INTRODUCTION AND BRIEF DESCRIPTION
Offenders can apply to a court to reduce or terminate their long-term supervision if they no longer pose a substantial risk of reoffending.
SECTION WORDING
753.2(3) An offender who is required to be supervised, a member of the Parole Board of Canada or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.
EXPLANATION
Section 753.2(3) of the Criminal Code of Canada pertains to offenders who have been placed on long-term supervision orders, which require that they be supervised for a specific period of time after their release from imprisonment. This provision empowers such offenders, members of the Parole Board of Canada, or the offender's parole supervisor, to apply to a superior court for an order reducing or terminating the long-term supervision period. To do so, the applicant must prove that they no longer pose a significant risk of reoffending or being a danger to the community. This provision is important because it recognizes that people can change and may no longer require intensive supervision or monitoring as they move towards rehabilitation and successful reintegration into society. It places the onus of proving this change on the applicant, ensuring that the court has a strong basis for granting the reduction or termination. Overall, this provision serves as an important safeguard against the overuse of long-term supervision orders and enables offenders who have made significant progress towards rehabilitation to have their level of supervision revisited.
COMMENTARY
Section 753.2(3) of the Criminal Code of Canada provides offenders with a mechanism to seek early termination of long-term supervision orders or a reduction in the period of supervision. This can only be done by making an application to a superior court of criminal jurisdiction. The provision allows offenders to make this application on the ground that they no longer pose a substantial risk of reoffending and are no longer a danger to the community. The provision is important as it recognizes that individuals who have served their sentences and have undergone the rehabilitation process should be given a chance to reintegrate into society. Long-term supervision orders are often imposed on offenders who have completed their sentences, such as those who have served a sentence of imprisonment for serious offences. These orders are intended to monitor the offender's behaviour and ensure that they do not reoffend. The provision acknowledges that offenders may change over time. They may have undergone significant rehabilitation and may no longer pose a significant risk to the community. In such cases, it may be unfair to continue to subject the individual to strict supervision orders that restrict their freedom and limit their ability to integrate into society. Allowing offenders to apply for early termination or a reduction in their supervision period recognizes that the justice system should be focused on rehabilitation and not just punishment. However, it's important to note that the onus of proving that the offender no longer poses a substantial risk of reoffending is on the applicant. This means that the individual must provide evidence to support their claim that they have changed and are unlikely to reoffend. The court will consider various factors, such as the offender's behaviour during the period of supervision, their participation in rehabilitation programs, and their overall conduct in the community. The court will then make a decision based on the evidence presented. It's also important to note that the provision does not guarantee early termination or reduction in supervision periods. The offender must satisfy the court that they no longer pose a risk to the community. The provision strikes a balance between the need to protect the community and the need to rehabilitate offenders and reintegrate them into society. In conclusion, Section 753.2(3) of the Criminal Code of Canada recognizes that offenders may change over time and provides a mechanism for offenders to seek early termination or a reduction in their long-term supervision orders. The provision recognizes the importance of rehabilitation and reintegration and strikes a balance between the need to protect the community and the need to provide opportunities for offenders to reintegrate successfully into society.
STRATEGY
Section 753.2(3) of the Criminal Code of Canada allows an offender who is under long-term supervision to apply to a superior court for a reduction in the length of their supervision or for it to be terminated. The applicant must demonstrate that they no longer pose a substantial risk of reoffending and endangering the community. This provision presents some strategic considerations for offenders, parole supervisors, and the Parole Board of Canada. For offenders, the most important strategic consideration is to ensure that they present a strong case for why their long-term supervision should be reduced or terminated. The onus is on the applicant to prove that they are no longer a danger to the community, which means they need to provide evidence that demonstrates this. This evidence might include a track record of compliance with the terms of their supervision, evidence of rehabilitation, and expert assessments from mental health professionals. Another potential strategy for offenders is to work closely with their parole supervisors and the Parole Board of Canada to ensure they are meeting the requirements of their supervision. This means staying in regular communication with their supervisor, attending required meetings and appointments, and making progress with any rehabilitation or treatment programs. By demonstrating a commitment to their rehabilitation and complying with the terms of their supervision, offenders may be able to convince the court that they no longer pose a substantial risk of reoffending. For parole supervisors, the strategic considerations are somewhat different. Supervisors need to be vigilant in monitoring the behavior of offenders under their supervision, ensuring they are complying with the terms of their supervision, and identifying any signs of potential reoffending. If an offender under supervision appears to be making progress and meeting the requirements of their supervision, the supervisor should document this progress and be prepared to testify in court to support the offender's application for a reduction or termination of supervision. At the same time, supervisors must also assess the risk posed by the offender and keep this in mind when considering an application for early release. Even if an offender appears to be making progress and complying with the terms of their supervision, if they still pose a substantial risk of reoffending, the supervisor should advise against early release and be prepared to provide evidence to support this position. Finally, the Parole Board of Canada must also consider the strategic implications of applications by offenders for a reduction or termination of long-term supervision. The board must ensure that they are not putting the public at risk by granting early release, but at the same time, they must also balance the need for public safety with the goal of rehabilitating offenders. The board should carefully consider evidence provided by the offender and their parole supervisor and make a decision based on the available evidence. In conclusion, section 753.2(3) of the Criminal Code of Canada presents strategic considerations for offenders, parole supervisors, and the Parole Board of Canada. Offenders must demonstrate that they are no longer a danger to the community, parole supervisors must ensure that they are monitoring offenders closely and documenting progress, and the Parole Board of Canada must balance public safety concerns with the goal of rehabilitating offenders. By carefully considering these strategic considerations, it is possible to reduce the risk of reoffending while also promoting rehabilitation and reintegration into society.