section 490.02913(3)

INTRODUCTION AND BRIEF DESCRIPTION

The court must notify the RCMP Commissioner and the Attorney General/minister of justice if a termination order is made.

SECTION WORDING

490.02913(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

EXPLANATION

Section 490.02913(3) of the Criminal Code of Canada details the requirements for notifying relevant authorities in the event of a termination order being made. If a termination order is made, the court must notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or minister of justice of the territory of the decision. A termination order may be made by a court in certain circumstances, such as when an individual has completed their sentence or when a charge against them is withdrawn. This order results in a suspension of the prohibition that the individual may have been under from possessing firearms. Notification of this decision to relevant authorities is crucial in ensuring the safety of the community and the protection of public interest. The Commissioner of the Royal Canadian Mounted Police is responsible for the administration of the Firearms Act, and they may make inquiries about the individual if they receive a notification. The Attorney General or minister of justice must also be made aware of the order, as they are responsible for overseeing criminal prosecutions within their jurisdiction. Overall, Section 490.02913(3) plays an important role in ensuring transparency and accountability within the criminal justice system in Canada. It ensures that information about the possession of firearms is shared between relevant authorities, helping to promote public safety and minimize potential risks associated with firearms possession.

COMMENTARY

Section 490.02913(3) of the Criminal Code of Canada pertains to the court's authority to make a termination order and its requirements to inform certain government officials. A termination order issued by a court releases an individual from the obligation to register as a sex offender if that individual has been convicted of a sex offense. This court order has the authority to terminate the registry registration for a sex offender upon the successful completion of a designated review period without any additional sexually related charges or convictions. The law mandates that if a court makes a termination order, it shall inform the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or the minister of justice of the territory of the decision. This is a fundamental requirement that ensures that there is no information asymmetry. The Royal Canadian Mounted Police is the body responsible for maintaining sex offender registries in Canada. Thus, informing the Commissioner of the Royal Canadian Mounted Police about the termination of an individual's registry status means that the appropriate databases can be updated. This ensures that law enforcement agencies and government stakeholders have the most up-to-date information at their disposal. The department of justice of Canada, in its publication called Briefing on Sex Offender Registration and Notification in Canada, highlights that the provisions of the sex offender registry are subject to extensive constitutional review. Although the Canadian legal system operates on the principle of innocent until proven guilty, the sex offender registry process is time-consuming, intrusive, and requires relinquishing personal privacy. Thus, the courts' decision to terminate the sex offender registry status of an individual is significant. The termination order is not automatic and is contingent on the individual meeting certain criteria. Individuals who have a criminal record for sexual offenses are bound by different reporting obligations and conditions than those without criminal records. Before granting a termination order, the court will assess the relevance of the sex offender registry and if that individual has shown a probability of causing harm to the community. Furthermore, the court may require evidence of constructive engagement in treatment and active rehabilitation. It's noteworthy that the legislation underlining the sex offender registry in Canada is continually updated, ensuring that they remain aligned with current best practices in the legal arena. For instance, Bill C-75 modified the Criminal Code of Canada in 2018, introducing a new framework for the administration of justice in Canada. The passage of Bill C-75 had some implications on the sex offender registry's administrative process, allowing Canadian courts to proceed with an application to change and revise the sex offender registry's conditions upon evidence of substantial changes about the offender's rehabilitation and comportment. To summarise, Section 490.02913(3) of the Criminal Code of Canada mandates that a court that makes a termination order inform the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or the minister of justice of the territory of its decision. The court order terminates the individual's requirement to register as a sex offender if it meets several criteria and requirements. This section of the Criminal Code of Canada plays a vital role in ensuring that the sex offender registry operates effectively and efficiently, serving the best interest of the Canadian community.

STRATEGY

When dealing with Section 490.02913(3) of the Criminal Code of Canada, there are several strategic considerations to take into account. These considerations include understanding the consequences of a termination order, identifying the key stakeholders to notify, and developing a clear communication strategy. Firstly, it is important to understand the consequences of a termination order. A termination order means that an individual's criminal records are no longer accessible to the public or for employment purposes. However, it is important to note that certain agencies, such as law enforcement, may still have access to the records. Therefore, it is crucial to understand the implications of a termination order and ensure that the appropriate parties are notified of the decision. Secondly, identifying the key stakeholders to notify is an important strategic consideration. The Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or the minister of justice of the territory must be notified of the decision. However, it may also be beneficial to notify other parties, such as the individual's employer or educational institution, especially if the termination order may impact their employment or academic status. Finally, developing a clear communication strategy is crucial when dealing with Section 490.02913(3) of the Criminal Code of Canada. This includes determining the appropriate method of notification, such as email or certified mail, and ensuring that all parties receive timely and accurate information. It may also be helpful to provide additional context and information about the termination order to ensure that all parties fully understand the implications. In terms of strategies that could be employed, one approach would be to work closely with legal counsel to ensure that all aspects of the termination order are properly executed. This may include verifying that all required parties have been notified and ensuring that the individual's criminal records are properly sealed or destroyed. Additionally, developing a clear communication plan that outlines the key stakeholders and methods of notification can help ensure that everyone is informed in a timely and efficient manner. Another strategy would be to ensure that the individual whose records are being terminated is fully aware of the process and any potential implications. This may involve providing the individual with clear and concise information about the termination order and the parties who will be notified. Additionally, it may be helpful to provide the individual with resources or support to help them navigate any potential challenges that may arise as a result of the termination order. In conclusion, when dealing with Section 490.02913(3) of the Criminal Code of Canada, it is important to understand the implications of a termination order, identify the key stakeholders to notify, and develop a clear communication strategy. By carefully considering these strategic considerations and implementing appropriate strategies, individuals and organizations can effectively navigate this aspect of the criminal justice system.