INTRODUCTION AND BRIEF DESCRIPTION
Applicants must notify the Attorney General of an application under subsection (3) at the time of application.
SECTION WORDING
753.2(4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.
EXPLANATION
Section 753.2(4) of the Criminal Code of Canada is a provision that requires an applicant seeking a reduced sentence for an offense to provide notice to the Attorney General at the time the application is made. This section is part of a larger framework that enables individuals convicted of serious crimes to apply for a reduction in their sentence if certain conditions are met. Under subsection (3), an applicant may seek a reduction in their sentence if they have served at least one-third of their sentence or 10 years, whichever is less, and they demonstrate that they are not a danger to the public. This provision is designed to balance the interests of justice and public safety by providing an avenue for rehabilitation and reintegration for individuals who have been incarcerated for a significant amount of time. However, in order to ensure that the Attorney General is aware of the application and has the opportunity to respond, subsection (4) requires that the applicant provide notice of the application. This notice requirement is important because it allows the Attorney General to assess the application and provide input to the court if necessary. The Attorney General may oppose the application if they believe that the applicant is still a danger to the public or if the reduction of sentence would not be in the interests of justice. In conclusion, section 753.2(4) of the Criminal Code of Canada is an essential provision that ensures that the Attorney General is notified of applications for reduced sentences under subsection (3). This notice requirement enables the Attorney General to assess the application and provide input to the court, which is a critical part of the process for determining whether a reduction in sentence is appropriate.
COMMENTARY
Section 753.2(4) of the Criminal Code of Canada stipulates that an applicant seeking a reduction in their sentence must give notice of their application to the Attorney General at the time the application is made. This provision is crucial in ensuring the fairness and transparency of the application process while enabling the state to protect the public and uphold the principles of justice. The main purpose of this provision is to provide the Attorney General with an opportunity to scrutinize and review the application before the court decides on the merits of the case. By receiving notice of the application, the Attorney General can assess the suitability of the applicant for a reduced sentence and decide whether to take an active or passive role in the application process. If the Attorney General determines that the applicant meets the requirements for a reduced sentence, they may not oppose the application or may support it. Alternatively, if they believe the applicant should not receive a reduced sentence, they may take a more active role in opposing the application in the interests of public safety. Furthermore, this provision acts as a safeguard against miscarriages of justice by providing additional scrutiny of the application process. The Attorney General represents the interests of the state, including the protection of public safety and the enforcement of the law, and their involvement in the application process ensures that these interests are taken into account. This is particularly important in cases where the offence committed is serious, and the safety of the public could be at risk if the sentence is reduced. In addition to being a measure of fairness and transparency, Section 753.2(4) also promotes accountability by giving the Attorney General an opportunity to make submissions to the court regarding the application. This means that the court can take into consideration the interests of the state and the public when determining the appropriate sentence in a particular case. By doing so, the justice system promotes transparency and accountability, and the public can trust that the judicial process is fair and impartial. In conclusion, Section 753.2(4) of the Criminal Code of Canada is a crucial provision in ensuring the fairness and transparency of the application process for reduced sentences. It allows the Attorney General to review the application and assess whether the applicant meets the criteria for a reduced sentence while promoting accountability and safeguarding the interests of the state. Ultimately, this provision helps to ensure that the justice system is fair and just while upholding the principles of public safety and the rule of law.
STRATEGY
Section 753.2(4) of the Criminal Code of Canada is an important provision when dealing with applications for a reduction in sentence or parole eligibility for individuals convicted of certain offenses. This provision requires that an applicant must give notice of their application to the Attorney General at the time it is made. This is a crucial strategic consideration for anyone seeking to make an application under section 753.2(3) of the Criminal Code because failure to comply with this requirement may lead to the dismissal of the application or other negative consequences. One of the most important strategic considerations when dealing with section 753.2(4) is the timing of the notification. In general, it is advisable to provide notice to the Attorney General as soon as possible, but at least before the application is heard by the court. This allows the Attorney General sufficient time to review the application and to prepare a response, if necessary. Failure to provide notice in a timely manner could result in delays or even the dismissal of the application. Additionally, it is important to provide notice in writing and to keep a copy of the notice for your records. Another strategic consideration when dealing with section 753.2(4) is the content of the notice. The notice should include information about the applicant, such as their name, address, and contact information. It should also include details about the offense for which they were convicted, the sentence imposed, and the reasons for seeking a reduction or change in the sentence. Finally, it should include the date and time of the application hearing and the name of the court where the hearing is taking place. One strategy that could be employed when dealing with section 753.2(4) is to seek the assistance of a lawyer or legal professional. A lawyer can help ensure that all of the necessary information is included in the notice and that it is provided to the Attorney General in a timely manner. They can also provide advice on other strategic considerations, such as the timing of the application and the likelihood of success. Another strategy that could be employed is to seek advance approval from the Attorney General before making an application under section 753.2(3). This can be particularly useful in cases where the offense is particularly serious or where the applicant has a lengthy criminal record. By obtaining advance approval, the applicant can avoid the risk of having their application dismissed outright and can increase their chances of success. In conclusion, section 753.2(4) of the Criminal Code of Canada is an important provision that must be taken into account when making an application for a reduction in sentence or parole eligibility. Failure to comply with this requirement can have serious consequences. By carefully considering the timing and content of the notice, seeking professional advice, and obtaining advance approval where appropriate, applicants can increase their chances of success and achieve their desired outcome.