INTRODUCTION AND BRIEF DESCRIPTION
This section allows for a reduction in the length of an offenders long-term supervision if they are sentenced to imprisonment.
SECTION WORDING
753.4(2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender’s long-term supervision.
EXPLANATION
Section 753.4(2) of the Criminal Code of Canada permits a court to reduce the period of an offender's long-term supervision if the offender is serving an imprisonment sentence under subsection (1). Upon imposing a sentence of imprisonment, the court has the discretion to order a reduction in the period of long-term supervision. Long-term supervision is an integral component of an offender's sentence, particularly for those who present an ongoing risk to public safety due to their criminal history or prior behaviour. It is considered part of the rehabilitation process and is meant to provide offenders with support and assistance in reintegrating into society. The court may order a reduction in the period of long-term supervision if the offender has displayed good behaviour while serving their sentence, received treatment or counselling, or has exhibited positive changes in their behaviour. This provision gives the court significant discretion in determining the length of the offender's supervision based on various factors, including the offender's compliance with their sentence and the risk they pose to public safety. Overall, Section 753.4(2) of the Criminal Code of Canada allows for a more flexible and individualized approach to sentencing offenders who require long-term supervision. It recognizes that offenders may make positive changes, and the court has the ability to adjust their supervision period accordingly. This provision serves as an essential tool for balancing rehabilitation efforts with public safety concerns and promotes practical sentencing solutions that address the unique circumstances of each offender.
COMMENTARY
Section 753.4(2) of the Criminal Code of Canada provides for a court's power to reduce the long-term supervision period imposed on a convicted offender. This section serves as a recognition that individuals who have been convicted of crimes and sentenced to imprisonment may not remain a danger to society throughout their entire sentence. Instead, with the right support and rehabilitation, convicted individuals may be able to re-enter society successfully. Long-term supervision is a unique aspect of Canadian criminal law, and one that is reserved for some of the most serious offences. It is a period of supervision that extends beyond an individual's imprisonment and is intended to ensure that they are reintegrated back into society gradually and safely. At the same time, long-term supervision is meant to protect the public from potential recidivism from the convicted individual. However, it is understood that during the course of long-term supervision, a convicted individual may demonstrate that they have made significant strides in rehabilitation and are no longer a danger to society. In such situations, Section 753.4(2) provides courts with the discretion to adjust the long-term supervision period accordingly. This allows courts to recognize progress made by a convicted individual and encourages further work towards rehabilitation. The discretion provided to the courts by Section 753.4(2) should not be viewed as a guarantee of a reduction in the long-term supervision period. The fact remains that any offender sentenced to long-term supervision has been convicted of a serious offense, and there is a need to ensure that public safety is maintained. Any reduction in the length of the supervision period must be made with careful consideration of the offender's progress, and the potential risks they still pose to society. At the same time, Section 753.4(2) recognizes that rehabilitation and reintegration of offenders is a critical component of the Canadian justice system. It is a reflection of a commitment to not only punishing offenders but also to support their rehabilitation and eventual reintegration back into society. In conclusion, Section 753.4(2) of the Criminal Code of Canada attempts to balance the need to protect society with the potential for rehabilitation of offenders. It provides courts with the discretion to adjust the length of long-term supervision as needed, based on evidence of the offender's progress and risk to society. The provision is a recognition of the importance of rehabilitation in the Canadian justice system. It is, however, critical that the safety of the public is always central in any decision regarding the length of a convicted individual's long-term supervision period.
STRATEGY
Section 753.4(2) of the Criminal Code of Canada allows a court to order a reduction in the length of an offender's long-term supervision. This provision provides an opportunity for offenders to have their sentences reduced, but it also raises strategic considerations for all parties involved in the justice system. For the Crown, the decision to apply for long-term supervision or oppose a reduction in the length of the supervision period can be influenced by several factors. One of the most important considerations is the offender's risk of reoffending. If the offender remains high-risk, a reduction in the length of the supervision period could increase the risk to public safety. On the other hand, if the offender has demonstrated significant progress and has low-risk factors, a reduction in the length of the supervision period may be appropriate. Additionally, the Crown may consider the cost of long-term supervision and the availability of resources to support the offender. A reduction in the length of the supervision period may free up those resources for other high-need offenders. For the defence, the decision to apply for a reduction in the length of the supervision period will depend largely on the individual circumstances of the offender. If the offender has made significant progress since the initial sentencing and is now a low-risk individual, then seeking a reduction in the length of the supervision period may be appropriate. Additionally, the defence may consider the impact of long-term supervision on the offender's rehabilitation and reintegration into society. If the offender has successfully reintegrated, then a reduction in the length of the supervision period may allow for further progress and opportunities for the offender. For the court, the decision to order a reduction in the length of the supervision period will be influenced by a number of factors. These may include the offender's demonstrated progress and risk level, the availability of resources, and the interests of public safety. The court must weigh these considerations against the need for appropriate consequences for the offender's actions and the need to ensure that the offender is held accountable. There are several strategies that could be employed by all parties involved in the justice system to ensure that the provisions of section 753.4(2) are being used effectively and appropriately. One strategy is to utilize risk assessment tools to evaluate the offender's risk level. This can help provide objective data to inform decisions about whether a reduction in the supervision period is appropriate. Another strategy is to establish clear criteria for when to apply for a reduction in the length of the supervision period. This can help ensure consistency and fairness in decision-making across cases. Another possible strategy is to promote the use of restorative justice principles in the decision to seek a reduction in the supervision period. This could involve engaging the victim in the process and considering their perspectives and needs. By doing so, a more holistic and victim-centred approach can be taken, which may lead to more effective outcomes for all parties involved. Ultimately, the provisions of section 753.4(2) of the Criminal Code of Canada provide a valuable tool for promoting the rehabilitation and reintegration of offenders. However, it is essential that all parties involved in the justice system approach this provision with a strategic and balanced perspective, considering the interests of public safety, the needs of the offender, and the principles of accountability and restorative justice.