section 696.2(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Minister of Justice must review applications under this Part in accordance with the regulations.

SECTION WORDING

696.2(1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations.

EXPLANATION

Section 696.2(1) of the Criminal Code of Canada outlines the process for the receipt and review of applications related to the administration of justice. This section requires that the Minister of Justice must review any application submitted under this Part of the Criminal Code, in accordance with the regulations prescribed. The regulations referred to in this section also outline the procedures and requirements for submitting an application. The purpose of this section is to ensure that applications related to the administration of justice are processed in a timely and efficient manner, and that they are reviewed in accordance with established regulations and procedures. The Minister of Justice is responsible for overseeing this process and ensuring that applications are handled in a fair, consistent, and transparent manner. Overall, Section 696.2(1) is an important provision in the Criminal Code of Canada because it helps to ensure that individuals who are seeking justice through the legal system are able to apply for the relevant remedies and resources, and that their applications are reviewed and processed fairly and efficiently. By establishing clear protocols for the handling of applications, this section helps to promote transparency, accountability, and access to justice in Canada.

COMMENTARY

Section 696.2(1) of the Criminal Code of Canada outlines the responsibilities of the Minister of Justice when they receive applications under Part XXIV of the Code. This Part is concerned with the process of criminal record suspensions, formerly known as pardons. The purpose of criminal record suspensions is to provide people with the opportunity to move on from their past mistakes and reintegrate into society. A criminal record can serve as a barrier to employment, housing, and other important aspects of life. By granting a pardon, the state is recognizing that the individual has taken responsibility for their actions and has demonstrated good behavior since the offense was committed. Section 696.2(1) mandates that the Minister of Justice must review any application for a criminal record suspension in accordance with the regulations. These regulations are set out in the Criminal Records Act and provide a detailed framework for the process of applying for and granting pardons. The regulations specify the eligibility requirements for a criminal record suspension. Generally, an individual must have completed their sentence and served a waiting period before they can apply for a pardon. The waiting period varies depending on the severity of the offense, ranging from 5 years for summary convictions to 10 years for indictable offenses. In addition to the waiting period, there are other criteria that must be met in order for an individual to be eligible for a criminal record suspension. These include demonstrating good conduct since the offense was committed, not being convicted of any other offenses during the waiting period, and not posing a risk to public safety. The regulations also outline the process for applying for a criminal record suspension. Applicants must submit a detailed application form, which includes information about their conviction, sentence, and criminal history. They may also be required to provide supporting documentation, such as court records or character references. Once an application is received, the Minister of Justice is responsible for reviewing it to determine whether the applicant meets the eligibility criteria. This may involve conducting background checks and consulting with law enforcement agencies. If the Minister determines that the applicant is eligible, they may grant a criminal record suspension. Overall, section 696.2(1) of the Criminal Code of Canada plays a crucial role in ensuring that the process of criminal record suspensions is fair and transparent. By requiring the Minister of Justice to review applications in accordance with the regulations, this section helps to ensure that only eligible individuals are granted pardons, and that public safety is not compromised.

STRATEGY

Strategic considerations when dealing with section 696.2(1) of the Criminal Code of Canada are important for both applicants and the Minister of Justice. Section 696.2(1) outlines the process that must be followed when an application is made to the Minister of Justice. The Minister of Justice is responsible for reviewing the application and making a decision in accordance with the regulations. One strategic consideration is to ensure that the application is prepared correctly and in accordance with the regulations. Applicants must provide all necessary information and documents to support their application. Any missing or incomplete information could result in the application being rejected or delayed, which may impact the outcome of the application. Another strategic consideration is to understand the regulations and how they apply to the specific circumstances of the application. This requires a thorough understanding of the legal framework and the various factors that can influence the Minister of Justice's decision-making process. Applicants should seek legal advice or guidance to ensure that they understand the regulations and the potential implications of their application. A third strategic consideration is timing. Applicants should consider when to submit their application to ensure that it is processed in a timely manner. Delays in processing can occur due to high volumes of applications or changes in regulations, which could impact the outcome of the application. It is essential to be aware of these potential issues and plan accordingly. Strategies that could be employed include: - Seek legal advice or guidance to ensure that the application is prepared correctly and in accordance with the regulations. - Provide all necessary information and documents to support the application and demonstrate eligibility for the relief being sought. - Address any concerns or issues raised by the Minister of Justice in a timely and appropriate manner. - Consider the potential impact of any delays or changes in regulations on the application timeline. - Ensure that the application is submitted well in advance of any deadlines or expiry dates to allow for processing time. In conclusion, section 696.2(1) of the Criminal Code of Canada outlines an important process for those seeking relief through the Minister of Justice. Strategic considerations and effective strategies can help ensure that the application is successful and processed in a timely manner. Applicants should seek legal advice and guidance to ensure that they understand the regulations and are prepared to navigate the complex process.