Criminal Code of Canada - section 462.331(9) - Application to vary conditions

section 462.331(9)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General may apply to cancel or change conditions of a management order, but cannot change an appointment.

SECTION WORDING

462.331(9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

EXPLANATION

Section 462.331(9) of the Criminal Code of Canada applies to the management orders that can be imposed on individuals or organizations who are found guilty of certain serious criminal offences under the Code. A management order is essentially a court order that places certain restrictions or conditions on the offender or the organization with the aim of preventing further criminal activities or unlawful conduct. Under this section, the Attorney General has the power to apply to a judge to cancel or modify any of the conditions that are attached to a management order. However, the Attorney General cannot use this power to change any of the appointments made under subsection (2). The appointments referred to in this section are the appointments of the directors or other persons who are responsible for the management and control of an organization that is subject to a management order. The purpose of this provision is to ensure that the Attorney General has the authority to intervene and make changes to the management order if necessary to achieve the objectives of the order. This could include situations where the conditions of the order are no longer effective or need to be revised based on new information or circumstances. However, this provision also recognizes that the appointments made under subsection (2) are critical to the effective management and control of the organization and should not be subject to arbitrary changes by the Attorney General. Overall, this section of the Criminal Code of Canada provides a mechanism to ensure that management orders are appropriately tailored to the circumstances of the individual or organization subject to them and can be modified as needed to achieve their intended purpose.

COMMENTARY

Section 462.331(9) of the Criminal Code of Canada is an important provision that sets out the powers of the Attorney General to vary or cancel any condition that is subject to a management order. A management order is a court order that is designed to allow the police and other law enforcement agencies to seize property that is suspected of being the proceeds of crime or that is used in the commission of an offence. The provision gives the Attorney General the power to apply to the judge at any time to vary or cancel any of the conditions that are attached to a management order. This means that if the Attorney General believes that the conditions of the management order are no longer necessary or appropriate, they can apply to have those conditions changed or removed. However, the provision also sets out a limitation on the Attorney General's powers. The Attorney General cannot apply to vary or change any appointment that is made under subsection (2) of the same section. This means that if the management order includes an appointment that is made under subsection (2), the Attorney General cannot apply to have that appointment changed or removed. The appointment made under subsection (2) refers to the appointment of an individual or an organization to manage the property that is subject to the management order. This appointment is usually made by the court and is designed to ensure that the property is properly managed while it is in the possession of the police or other law enforcement agencies. The limitation on the Attorney General's power to vary or change any appointment made under subsection (2) is important because it ensures that the individual or organization appointed to manage the property is not subject to arbitrary changes or removals. This limitation ensures that the appointment is made by the court and is based on the individual's or organization's qualifications and experience. In addition, the provision gives the Attorney General the power to apply to the judge to vary or cancel any of the conditions attached to the management order. This power ensures that the conditions of the management order can be changed or removed if they are no longer relevant or appropriate. However, it is important to note that the power of the Attorney General to vary or cancel the conditions of a management order should be exercised carefully and sparingly. The conditions of the management order are designed to ensure that the property is properly managed and that the proceeds of crime are not used to fund further criminal activities. Therefore, any changes to the conditions of the management order should be made only after careful consideration and assessment. In conclusion, Section 462.331(9) of the Criminal Code of Canada is an important provision that sets out the powers of the Attorney General to vary or cancel any conditions that are subject to a management order. While the provision gives the Attorney General the power to make changes to the conditions of the management order, it also includes a limitation that ensures that any appointments made under the order are not subject to arbitrary changes or removals. The power to vary or cancel the conditions of the management order should be exercised carefully and sparingly to ensure that the property is properly managed and that the proceeds of crime are not used to fund further criminal activities.

STRATEGY

Section 462.331(9) of the Criminal Code of Canada gives the Attorney General the power to apply to a judge to cancel or vary any condition of a management order. This section is often seen as a tool to manage the conditions of people who face criminal charges or have been convicted of a crime. There are several strategic considerations when dealing with Section 462.331(9). First, the Attorney General should consider whether it is in the best interest of justice and fairness to vary or cancel a condition of the management order. The decision to vary or cancel a condition depends on the nature of the condition, the behaviour of the offender, and the impact of the condition on the offender's life. The Attorney General should ensure that the conditions are reasonable, necessary, and proportionate. Second, the Attorney General should consider the potential consequences of varying or canceling a condition of the management order. Varying or canceling a condition may impact the safety of the community or the victim, and may affect the likelihood of reoffending. The Attorney General should weigh the risks and benefits of varying or canceling a condition, and ensure that the safety of the community and the victim are not compromised. Third, the Attorney General should consider the impact of the management order on the offender. The management order may have a significant impact on the life of the offender, such as limiting their mobility, restricting their association with others, and monitoring their behaviour. The Attorney General should ensure that the offender's rights are respected and that the restrictions imposed are not onerous or unnecessary. To effectively employ strategies when dealing with Section 462.331(9), the Attorney General can negotiate with all parties involved, including the offender, the victim, and community representatives, to identify the conditions that are reasonable and necessary. The Attorney General can also seek expert advice, such as from psychologists or psychiatrists, to assess the offender's mental health or risk of reoffending. The Attorney General can also consider alternative measures, such as referring the offender to a treatment program. In conclusion, Section 462.331(9) of the Criminal Code of Canada is a powerful tool that requires careful consideration when applying. Strategic considerations, such as the impact on the victim and the community, and the offender's rights and wellbeing, should be weighed before varying or canceling a condition of the management order. By employing strategies, such as negotiation and seeking expert advice, the Attorney General can ensure that the conditions of the management order are reasonable, necessary, and proportionate, while promoting justice and fairness.