section 490.015(1)

INTRODUCTION AND BRIEF DESCRIPTION

A person subject to an order may apply for termination after a certain number of years have elapsed, depending on the specific type of order.

SECTION WORDING

490.015(1) A person who is subject to an order may apply for a termination order (a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a); (b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).

EXPLANATION

Section 490.015(1) of the Criminal Code of Canada outlines the circumstances in which a person who has been subject to an order can apply for a termination order. This section specifies that an individual can apply for a termination order if a certain amount of time has elapsed since the initial order was made. The time period varies depending on the type of order referred to in paragraph 490.013(2). If the original order was made under paragraph 490.013(2)(a), the individual can apply for a termination order five years after the initial order was made. If the order was made under paragraph 490.013(2)(b), the individual must wait ten years before applying for a termination order. Finally, if the order was made under paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5), the individual must wait twenty years before applying for a termination order. It is important to note that a termination order does not necessarily mean that the initial order is completely erased from a person's record. It simply means that the individual is no longer subject to the order and can apply for certain rights, such as being able to possess firearms or travel outside of Canada. Overall, this section of the Criminal Code serves to provide a potential pathway for individuals who have been subject to certain orders to seek a termination of those orders after a specified period of time has elapsed.

COMMENTARY

Section 490.015(1) of the Criminal Code of Canada is an essential provision that allows individuals who have been subject to an order to apply for a termination order. The key aspect of this provision is that it provides a mechanism for individuals who have been subject to an order to have their rights and freedoms fully reinstated after a period of time has elapsed. This is an important safeguard as it ensures that individuals who have been subjected to an order serve their punishment but can ultimately reintegrate into society as fully as possible. The provision sets a standard period of time for each type of order, which is required to elapse before an application for a termination order can be made. In the case of an order referred to in paragraph 490.013(2)(a), five years must elapse. Paragraph 490.013(2)(a) refers to the seizure and forfeiture of digital devices or data storage media on which child pornography was found. In the case of paragraph 490.013(2)(b), it requires ten years to elapse, and this relates to the forfeiture of property used in the commission of an offense. Paragraph 490.013(2)(c) and subsections 490.013(2.1), (3) or (5) require 20 years to elapse before an application for a termination order can be made, and these relate to orders in relation to recognized organizations, terrorist entities, and other related matters. The rationale behind these timelines is that they provide a reasonable and appropriate period for individuals to demonstrate that they have changed and are no longer a danger to society. The standard periods of five, ten, and twenty years respectively afford individuals enough time to turn their lives around, demonstrate good behavior, show remorse, and ultimately reintegrate into society. Furthermore, these timelines go a long way in ensuring that the threat of punishment is strong as the individual would have to comply with the order for the required period before they become eligible for a termination order. It is notable that the provision only allows the person who is subject to an order to apply for a termination order. This provision is consistent with the idea that the person who is subject to punishment should be the one to demonstrate that they have changed and deserve a fresh start. It would only seem reasonable that the individual who is being punished should have to show that they are no longer a danger to society. In conclusion, Section 490.015(1) of the Criminal Code of Canada is an essential provision that provides a mechanism for individuals subject to orders to reintegrate society as completely as possible. By setting a standard period of five, ten, or twenty years depending on the type of order, individuals can demonstrate that they have become model citizens and, therefore, should have their rights and freedoms restored. Ultimately, this provision recognizes that individuals can change and are deserving of a second chance while still maintaining the primacy of public safety.

STRATEGY

Section 490.015(1) of the Criminal Code of Canada sets out the criteria that must be met in order for a person subject to a criminal order to apply for a termination order. This raises several strategic considerations for lawyers, particularly when dealing with clients who have been subject to such orders. Below are some strategies that could be employed to navigate this section of the Criminal Code of Canada. 1. Timing of Application: One of the key considerations when dealing with this section of the Criminal Code of Canada is timing. In order for an individual to apply for a termination order, they must wait for a minimum of five years (in some cases, up to 20 years) after the original order was made. Lawyers representing clients who are subject to such orders should be cautious about filing an application too early, as it may be dismissed by the court. Alternatively, if the application is filed too late, it may be viewed as a lack of initiative or responsibility on the part of the applicant. Therefore, lawyers should work with their clients to carefully document the timing of the original order and plan their application accordingly, keeping in mind the statutory time requirements. 2. Compliance with the Original Order: The successful application of a termination order is dependent on whether the applicant has fully complied with the terms and conditions of the original order. This includes paying any fines or restitution, completing community service requirements, and demonstrating good behavior. Lawyers representing clients who are subject to such orders should take care to ensure that their clients are in full compliance with all aspects of the original order before filing an application for a termination order. In order to demonstrate good behavior, clients must also avoid any criminal activity or other violations of the law that could undermine their application. 3. Demonstrating Rehabilitation: In order to successfully obtain a termination order, the applicant must demonstrate that they have been rehabilitated since the original order was made. This may involve presenting evidence of employment, education, community involvement, and counseling or therapy. Lawyers representing clients should work with their clients to document any progress they have made since the original order was made, as well as any steps they are currently taking to maintain their rehabilitation. This could involve obtaining letters of reference from employers or community members, as well as presenting evidence of successful completion of any rehabilitation programs. 4. Choosing the Appropriate Grounds: The grounds for application for a termination order are based on the length of time that has elapsed since the original order was made. Lawyers representing clients must carefully consider which grounds apply to their clients' situations and ensure that they meet the requisite time requirements before filing an application. Additionally, it may be necessary to decide which ground to apply for, based on the specific circumstances of the case. For example, if the original order was for a less severe offense, it may make sense to apply for a termination order after the minimum five-year period. However, in cases where the offense was more serious, it may be necessary to wait 20 years before applying for a termination order. In conclusion, navigating Section 490.015(1) of the Criminal Code of Canada requires careful planning and strategy. Lawyers must ensure that their clients are in full compliance with the original order, demonstrate evidence of rehabilitation, and choose the appropriate grounds and timing for the application. With the right approach, however, it is possible to successfully obtain a termination order and help clients move on from the impact of the original order.