INTRODUCTION AND BRIEF DESCRIPTION
Sections 113 to 117 apply to every order made under subsection (1).
SECTION WORDING
109(5) Sections 113 to 117 apply in respect of every order made under subsection (1). R.S., 1985, c. C-46, s. 109; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1991, c. 40, s. 21; 1995, c. 39, ss. 139, 190; 1996, c. 19, s. 65.1; 2003, c. 8, s. 4.
EXPLANATION
Section 109(5) of the Criminal Code of Canada is a provision that specifies the applicability of certain sections of the Code in relation to orders made under subsection (1). This subsection refers to orders that may be made by a court in relation to a defendant who has been found guilty of an offence under the Code, specifically those involving the imposition of conditions that the defendant must comply with. The specific sections referred to in 109(5) are Sections 113 to 117 of the Criminal Code, which deal with various aspects of probation orders. These sections provide the framework for the imposition of conditions on a defendant who has been convicted of an offence, such as requiring them to report regularly to a probation officer, undergo counseling, or abstain from certain activities. By stating that Sections 113 to 117 apply in respect of every order made under subsection (1), Section 109(5) ensures that the procedures and requirements set out in these sections are followed in cases where a court has imposed conditions on a defendant. This helps to ensure that such orders are consistent and fair, and that defendants are held accountable for their actions while also being given the opportunity to rehabilitate themselves. Overall, Section 109(5) plays an important role in the administration of justice under the Criminal Code of Canada, helping to ensure that orders made by courts are effective and fair in their implementation.
COMMENTARY
Section 109(5) of the Criminal Code of Canada plays a crucial role in the criminal justice system of the country. It specifies that sections 113 to 117 apply in respect of every order made under subsection (1). This essentially means that anyone who is convicted of any criminal offense in Canada can be subjected to one or more of the orders mentioned in sections 113 to 117 of the Criminal Code of Canada. The orders mentioned in these sections include probation orders, prohibition orders, and recognizance orders. Probation orders typically require a convicted offender to follow certain conditions, such as reporting to a probation officer and refraining from associating with certain people or places. Prohibition orders may prohibit an offender from owning or possessing certain items or participating in certain activities. Recognizance orders typically require an individual to promise to keep the peace and be of good behavior or to surrender their passport. Section 109(5) of the Criminal Code of Canada ensures that these orders are applicable to all criminal offenders and that they are not limited to specific offenses or circumstances. This ensures that all offenders are held to the same standards and are subject to the same conditions, regardless of the nature of their criminal offense. Additionally, section 109(5) helps to ensure that offenders who are subject to these orders are supervised and monitored appropriately. Probation officers, for example, play a crucial role in helping individuals successfully complete their probation orders by offering support and guidance. Similarly, prohibition orders and recognizance orders can be monitored by law enforcement agencies to ensure that individuals are complying with the terms of their orders. Overall, section 109(5) of the Criminal Code of Canada helps to ensure that the criminal justice system is fair and consistent in its treatment of offenders. By subjecting all offenders to the same standards and conditions, the system can help to reduce recidivism rates and increase public safety. Additionally, the supervision and monitoring that come with these orders can help individuals successfully reintegrate into society and avoid future criminal activities. By providing clear guidelines for the use of these orders, section 109(5) helps to maintain the integrity and effectiveness of the Canadian criminal justice system.
STRATEGY
Section 109(5) of the Criminal Code of Canada is an important provision that applies to every order made under subsection (1) of the same section. This subsection empowers judges to order an offender convicted of an indictable offence to pay restitution to the victim for any loss or damage suffered as a result of the offence. The purpose of restitution orders is to compensate victims for their losses and to hold offenders accountable for their actions. Strategic considerations when dealing with this section of the Criminal Code of Canada can vary depending on the unique circumstances of each case. However, some general strategies that could be employed are: 1. Negotiation Negotiation can be an effective strategy in cases where the offender is willing to make restitution but may be unable to pay the full amount. In such situations, the victim and the offender may negotiate a payment plan or alternate forms of compensation, such as community service or volunteering. 2. Asset forfeiture In cases where the offender has assets that can be seized or forfeited, this strategy can be employed to compensate the victim. The Crown may seek to seize the offender's assets under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or the Criminal Code's forfeiture provisions. 3. Creditors' remedies In cases where the offender owes debts to creditors, this strategy can be employed to maximize the amount of restitution paid to the victim. Creditors' remedies include judgments, garnishments, and other forms of enforcement action that can be used to seize the offender's assets and pay the victim. 4. Civil litigation In addition to seeking restitution through the criminal process, victims may also pursue civil litigation against the offender to recover damages. This strategy may be appropriate in cases where the criminal justice system is unable to provide adequate compensation to the victim. 5. Victim impact statements One important strategy that can be employed is the use of victim impact statements. Victims have a right to submit a written statement outlining the impact of the crime on their lives, including financial losses. The judge must take these statements into consideration when imposing a sentence and ordering restitution. In conclusion, Section 109(5) of the Criminal Code of Canada provides an important tool for holding offenders accountable and compensating victims for their losses. Strategic considerations when dealing with this section can vary, but negotiation, asset forfeiture, creditors' remedies, civil litigation, and victim impact statements are all important strategies that can be employed to ensure maximum compensation for victims.