section 490.013(5)

INTRODUCTION AND BRIEF DESCRIPTION

An order made under subsection 490.012(3) applies for life.

SECTION WORDING

490.013(5) An order made under subsection 490.012(3) applies for life.

EXPLANATION

Section 490.013(5) of the Criminal Code of Canada relates to the application of orders made under subsection 490.012(3). This section is important as it indicates that such orders have a permanent or lifelong effect. It applies to orders made by a court to limit an offender's ability to possess or access firearms, or ammunition. Subsection 490.012(3) allows a court to make an order prohibiting a person who has been convicted of a designated offence from possessing a firearm or ammunition. The court may also include any specific terms and conditions it deems appropriate for enforcing the order. The aim of this provision is to protect the community from possible harm caused by violence committed with firearms or ammunition by individuals with a criminal history. Once an order is issued under subsection 490.012(3), it remains in effect indefinitely unless otherwise ordered by the court. This means that an offender is permanently prohibited from possessing a firearm or ammunition, even after completing their sentence or parole. The lifelong consequences of such an order serve as a deterrent to individuals with a propensity for violence. In summary, Section 490.013(5) of the Criminal Code of Canada affirms that orders made under subsection 490.012(3) are for life, and it serves as a vital tool in protecting the community from preventable violent acts.

COMMENTARY

Section 490.013(5) of the Criminal Code of Canada is a highly controversial provision that grants the authorities the power to make a lifelong order against an individual convicted of a sexual offense. This order is made under subsection 490.012(3) of the Code, which provides for the imposition of specific conditions on the offender after their release from custody, including the prohibition of contact with minors, mandatory participation in treatment programs, and the wearing of a monitoring device. The imposition of a lifelong order is a severe penalty that has significant ramifications for the offender's life and liberty. Once a person is subject to such an order, they are effectively branded as a sex offender for the rest of their life, and this stigma can significantly impact their ability to live a productive and fulfilling life. One of the most significant concerns regarding such orders is that they may be subject to abuse by the authorities. There are instances where individuals have been labeled as sex offenders merely because they have engaged in consensual sexual activity with someone who is underage. While such acts are undoubtedly illegal and should be punished, it is questionable whether the imposition of a lifelong order is an appropriate punishment. Furthermore, lifelong orders may also be subject to a violation of the offender's constitutional rights. The criminal law system in Canada recognizes that convicted offenders have the right to rehabilitate and be reintegrated into society. The imposition of lifelong orders effectively negates this right and can lead to a lifetime of exclusion from normal society. Despite these concerns, lifelong orders remain in force in Canada, and it is up to the authorities to ensure that they are implemented appropriately and fairly. The provisions of the Criminal Code provide for the authorities to monitor individuals subject to such orders and to intervene if they believe that there has been a violation of the conditions. However, these provisions must be balanced against the fundamental rights and freedoms of the offender, as well as the principles of proportionality and the rule of law. In conclusion, Section 490.013(5) of the Criminal Code of Canada provides for the imposition of lifelong orders against individuals convicted of sexual offenses. While such orders may be necessary in some cases, they must be implemented in a manner that balances the rights of the offender with the need to protect society from harm. The authorities must ensure that lifelong orders are not applied indiscriminately, and that they are only used when absolutely necessary to protect the public. Ultimately, the provision must be reviewed regularly to ensure that it remains consistent with the principles of justice and fairness.

STRATEGY

Section 490.013(5) of the Criminal Code of Canada is a provision that grants courts the power to make an order that applies for the life of an accused person. This section applies to individuals who have been convicted of sexual offences or who pose a significant risk of committing such offences. Strategic considerations when dealing with this section of the Criminal Code of Canada include the potential impact on an individual's rights and freedoms, the potential challenges that may arise during implementation of the order, and the need to balance public safety with individual liberties. One strategy that could be employed is to advocate for alternative measures to the order being sought. For example, the accused person could be required to undergo counselling or therapy to address their risk of committing sexual offences. This approach may be more effective in reducing the likelihood of recidivism while also respecting the individual's rights. Another strategy is to challenge the constitutionality of the provision. This may involve arguing that the provision violates an individual's right to liberty and security of the person, or that it constitutes cruel and unusual punishment. Such challenges can be difficult to mount, but may be necessary in cases where the provision is likely to have disproportionately negative effects on an individual's life. A further strategy is to negotiate the terms of the order. This could involve seeking a reduction in the duration of the order or an exemption for certain activities that are important to the individual. Negotiation may be particularly useful in cases where the order is otherwise likely to have a significant impact on the accused person's life. Ultimately, any strategy employed when dealing with Section 490.013(5) of the Criminal Code of Canada must take into account the specific circumstances of the case, including the individual's risk of committing sexual offences and the potential impact of the order on their life. The objective should be to achieve an outcome that ensures public safety while also respecting the individual's rights and freedoms.