INTRODUCTION AND BRIEF DESCRIPTION
The definition of release from imprisonment is provided for the purpose of Section 109(2)(a)(ii).
SECTION WORDING
109(4) In subparagraph (2)(a)(ii), "release from imprisonment" means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.
EXPLANATION
Section 109(4) of the Criminal Code of Canada is a subsection that clarifies the definition of release from imprisonment" in the context of section 109(2)(a)(ii). According to this subsection, release from imprisonment" means that a person has been released from confinement due to various reasons, including the expiration of their sentence, the commencement of statutory release, or the grant of parole. The section is relevant because it pertains to the offence of breaching parole. In essence, section 109 of the Criminal Code makes it a criminal offence to breach a condition of a release order, such as parole. A person who violates this section can face imprisonment for up to ten years. The definition of release from imprisonment" in section 109(4) is crucial because it helps to determine if a person has breached a condition of their release order. For example, if a person was granted parole, then they were technically released from imprisonment, and they must comply with the conditions of their parole. Breaching any of those conditions could lead to a charge under section 109. Overall, section 109(4) clarifies the definition of release from imprisonment" in the context of section 109(2)(a)(ii) and is an essential provision in determining if someone has breached their release order and committed a criminal offence.
COMMENTARY
Section 109(4) of the Criminal Code of Canada deals with the definition of release from imprisonment". This definition is important in interpreting the provisions of section 109 and related provisions. In this commentary, we will discuss the importance of this definition and how it affects the administration of justice. Section 109 deals with the offence of intimidation of a justice system participant or journalist. This offence includes various acts that are aimed at influencing the activities of justice system participants or journalists, such as threatening or harassing these individuals or their family members. The penalty for this offence is severe, with a maximum of 14 years of imprisonment. Subsection (2) of section 109 sets out the elements of the offence. It includes a requirement that the accused must commit the offence while the justice system participant or journalist is engaged in the performance of their duties. The subsection also includes a requirement that the accused must intend to intimidate or retaliate against the justice system participant or journalist because of their duties. Subparagraph (2)(a)(ii) of section 109 further clarifies the scope of the offence. It defines release from imprisonment" as the act of releasing a person from confinement by reason of expiration of their sentence, commencement of their statutory release, or grant of their parole. This definition is important because it limits the interpretation of the offence. It ensures that the offence only applies to situations where the accused intends to intimidate or retaliate against justice system participants or journalists in connection with the release of an accused person from custody. The definition of release from imprisonment" in section 109(4) has significant implications for the administration of justice. It ensures that the scope of the offence is limited to situations where the accused intends to intimidate or retaliate against justice system participants or journalists in connection with the release of an accused person from custody. This ensures that individuals who work in the justice system or as journalists are not subject to intimidation or retaliation for simply performing their duties. The definition of release from imprisonment" also ensures that the accused person is punished appropriately and that their sentence reflects the seriousness of their crime. If the accused person intimidates or retaliates against a justice system participant or journalist in connection with the release of an accused person from custody, they are subject to a severe penalty. This penalty may deter others from engaging in similar behaviour and may help maintain public confidence in the justice system. In conclusion, section 109(4) of the Criminal Code of Canada provides an important definition of release from imprisonment". This definition limits the scope of the offence of intimidation of a justice system participant or journalist. It ensures that the offence only applies to situations where the accused intends to intimidate or retaliate against justice system participants or journalists in connection with the release of an accused person from custody. This promotes the administration of justice and helps maintain public confidence in the justice system.
STRATEGY
Section 109(4) of the Criminal Code of Canada is an important consideration for criminal defence lawyers, Crown prosecutors, and judges when dealing with issues related to post-sentencing release of an accused. The section provides clarity on the meaning of release from imprisonment," which is a critical factor when determining if an individual has violated a court order or a parole condition. Strategic Considerations: When dealing with Section 109(4) of the Criminal Code of Canada, there are some crucial strategic considerations that key actors in Canada's justice system ought to bear in mind. These include: 1. Sentencing: To ensure that an accused does not violate post-sentencing conditions, a criminal defence lawyer should consider seeking a fair sentence that the accused can manage. The sentence should not only take into account the offence committed but also the offender's past actions, character, and circumstances. 2. Parole Eligibility: Once an accused is sentenced, the Crown prosecutor should consider the offender's eligibility for parole, which is the discretionary release of prisoners by a parole board. If the offender is eligible for parole, the prosecutor should ensure that relevant information concerning the offence and the offender is presented to the parole board accurately. 3. Conditions of Parole: A judge should impose reasonable and achievable post-sentencing conditions that would ensure an offender's successful reintegration into society. These conditions might include mandatory drug counselling, community service, or staying away from certain people or places. 4. Post-Sentencing Monitoring: After the sentencing, police officers and probation officers should monitor the accused and ensure they comply with the conditions of their parole. If they fail to comply with the conditions, the offender can be charged with a breach of parole, and the Crown may seek to revoke their parole. 5. Mitigating Circumstances: Criminal defence lawyers and accused persons may present mitigating circumstances to the court to reduce their sentence or parole conditions. Mitigating factors may include an offender's difficult upbringing, a history of substance abuse, mental illness, or remorsefulness after the offence. Strategies: Given the strategic considerations outlined above, there are some strategies that criminal defence lawyers, Crown prosecutors, and judges may employ concerning Section 109(4) of the Criminal Code of Canada. These strategies include: 1. Negotiating a plea deal that would, among other things, reduce the offender's sentence or increase their chance of parole. 2. Providing the parole board and the offender with comprehensive information about post-release resources like housing, job training, and mental health support. 3. Requesting a conditional sentence where an offender can serve their sentence in the community under close supervision and guidance. 4. Considering the offender's personal history, character, or other mitigating factors that could justify a sentence reduction or relaxed parole conditions. 5. Improving sentencing guidelines, which could help promote more accurate, equitable, and lenient sentences that would increase the chances of a successful post-release. Conclusion: Section 109(4) of the Criminal Code of Canada is an important provision that ensures clarity on the issue of release from imprisonment." Despite the provision's importance, it is no silver bullet in addressing the challenges of post-sentencing release. Criminal defence lawyers, Crown prosecutors, judges, parole officers, and other key actors must adopt smart strategic considerations and employ innovative strategies to avoid or mitigate the challenges of post-release.