INTRODUCTION AND BRIEF DESCRIPTION

A person may apply for a termination order after receiving a pardon or record suspension.

SECTION WORDING

490.015(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

EXPLANATION

Section 490.015(3) of the Criminal Code of Canada relates to the termination of certain orders related to criminal records. Subsections (1) and (2) of this section provide for orders that can be sought by an individual who has been convicted of an offense and has served their sentence or been released on probation. These orders include a record suspension, which is often referred to as a pardon, and a discharge or conditional discharge. The purpose of these orders is to allow individuals who have committed offenses to reintegrate into society and have a fresh start, without the burden of a criminal record that can limit their opportunities. However, in some cases, even after obtaining one of these orders, an individual may still be subject to certain conditions or restrictions. For example, they may be required to report to a probation officer or may not be allowed to travel outside of the country. Section 490.015(3) provides a remedy for individuals who have obtained a record suspension or pardon but are still subject to these conditions. It allows them to apply for a termination order, which would lift any remaining restrictions or conditions. Once the termination order is issued, the individual is free to live their life without any further impacts of their criminal record. Overall, this section serves as an important tool for individuals seeking to move on from their past offenses and to reintegrate into society without the limitations of a criminal record.

COMMENTARY

Section 490.015(3) of the Criminal Code of Canada pertains to the application of termination orders in the context of pardons and record suspensions. In this provision, individuals who have received a pardon or had a record suspension ordered may apply for a termination order, irrespective of the fact that they have not yet completed the entirety of their sentence. The intention behind this section is to allow those who have demonstrated a clear and sustained commitment to rehabilitation the opportunity to move on from their past mistakes and contribute positively to society. The concept of a termination order is rooted in the principle of double jeopardy, which means that an individual should not be punished twice for the same offence. In the context of pardons and record suspensions, the purpose of a termination order is to formally end any residual legal obligations that may remain from an individual's sentence. This includes the removal of any restrictions on the individual's ability to travel, work, or engage in other activities that may have been imposed as part of their sentence. The provision in section 490.015(3) is particularly significant because it recognizes that the granting of a pardon or record suspension represents a significant milestone in an individual's rehabilitation journey. It acknowledges that, for some individuals, the completion of their sentence may be only the first step towards establishing a new life. In recognizing the importance of pardons and record suspensions, the provision also affirms the basic principle that individuals who have paid their debt to society should be given a second chance. Furthermore, this provision is in line with broader efforts towards criminal justice reform in Canada. Research has shown that punitive measures such as incarceration and the lifelong stigmatization of a criminal record can be counterproductive to rehabilitation. By providing pathways for individuals to fully reintegrate into society, Canada is taking strides towards a more restorative and rehabilitative approach to justice. As more individuals are able to successfully transition into lives free of legal restrictions and barriers, this can lead to lower rates of recidivism and ultimately promote safer and healthier communities. However, it is important to note that the application for a termination order is not automatic, and a person must still demonstrate that they are committed to their rehabilitation and are not likely to reoffend. As such, the decision to grant a termination order is ultimately left to the discretion of the courts, who will consider factors such as the nature of the individual's offence and any extenuating circumstances. The provision in Section 490.015(3) therefore both acknowledges the importance of pardons and record suspensions in aiding rehabilitation and the importance of ensuring that public safety is not compromised. Overall, Section 490.015(3) represents an important step towards creating a more just and equitable criminal justice system. By creating opportunities for individuals to move beyond the consequences of their past actions, this provision helps promote a society that is focused on rehabilitation and forgiveness, rather than punishment and stigmatization.

STRATEGY

Section 490.015(3) of the Criminal Code of Canada provides an opportunity for individuals who have obtained a pardon or a record suspension to apply for a termination order. This section offers some strategic considerations for individuals who are seeking to have their criminal record expunged. There are several strategies that can be employed when dealing with this section of the Criminal Code of Canada. The first strategic consideration is the timing of the application. An individual should wait until they have obtained a pardon or record suspension before applying for a termination order. This ensures that they meet the eligibility criteria for the order, as set out in the section. Applying for a termination order before a pardon or record suspension has been granted will result in the application being denied. Another strategic consideration is the documentation required for the application. In order to apply for a termination order, individuals must provide proof of their pardon or record suspension. This means that they must obtain the necessary documentation from the relevant authorities and ensure that it is presented to the court as part of their application. Failure to provide this documentation will result in the application being denied. It is also important to consider the reasons for seeking a termination order. Individuals may wish to have their criminal record expunged for a variety of reasons, such as for employment or travel purposes. It is important to communicate these reasons clearly in the application so that the court understands why the individual is seeking the order. Providing a clear and compelling argument for the termination order can increase the chances of it being granted. Another strategy that can be employed is to seek legal advice. A lawyer can provide guidance on the requirements for the application, the documentation needed, and the best arguments to make to the court. Legal representation can also increase the chances of the termination order being granted. Overall, section 490.015(3) of the Criminal Code of Canada opens up an avenue for individuals with criminal records to have them expunged. However, it is important to carefully consider the eligibility criteria, the documentation required, and the reasons for seeking the order before applying. Seeking legal advice and presenting a convincing argument to the court can increase the chances of the termination order being granted.