INTRODUCTION AND BRIEF DESCRIPTION
An order made under 490.012(1) or (2) applies for life if the person is or was subject to certain obligations.
SECTION WORDING
490.013(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.
EXPLANATION
Section 490.013(3) of the Criminal Code of Canada is an important provision that outlines the duration of an order made under subsection 490.012(1) or (2). Subsection 490.012(1) allows a court to make an order prohibiting an offender from possessing firearms, ammunition, and other specified weapons, while subsection 490.012(2) allows a court to make an order for the forfeiture of firearms, ammunition, and other specified weapons found in the possession of an offender. Under section 490.013(3), if a person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act, or under section 36.1 of the International Transfer of Offenders Act, then the order made under subsection 490.012(1) or (2) applies for life. This means that the prohibition on possessing firearms, ammunition, and other specified weapons, or the order for forfeiture of such items, remains in effect for the rest of the person's life, regardless of any other orders or conditions imposed by the court. Section 490.019 and 490.02901 of the Criminal Code outline the obligations of an individual who has been found guilty of domestic violence related offences, and require them to surrender any firearms they possess. Section 227.06 of the National Defence Act provides similar provisions for individuals subject to military law, while section 36.1 of the International Transfer of Offenders Act requires individuals transferred to Canada from another country to comply with any orders or obligations imposed on them in their country of origin regarding firearms possession. Overall, section 490.013(3) plays an important role in ensuring public safety by maintaining strict control over firearms possession by individuals with a history of violent or criminal behaviour. It reinforces the seriousness of the prohibition imposed, and acts as a deterrent to future offending.
COMMENTARY
Section 490.013(3) of the Criminal Code of Canada is a provision that has been designed to enforce more stringent measures on individuals who have been convicted of certain criminal offenses. The provision allows for orders that have been issued under subsection 490.012(1) or (2) to apply indefinitely, in some cases, for life. An order made under subsection 490.012(1) or (2) refers to the court orders that stipulate the conditions to be met by the accused during the post-conviction period. In some cases, the conditions may be limited in time, and in others, the period may last indefinitely. The nature of the order will depend on various factors, including the severity of the crime, the age of the accused, whether the offense was committed with violence, and aggravating or mitigating circumstances. In situations where an order has been made under subsection 490.012(1) or (2), and where the person is or was at any time subject to an obligation under section 490.019 or 490.02901, section 227.06 of the National Defence Act, or section 36.1 of the International Transfer of Offenders Act, the order applies for life. The obligations under these sections require that the person meets certain requirements, which may include regular reporting to authorities, supervised activities, or prohibitions from certain activities. The provision essentially implies that individuals who have violated their obligations under these sections are deemed to be at risk of re-offending, and as such, exceptional measures must be taken to ensure public safety. The possibility of lifelong monitoring is a potent deterrent that may discourage individuals from breaching the conditions. Additionally, it ensures that the authorities are better equipped to track the movements of the accused, making it harder for them to abscond or commit new offenses. However, this provision raises several implications. Firstly, it raises concerns around the potential infringement of democratic values such as privacy and individual rights. Monitoring people indefinitely may constitute a violation of their fundamental human rights, and as such, concerns around the balance between public safety and individual autonomy must be considered. Secondly, lifetime monitoring may have severe consequences for the individual's emotional and mental well-being. Living under constant surveillance can cause anxiety, depression, and loss of self-esteem, making it difficult for the person to reintegrate into society. This provision, therefore, requires authorities to take responsibility for ensuring that individuals are provided with sufficient support to manage the psychological and emotional impact of lifelong monitoring. In conclusion, Section 490.013(3) of the Criminal Code of Canada provides courts with broader powers to impose indefinite monitoring on individuals convicted of serious crimes while subject to obligations under certain sections of Canadian law. While the provision is meant to safeguard public safety, it is important to recognize the potential implications for individual autonomy and well-being. Overall, a balance must be struck between public safety and individual rights to ensure that monitoring measures are fair, proportionate, and respectful of fundamental human rights.
STRATEGY
Section 490.013(3) of the Criminal Code of Canada is a critical provision that has significant implications when dealing with persons who are or were subject to obligations under various sections of the Criminal Code. These obligations may be related to probation, parole, or other types of restrictions on their freedom. This provision mandates that any orders made under subsection 490.012(1) or (2) will apply for the rest of the person's life if they were ever subject to an obligation under one of the mentioned sections. One of the main strategic considerations when dealing with this section is to ensure that all parties involved understand its implications fully. This includes the offender, their lawyer, the Crown prosecutor, and the judge. A failure to recognize the ramifications of this provision can lead to undesirable outcomes for all parties involved, including the offender, who might face lifelong restrictions. Furthermore, when dealing with a case that involves section 490.013(3), it is crucial to consider the defendant's age, criminal history, and the nature of the offense committed. This information can be used to make a compelling argument regarding the appropriateness of lifelong restrictions. For instance, if the offender is young, has no prior criminal record, and committed a minor offense, it might be possible to successfully argue against lifelong restrictions since they do not pose a significant risk to society. Another critical consideration is to explore alternatives to lifelong restrictions, such as conditional discharges or alternative sentencing. Conditional discharges can be an effective way to avoid lifelong restrictions as long as the offender meets specific conditions for a set period. This approach ensures that the offender can rebuild their life and avoid the stigma that comes with lifelong restrictions. In summary, when dealing with section 490.013(3), it is crucial to understand its implications, consider relevant information regarding the offender and offense committed, and explore alternatives to lifelong restrictions. Employing these strategies can enable all parties involved to achieve a fair, just, and reasonable outcome while upholding the law's principles.