section 490.024(2)

INTRODUCTION AND BRIEF DESCRIPTION

If the appeal court grants an exemption order, RCMP must permanently remove all information related to the person from the database.

SECTION WORDING

490.024(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

EXPLANATION

Section 490.024(2) of the Criminal Code of Canada deals with the issue of exemption orders in the context of police databases. Under Canadian law, police agencies maintain large databases that contain information about individuals who have been accused or convicted of criminal offenses. The information in these databases can include personal identifying information, criminal charges or convictions, DNA samples, and other sensitive data. In some cases, individuals who find themselves listed in these databases may wish to have their personal information removed. This could be because they have been wrongly accused or convicted of a crime, or because they have rehabilitated and do not wish to be associated with their past criminal history. To address this issue, Section 490.024(2) of the Criminal Code of Canada allows individuals to apply for an exemption order. If granted, this order requires the Royal Canadian Mounted Police (RCMP) to permanently remove all information related to the applicant from the police database. This section of the Criminal Code serves an important purpose in protecting the privacy of individuals who have had contact with the justice system. Removing their personal information from the police database can help to ensure that they are not unfairly targeted or stigmatized due to their past history. At the same time, it is important to ensure that law enforcement agencies are still able to effectively investigate and prosecute crimes, and that public safety is not compromised. Overall, Section 490.024(2) of the Criminal Code of Canada helps to strike a balance between privacy rights and public safety concerns, and is an important tool for ensuring fair treatment of individuals who have had contact with the justice system.

COMMENTARY

Section 490.024(2) of the Criminal Code of Canada is an essential provision that ensures that individuals who have successfully appealed their convictions, are not discriminated against based on their past criminal records. Once an individual successfully appeals their conviction, the appeal court can make an exemption order under this section of the law. Furthermore, the appeal court is obliged to make an order requiring the Royal Canadian Mounted Police (RCMP) to remove all information related to the person from the police database on receipt of the notice. The importance of this provision cannot be overstated, as having a criminal record can have significant and long-lasting effects on a person's life. A criminal record can prevent individuals from obtaining employment, housing or other opportunities, even if the crime was minor and committed many years ago. Moreover, having a criminal record can also impact a person's familial relationships, mental health and general well-being. This provision is especially crucial because of the possibility of wrongful convictions. Even with the best justice systems, errors can occur, and individuals can be wrongly convicted of crimes they did not commit. This can have devastating effects on their lives, especially if they have spent time in prison. This provision recognizes that wrongful convictions do occur, and it provides a mechanism for correcting these errors and mitigating their harmful effects. Furthermore, this provision ensures that individuals who have successfully appealed their convictions are not subjected to further discrimination and stigma. Without this provision, individuals who have had their convictions overturned would remain in the police database, and their records would be accessible to potential employers, landlords, and other interested parties. This could result in these individuals facing further discrimination and stigma, even though they have been cleared of wrongdoing. It is also worth noting that this provision is consistent with the principles of rehabilitation and reintegration. Criminal justice systems should not only punish offenders but also aim to rehabilitate them and facilitate their reintegration into society. By removing information related to the person from police databases, individuals who have successfully appealed their convictions have the chance to rebuild their lives without the burden of their past mistakes. In conclusion, section 490.024(2) of the Criminal Code of Canada is a crucial provision that ensures that individuals who have successfully appealed their convictions are not discriminated against based on their past criminal records. It recognizes that wrongful convictions can occur and provides a mechanism for correcting these errors and mitigating their harmful effects. It is consistent with the principles of rehabilitation and reintegration and recognizes that individuals who have made mistakes deserve a second chance.

STRATEGY

Section 490.024(2) of the Criminal Code of Canada outlines the process for obtaining a record suspension, which allows individuals with a criminal record to have their record permanently removed from police databases. This section requires the appeal court to make an order requiring the Royal Canadian Mounted Police to permanently remove all information related to the person from the database once the exemption order is granted. When dealing with this section of the Criminal Code, individuals should consider several strategic factors. One consideration is the timing of the application for a record suspension. Since the process of obtaining a record suspension can take several months or even years, it is important to apply as soon as possible in order to expedite the process. This can also help individuals to avoid unnecessary delays caused by clerical errors or other administrative issues. Another important strategic consideration is the individual's specific circumstances. For example, if an individual is applying for a record suspension in order to secure employment, they may want to prioritize their application in order to expedite the process and avoid losing job opportunities while waiting for their application to be processed. Additionally, individuals may want to work with a lawyer or legal expert to ensure that they are properly presenting their case and maximizing their chances of success. In order to effectively deal with section 490.024(2) of the Criminal Code, individuals may employ a range of strategies. One strategy is to gather as much evidence as possible to support their case. This could include character references, evidence of community involvement or volunteer work, or medical documentation of past addiction or mental health issues. Additionally, individuals may want to work with a legal expert to ensure that their case is presented in the most compelling and persuasive way possible. Another strategy is to prioritize the timing of the application and work actively to expedite the process. This may involve seeking out specialized legal expertise, or working directly with the police or other legal authorities to ensure that all necessary documentation and evidence is presented in a timely and effective way. Ultimately, dealing with section 490.024(2) of the Criminal Code requires careful consideration of an individual's specific circumstances, as well as the development and deployment of effective strategic approaches to maximize the likelihood of success. By working closely with legal experts and prioritizing a proactive and strategic approach to the process of obtaining a record suspension, individuals can effectively navigate this section of the Criminal Code and achieve their desired outcomes.