termination order need to be strategic in selecting the offense for which they seek relief, demonstrating good conduct and progress since the offense, and cultivating a supportive network of individuals who can vouch for their character and prospects for success. By following these strategies, individuals may increase their chances of success in seeking a termination order and re-building their lives.