INTRODUCTION AND BRIEF DESCRIPTION
If a convicted murderer does not apply for parole within the allowed time, the Correctional Service Canada must notify a relative of the victim.
SECTION WORDING
745.6(2.8) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).
EXPLANATION
Section 745.6(2.8) of the Criminal Code of Canada outlines the notification process that is required when a person convicted of murder fails to make an application for parole within the designated time frame. This section is an important part of the Canadian criminal justice system as it ensures that victims or their families are kept informed about the actions of the convicted person. Under this section, if a person convicted of murder fails to make an application for parole within the maximum time period allowed, the Commissioner of Correctional Service Canada or his or her designate must immediately notify in writing a parent, child, spouse, or common-law partner of the victim. If it is not possible to notify one of these relatives, then the notification shall be given to another relative of the victim. The notification must specify the next date on which the convicted person will be eligible to make an application for parole under subsection (1). This notification process is important for several reasons. Firstly, it ensures that victims and their families are kept informed about the actions of the convicted person and their eligibility for parole. This helps to provide closure for the victims' families and allows them to make informed decisions about their own lives and wellbeing. Secondly, it provides a measure of accountability for the convicted person, as it shows that their actions and decisions are being closely monitored and reported on. Overall, Section 745.6(2.8) of the Criminal Code of Canada plays an important role in ensuring that justice is served and that victims and their families are kept informed about the actions of the convicted person. By providing a notification process for those who are affected by a murder conviction, this section helps to provide closure and accountability for all involved parties.
COMMENTARY
Section 745.6(2.8) of the Criminal Code of Canada is a provision that mandates notification to family members of victims in cases where a convicted murderer does not apply for parole within the maximum time period allowed by the Code. This provision aims to give the family members some sense of closure and awareness of the process of parole applications and the potential release of someone who has committed an act of murder. This notification is an essential aspect of the criminal justice system in Canada, as it is necessary to provide the family of a victim with a degree of reassurance that their loved one's killer is not being released. Providing this notification can give the family the opportunity to prepare themselves mentally for any future parole application and to be prepared for the consequences of the application, should it be successful. The notification process begins if the convicted murderer does not apply for parole within the maximum time period allowed by the Code. This period is set by the Code, and it gives the convicted murderer the right to apply for release after serving a specified period of their sentence. According to the Code, this time period may vary from one convicted murderer to the other, depending on the circumstances surrounding the crime. But irrespective of the time limit, if the convicted murderer does not apply for parole within this specified time frame, the Director of Parole shall notify the victim's family in writing of the next time that the murderer will be eligible to apply for parole. The notification must be sent to the parent, child, spouse, or common-law partner of the victim. If none of these relatives are available or cannot be contacted, the notification shall be given to another relative of the victim. The notification specifies the date on which the convicted murderer will be eligible to apply for parole again. In cases where the convicted murderer will be eligible to apply for parole in the future, it is important to remember that this does not necessarily mean that they will be released. Instead, it is a process by which the Parole Board evaluates the offender's behavior, the level of treatment they have received while incarcerated, and the level of remorse they have expressed for their actions. If the Parole Board is convinced that the murderer is now fit to be released, they can decide to grant the application. In summary, Section 745.6(2.8) of the Criminal Code of Canada is a crucial provision for families of victims of crimes and also for members of the wider community. Notification of an offender's eligibility for parole can give the family of the victim some peace of mind and security in the knowledge that they have been informed of the process. Additionally, it's an essential part of the justice system that supports the idea of holding convicts responsible for their actions. Ultimately, the notification provision creates a more transparent and accountable parole application process that respects the rights of the victim and their family in the wake of such a heinous crime.
STRATEGY
Section 745.6(2.8) of the Criminal Code of Canada is a provision that deals with the communication of information to the relatives of victims of murder in case the convicted person does not make an application under subsection (1) within the maximum time period allowed by this section. This section recognizes the importance of keeping the relatives of victims informed about the status of the convicted person's application for parole or other forms of early release. In this essay, we will consider some strategic considerations that may arise when dealing with this section of the Criminal Code of Canada, and suggest some strategies that could be employed. Strategic Considerations When dealing with Section 745.6(2.8) of the Criminal Code of Canada, several strategic considerations may arise: Communication: The first strategic consideration is how best to communicate with the relatives of the victim. Communication is critical, and it is necessary to ensure that the information is conveyed in a way that is clear, concise, and empathetic. The communication must be timely and should provide the relatives with a clear understanding of the situation. Privacy: The second strategic consideration is privacy. The victim's relatives may have different preferences for the type of information they receive and may want to receive information only on specific dates. Moreover, the relatives may wish to keep the information confidential, which may require measures such as password-protected access to information. Legal Constraints: The third strategic consideration is legal constraints. The information that is communicated must be fully compliant with applicable laws and regulations. For instance, certain details may be protected under privacy laws, and only persons with the proper legal authorization may access such information. Hence, it is essential to have a clear understanding of the legal frameworks that apply when dealing with relatives of murder victims. Victim Services: The fourth strategic consideration is the availability of support services to the relatives of murder victims. The relatives may require emotional support or counseling, or they may need assistance with practical matters. Hence, it is advisable to have a comprehensive referral system in place to assist the relatives of victims in accessing these support services. Strategies That Could Be Employed Several strategies could be employed to ensure that the communication of information to the relatives of victims of murder is done in a manner that is empathetic, timely, and lawful. The following are some suggested strategies: 1. Develop Clear Communication Protocols: Effective communication requires clear, concise, and timely messaging. Therefore, it may be appropriate to develop communication protocols that outline the information that should be conveyed, who will communicate it, how it will be conveyed, and when it will be conveyed. 2. Offer Digital Access: Digital access to information can provide relatives with easy and convenient access to information using electronic devices. Access to information could be password-protected and made available through secure online portals. 3. Develop Privacy and Security Protocols: Given the sensitive nature of information related to murder victims, privacy, and security protocols must be developed to protect the information. These protocols could include measures such as the use of secure electronic platforms, passwords, and clear restrictions on the sharing of the information. 4. Provide Clear Legal Guidance: Throughout the communication process, it is critical to provide clear legal guidance on what information can be shared, the applicable privacy laws, and procedures for responding to issues that may arise related to the communication of sensitive victim information. 5. Provide Access to Support Services: It is essential to provide access to support services for relatives of murder victims. This could include counseling, legal assistance, and financial support where needed. Conclusion In conclusion, Section 745.6(2.8) of the Criminal Code of Canada is a critical provision that recognizes the need to keep the relatives of murder victims informed of the status of the convicted person's application for parole or early release. In dealing with this provision, several strategic considerations must be taken into account, including effective communication, privacy, legal requirements, and support services. Employing strategies such as clear communication protocols, digital access to information, the development of privacy and security protocols, legal guidance, and providing access to support services, can help ensure that the communication of sensitive victim information is done in a manner that is empathetic, timely, and lawful.