INTRODUCTION AND BRIEF DESCRIPTION
This section allows the court to order that certain offenders serve a minimum of either half their sentence or 10 years, whichever is less, before being released on full parole.
SECTION WORDING
743.6(1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.
EXPLANATION
Section 743.6(1.1) of the Criminal Code of Canada allows for a different parole eligibility process for offenders who are convicted of criminal organization offences. Specifically, if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, the court can order that the offender must serve one half of the sentence or ten years, whichever is less, before they are eligible for full parole. This provision is important because it recognizes the significant harm that criminal organizations can cause to society and the need for strong measures to combat them. Criminal organizations often engage in activities that involve violence, drugs, and other illegal activities, and the consequences of their actions can be devastating for communities and individuals. By setting stricter parole eligibility requirements for those convicted of criminal organization offences, the justice system can ensure that these offenders serve a meaningful and appropriate amount of time in custody before being considered for release. This helps to protect the public from potential harm and ensures that those who commit serious crimes are held accountable for their actions. Overall, section 743.6(1.1) is an important tool in the fight against criminal organizations, and serves to uphold the principles of justice and public safety in Canada.
COMMENTARY
Section 743.6(1.1) of the Criminal Code of Canada concerns the sentencing of offenders convicted of criminal organization offenses. This provision is unique in that it sets a specific duration for which offenders must serve their sentence before being eligible for full parole. The provision allows for the court to order that the offender must serve either one half of their sentence or ten years, whichever is less, before being released on full parole. The provision was introduced in 2008 as part of the Tackling Violent Crime Act, which aimed to increase public safety by strengthening laws related to violent crime in Canada. The provision was specifically aimed at addressing concerns related to organized crime and ensuring that those involved in such activities receive appropriate sentences. One of the key aspects of this provision is that it overrides section 120 of the Corrections and Conditional Release Act, which sets out the general rules for parole eligibility for federal offenders. This means that, in cases where an offender is convicted of a criminal organization offense and receives a sentence of two years or more, the court has the ability to impose a more stringent parole eligibility requirement than would otherwise be the case. The provision has been subject to some criticism, with some arguing that it unfairly limits the ability of offenders to reintegrate into society and rebuild their lives after serving their sentence. However, others have pointed out that the provision is intended to address the unique nature of criminal organization offenses, which often involve highly organized and sophisticated networks of individuals engaging in illegal activity. In such cases, it may be appropriate to impose a more stringent parole eligibility requirement in order to ensure that offenders do not return to a life of crime once they are released. Ultimately, the effectiveness of this provision will depend on how it is applied in practice. It is important that judges consider the specific circumstances of each case when determining the appropriate sentence, including the nature and severity of the offense, the offender's level of involvement in the criminal organization, and the potential for rehabilitation. Nevertheless, this provision represents an important tool for the Canadian justice system in addressing organized crime and ensuring public safety.
STRATEGY
Section 743.6(1.1) of the Criminal Code of Canada allows the court to order that an offender must serve a minimum of half their sentence or ten years, whichever is less, before they are eligible for full parole. This provision applies to offenders who have been convicted of a criminal organization offence, with the exception of sections 467.11, 467.12, or 467.13. When dealing with this section of the Criminal Code, there are a number of strategic considerations that must be taken into account. In particular, those involved must carefully consider the impact of this provision on the individual offender, as well as the larger social and political implications of such sentencing requirements. Firstly, it is important to recognize that this provision is highly controversial. Critics argue that mandatory minimum sentences, such as those imposed under this provision, are often ineffective at reducing crime and can have a negative impact on rehabilitation and reintegration of offenders back into society. As such, those involved in legal proceedings involving this provision must be prepared to defend against such critiques and present well-reasoned arguments in favor of this provision. Secondly, it is important to consider the potential impact on the offender. In many cases, a sentence imposed under this provision can be significantly longer than what might otherwise have been imposed. This can have a major impact on an individual's life, limiting their ability to work, maintain relationships, and participate in their community. For this reason, it may be important to consider alternative sentencing options that take into account the individual circumstances of the offender. Some strategies that could be employed when dealing with this provision might include: 1) Presenting evidence that suggests that mandatory minimum sentences may be counterproductive and do little to reduce crime, while causing significant harm to individual offenders and their families. 2) Arguing that alternative sentencing options, such as community service or rehabilitation programs, may be more effective at reducing recidivism and promoting rehabilitation and reintegration. 3) Presenting evidence that suggests that the mandatory minimum sentence imposed under this provision is disproportionate given the specific circumstances of the offence and the offender. 4) Arguing that the imposition of a mandatory minimum sentence under this provision violates an individual's Charter rights, specifically their right to be free from cruel and unusual punishment. In conclusion, while section 743.6(1.1) of the Criminal Code of Canada is a highly contentious provision, there are a number of strategies that can be employed when dealing with it. By carefully considering the potential impact on the individual offender and taking into account larger social and political implications, those involved in legal proceedings can work to ensure that justice is served in a fair and equitable manner.