section 490.013(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines how long an order made under subsection 490.012(1) or (2) will apply, based on the maximum term of imprisonment for the offence.

SECTION WORDING

490.013(2) An order made under subsection 490.012(1) or (2) (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years; (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and (c) applies for life if the maximum term of imprisonment for the offence is life.

EXPLANATION

Section 490.013(2) of the Criminal Code of Canada outlines the duration of orders made under section 490.012(1) or (2). These orders, also known as a DNA orders, are made so that a person's DNA sample can be taken and analyzed for investigative purposes. This section provides a time frame in which the order remains in effect, depending on the severity of the offence committed. If the offence was prosecuted summarily or has a maximum term of imprisonment of two or five years, the order ends 10 years after it was made. This means that after 10 years, the person's DNA sample will be destroyed and the order will no longer be in effect. If the maximum term of imprisonment for the offence is 10 or 14 years, the order remains in effect for 20 years after it was made. This means that the person's DNA sample will be stored for a longer period of time, as the sentence for the offence was more severe. Lastly, if the maximum term of imprisonment for the offence is life, the order applies for life. This means that the person's DNA sample will be stored indefinitely, as the severity of the offence warrants a lifetime order. Overall, this section serves as a guideline for the duration of DNA orders, allowing for a more efficient and effective use of DNA analysis in criminal investigations while also ensuring that the privacy and rights of individuals are respected.

COMMENTARY

Section 490.013(2) of the Criminal Code of Canada establishes the duration of orders made under subsection 490.012(1) or (2). This section sets out that the length of time an order remains in force depends on the severity of the offense for which it was imposed. It also determines when an order comes to an end and when it applies for life. Under subsection (2) (a), an order made under subsection 490.012(1) or (2) will end ten years after it was made if the offense in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offense is two or five years. This provision is significant because it recognizes that individuals who have committed less serious offenses should not have a permanent record that negatively impacts their daily life. Subsection (2) (b) establishes that an order made under subsection 490.012(1) or (2) will end twenty years after it was made if the maximum term of imprisonment for the offense is ten or fourteen years. This provision reflects the fact that individuals who commit more severe offenses should face more stringent penalties and have lengthier sentences. However, this provision also allows these individuals to have a chance to reintegrate into society after completing their sentence. Finally, subsection (2) (c) of the Criminal Code of Canada provides that an order made under subsection 490.012(1) or (2) will apply for life if the maximum term of imprisonment for the offense is life. This provision is necessary because individuals who commit grave offenses should face a lifetime record because of the impact of their actions on society. Overall, section 490.013(2) of the Criminal Code of Canada establishes the duration of orders made under subsection 490.012(1) or (2) and ensures that an appropriate duration is set based on the severity of the offense. This section recognizes the importance of allowing individuals to have a second chance at life and not let their conviction haunt them forever. This provision strikes a balance between ensuring public safety and encouraging rehabilitation and reintegration into society. It recognizes that punishment should be proportionate to the gravity of the offense and sets out clear guidelines for when a criminal record should cease to follow an individual. In conclusion, section 490.013(2) of the Criminal Code of Canada is a crucial provision that provides clarity and fairness to the criminal justice system.

STRATEGY

Section 490.013(2) of the Criminal Code of Canada lists the time limits on how long an order made under subsection 490.012(1) or (2) will remain in effect. Understanding this section of the Criminal Code is crucial for anyone seeking to navigate or challenge a court order in Canada. There are multiple strategic considerations when dealing with this section of the Criminal Code. This essay will explore some of these strategic considerations as well as some potential strategies that could be employed. One of the primary strategic considerations when dealing with Section 490.013(2) of the Criminal Code is understanding the implications of each subsection of the section. The different timelines for the orders' expiration are based on the maximum term of imprisonment for the offence. A shorter timeframe (10 years) will apply if the maximum term of imprisonment for the offence is two or five years or if the offence was prosecuted summarily. This shorter timeframe means that those arguing for the continuation or cancellation of the order need to be aware of the order's expiry and be prepared to take action. Another strategic consideration is the fact that the order may apply for life if the maximum term of imprisonment for the offence is life. This means that individuals who are subject to a lifetime order need to understand the scope of the order and the consequences of not following it. If an individual wishes to cancel or modify the order, they need to be prepared to navigate the legal process, which can be complex and time-consuming. One of the strategies that can be employed is to argue that the order should end before the expiry date. If an individual can demonstrate that they no longer pose a risk to the public or that the order is no longer necessary, they may be able to have the order lifted early. This strategy requires demonstrating that they have made significant changes to their behavior or circumstances since the order was issued. Another strategy is to challenge the legality of the order. If the order was issued improperly, or if there are flaws in the evidence used to support the order, it may be possible to have the order overturned. This strategy requires a thorough understanding of the legal process and may require the assistance of legal counsel. Lastly, it is crucial to ensure that all legal requirements for challenging or modifying the order are met. This includes filing any necessary paperwork, appearing in court when required, and adhering to any deadlines. Failure to meet these requirements could result in the order remaining in effect or even escalating to a more severe order. In conclusion, Section 490.013(2) of the Criminal Code of Canada outlines the timelines for court orders' expiration based on the maximum term of imprisonment for the offence. Understanding the implications of this section is crucial for anyone seeking to challenge or navigate a court order in Canada. Some of the strategic considerations include understanding the different timelines, knowing the consequences of lifetime orders, and ensuring legal requirements are met. Strategies for challenging or modifying the order include arguing for early termination, challenging the legality of the order, and meeting all legal requirements.