Criminal Code of Canada - section 745.6(2.3) - Non-application of subsection (2.2)

section 745.6(2.3)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that certain subsections of the Criminal Code have no effect on certain determinations or decisions and allows for a limited time frame for making an application under subsection (1).

SECTION WORDING

745.6(2.3) Subsection (2.2) has no effect on a determination or decision made under subsection 745.61(3) or (5) or 745.63(3), (5) or (6) as it read immediately before the day on which this subsection comes into force. A person in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) as it read immediately before that day may make an application under subsection (1) within 90 days after the end of that time.

EXPLANATION

Section 745.6(2.3) of the Criminal Code of Canada deals with the effect of amendments made to the Criminal Code on certain determinations or decisions related to parole eligibility and review. Specifically, it states that subsection 2.2, which deals with the timing of applications for parole eligibility, does not apply to determinations or decisions made under subsections 745.61(3) or (5) or 745.63(3), (5) or (6) as they existed prior to the changes made by this subsection. Additionally, it allows individuals subject to those older provisions to apply for parole within 90 days of the end of the time set for their eligibility determination or review. Subsection 2.2, which is referred to in this section, relates to the timing of applications for parole eligibility. It sets out a minimum waiting period that individuals must adhere to before they can apply for parole, and also establishes certain procedural requirements for those applications. This section, however, clarifies that this subsection does not affect determinations or decisions made under older provisions related to parole eligibility and review. In other words, those older provisions remain in effect, even though they may differ from what is now required under subsection 2.2. Furthermore, this section provides relief to individuals subject to those older provisions who missed their deadline to apply for parole. They now have a 90-day window in which to make an application, provided they missed their deadline solely because of the new amendments made to the Criminal Code. This provision prevents any undue hardship on individuals who may have relied on the older rules and were caught off guard by the changes made. Overall, this section ensures that individuals subject to different versions of the Criminal Code are treated fairly and can receive the appropriate relief available under the law.

COMMENTARY

Section 745.6(2.3) of the Criminal Code of Canada is a legal provision that pertains to the application of section 745.6(2.2) under specific circumstances. This provision states that the preceding section has no effect on decisions or determinations made under subsections 745.61(3) or (5) and 745.63(3), (5) or (6) as they existed before the introduction of section 745.6(2.2). This legal provision also allows individuals who had a time set under paragraph 745.61(3)(a) or 745.63(6)(a) to make an application under subsection (1) within 90 days of the expiry of that time. The Criminal Code of Canada is a key piece of legislation that defines criminal offences and sets out their punishments. Among the provisions in the Code is section 745.6, which provides for the reduction of a person's sentence based on certain factors, such as good behavior, participation in rehabilitation programs, and the absence of further criminal conduct. Section 745.6(2.2) pertains specifically to murderers who were sentenced to life imprisonment with no eligibility of parole for 25 years. Section 745.6(2.2) introduced changes to the existing law by expanding the eligibility criteria for parole and providing for a shorter waiting period before a parole application can be made. However, this provision did not apply to all cases of parole eligibility, and that is where section 745.6(2.3) comes in. This provision exempts certain determinations or decisions related to parole from the purview of section 745.6(2.2) and allows individuals affected by these exemptions to make a parole application under section (1) within 90 days of the expiry of their sentencing. Section 745.6(2.3) is a legal provision that clarifies the application of section 745.6(2.2) and provides relief to individuals who were previously ineligible for parole under the older version of the law. This provision also ensures that certain cases are not subject to the new eligibility criteria introduced by section 745.6(2.2) and can be decided based on the older criteria. Overall, Section 745.6(2.3) of the Criminal Code of Canada provides important exemptions and clarifications related to parole eligibility following a sentence of life imprisonment. By doing so, it reinforces the principle of fairness and justice in the criminal justice system by ensuring that parole eligibility is determined based on relevant factors and not subject to arbitrary or inconsistent criteria. Ultimately, this provision contributes to the building of a just and equitable society by promoting the rehabilitation of offenders and encouraging their reintegration into society.

STRATEGY

Section 745.6(2.3) of the Criminal Code of Canada is a provision that outlines the transitional rules for applications under sections 745.61(3), 745.63(3, 5, or 6) as it read immediately before the day on which this subsection came into force. Essentially, the section provides a person with the ability to apply under subsection (1) after the end of a time set in paragraph 745.61(3)(a) or 745.63(6)(a) as it read immediately before that day, within 90 days after the end of that time, despite the newly enacted subsection (2.2). As with any legal provision, strategic considerations must be made when dealing with this section. Some of the strategic considerations that could arise are as follows: 1. Timing: The timing of an application is a crucial strategic consideration. The 90-day window provided in this section is a limited time frame. Thus, any application must be made within that window to avoid being time-barred. Counsel must keep this in mind when preparing an application. 2. Jurisdiction: Another strategic consideration is the issue of jurisdiction. Counsel must assess whether the court has the jurisdiction to consider an application under the section. If not, an application made would be dismissed. To avoid this, counsel should carefully consider whether the court has the required jurisdiction before filing any application. 3. Precedents and Case Law: Counsel must be up-to-date with the recent case law and relevant precedents regarding this section. This would enable them to assess the chances of success in any application they would make. It would also allow them to anticipate the arguments and objections that may arise in the course of the application. 4. Legal Arguments: In making an application under this section, legal arguments must be identified that would support the application. Essentially counsel must consider the reasons that the court would accept the application. There may be various legal arguments available that would prove useful in an application, such as an argument based on procedural fairness, the Charter of Rights and Freedoms, or the evidence put before the court in prior phases in the trial. Identifying such arguments would involve thorough research and analysis. 5. The Public Interest: Counsel must also consider the public interest involved in any application made under this section. The court would be reluctant to grant an application that goes against the public's interest or undermines the criminal justice system. Therefore, counsel must be able to show that the application is in the public's interest and does not prejudice the administration of justice. In summary, strategic considerations when dealing with section 745.6(2.3) of the Criminal Code of Canada are essential to the success of any application made under it. Strategies that could be employed include assessing the timing of the application, ensuring the court's jurisdiction, being up-to-date with the relevant case law, identifying legal arguments that support the application, and considering the public interest. By taking all these considerations into account, counsel can increase the chances of success in making an application under the section.