INTRODUCTION AND BRIEF DESCRIPTION
This section requires a person served with a notice to comply with the Sex Offender Information Registration Act for a specified period, unless exempted by a court order.
SECTION WORDING
490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).
EXPLANATION
Section 490.019 of the Criminal Code of Canada pertains to the Sex Offender Information Registration Act (SOIRA) which requires individuals convicted of certain sexual offences to register and comply with certain obligations. A person who is served with a notice in Form 53, which is an official notice provided by law enforcement informing the individual of their obligations under SOIRA, must comply with these obligations for a specified period of time. The applicable period of time is specified in section 490.022 and can range from anywhere between 10 years to the person's lifetime, depending on their specific offence and circumstances. During this time, the individual must provide their personal information, such as their name, address, and employment status, to the appropriate authorities and update this information when required. Failure to comply with SOIRA obligations can result in serious consequences, including criminal charges and potential imprisonment. However, in some cases, a court may make an exemption order under subsection 490.023(2) which would exempt the individual from compliance with certain obligations or allow for a shorter period of registration. Overall, section 490.019 is an important tool in the Canadian justice system for monitoring and managing individuals who have committed sexual offences and ensuring the safety of the public. It highlights the seriousness of sexual offences and the importance of holding individuals accountable for their actions and complying with their legal obligations.
COMMENTARY
Section 490.019 of the Criminal Code of Canada deals with the Sex Offender Information Registration Act and sets out the obligation of a person who is served with a notice in Form 53 to comply with the Act for the applicable period specified in section 490.022, unless a court makes an exemption order under subsection 490.023(2). The Sex Offender Information Registration Act is a federal law that requires individuals who have been convicted of certain sexual offences to register with the police. The purpose of this Act is to protect the public by providing law enforcement officials with information about the whereabouts of known sex offenders. Under this provision, a person who is convicted of a sexual offence and served with a notice in Form 53 must comply with the Act for a specified period of time. This period can range from 10 years to life, depending on the severity of the offence and the risk posed by the individual to the community. It is important to note that failure to comply with the Sex Offender Information Registration Act is a criminal offence. If a person fails to comply with the Act, they can be charged with a criminal offence and face a penalty of up to 10 years in prison. However, subsection 490.023(2) of the Criminal Code provides for the possibility of a court making an exemption order from the registration requirement for a person who has been served with a notice in Form 53. This exemption may be granted by a court if it is satisfied that the person is not likely to commit a sexual offence and that the public would not be put at risk if the person were not required to register under the Act. It is important to note that exemption orders are rare and are only granted in exceptional circumstances. The main reason for this is that the protection of the public is paramount in cases involving sexual offences. In light of this, it is clear that section 490.019 of the Criminal Code of Canada plays an important role in ensuring that those who have been convicted of sexual offences are closely monitored and that the public is protected from potential harm. In conclusion, this provision of the Criminal Code emphasizes the importance of enforcing the Sex Offender Information Registration Act and highlights the serious consequences of failing to comply with the Act. It provides a framework for monitoring and managing sexual offenders and serves to protect the public from potential harm.
STRATEGY
Section 490.019 of the Criminal Code of Canada imposes an obligation on individuals who are served with a notice in Form 53 to comply with the Sex Offender Information Registration Act. The applicable period specified in section 490.022 may range from a few months to life, depending on the nature of the sex offense and the offender's criminal history. Failure to comply with this obligation may result in criminal prosecution and penalties, including imprisonment. Given the serious consequences of non-compliance, individuals who are served with a notice in Form 53 should carefully consider their options and formulate a strategy to comply with the Act. Some strategic considerations that may be relevant in this context include: 1. Seek legal advice: It is advisable for individuals who receive a notice in Form 53 to consult with a criminal defense lawyer or a legal clinic before making any decisions about compliance. A lawyer can provide legal advice and guidance on the law and procedures involved in registering as a sex offender, as well as the potential consequences of non-compliance. 2. Understand the obligations: Individuals who receive a notice in Form 53 should familiarize themselves with the requirements of the Sex Offender Information Registration Act, including the registration process, reporting duties, and restrictions on activities and movements. They should also understand the consequences of non-compliance, including the potential for criminal prosecution and penalties. 3. Assess the impact on personal and professional life: Compliance with the Sex Offender Information Registration Act may have significant implications for an individual's personal and professional life, including employment, housing, and social relationships. It is important to evaluate the potential impact of registration and reporting obligations on these aspects of life and consider strategies to mitigate any negative effects. 4. Consider seeking an exemption order: Individuals who believe that their circumstances warrant an exemption from registration or reporting requirements may apply for an exemption order under subsection 490.023(2) of the Criminal Code. This application may be made to the court, and a judge may grant an exemption if satisfied that the order is justified in the circumstances. 5. Seek support from community organizations: Individuals who are registered as sex offenders may benefit from support and resources provided by community organizations, such as counseling, employment assistance, and advocacy. These organizations may help individuals cope with the challenges of compliance and mitigate the social stigma associated with sex offenses. In conclusion, compliance with the Sex Offender Information Registration Act is a serious obligation that requires careful consideration and planning. Individuals who receive a notice in Form 53 should seek legal advice, understand their obligations, assess the impact on their personal and professional life, consider seeking exemption orders, and seek support from community organizations. By developing a strategic approach to compliance, individuals can mitigate the negative consequences of registration and reporting requirements and work towards successful reintegration into society.