Criminal Code of Canada - section 490.025 - Requirements relating to notice

section 490.025

INTRODUCTION AND BRIEF DESCRIPTION

This section specifies the notification process if a court refuses to grant an exemption order under certain Acts.

SECTION WORDING

490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

EXPLANATION

Section 490.025 of the Criminal Code of Canada requires that if a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, the commissioner of the Royal Canadian Mounted Police and the attorney general of the province or minister of justice of the territory in which the application for the order was made must be notified of the decision. Additionally, the person who applied for the order must be informed of several provisions of the law related to sex offender registration and information. An exemption order allows an individual who has been convicted of a sexual offence to be exempt from certain requirements of the Sex Offender Information Registration Act. The decision to grant or deny an exemption order is made by a court or an appeal court. If the court denies the order or the appeal court dismisses the appeal or quashes the order, it must notify the relevant authorities and the applicant. The Sex Offender Information Registration Act requires individuals convicted of certain sexual offences to register with the police and provide personal information, such as their name, address, and date of birth. Failure to comply with registration requirements can result in criminal charges. Section 490.025 of the Criminal Code of Canada ensures that the relevant authorities are informed of decisions related to exemption orders and that individuals applying for such orders are aware of the consequences of being listed on the sex offender registry. It is an important provision in the pursuit of justice and the protection of the public.

COMMENTARY

Section 490.025 of the Criminal Code of Canada is part of a legislation that empowers a court to exempt a person who has been convicted of a sexual offence from the mandatory registration provisions of the Sex Offender Information Registration Act (SOIRA). This section outlines the consequences of a court's decision to refuse an exemption order or when an appeal court dismisses an appeal from such a decision or quashes an exemption order. The section mandates the court to notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or minister of justice of the territory where the application was made of the court's decision. This notification requirement is essential for the proper administration of justice and to ensure that public safety is protected. The notification serves as a warning to the authorities that the person who applied for the exemption order may be a danger to society and requires appropriate measures to monitor their actions. The section also demands that the person who applied for the order be informed of the relevant sections of the Criminal Code that deal with the registration and reporting requirements for sex offenders. This information is crucial as it empowers the person with knowledge about their obligations and responsibilities after a conviction for a sexual offence. It also demonstrates the seriousness of the crime and highlights the importance of complying with the registration and reporting requirements. The Sex Offender Information Registration Act is a critical piece of legislation that aims to protect society from sexual predators by establishing a national database of sex offenders. The Act requires individuals who have been convicted of sexual offences to register with the police, report changes in their circumstances, and follow strict guidelines regarding their movements and interactions with others. The Act is consistent with the Canadian Charter of Rights and Freedoms and serves to balance the interests of individuals' rights to privacy and the protection of society from harm. Section 490.025 reinforces the importance of these provisions by directing the court to notify the relevant authorities and the person who applied for the exemption order of their obligations under the registration provisions of the Act. Additionally, the section serves as a deterrent and emphasizes the seriousness of the offence by notifying the person of the specific sections of the Criminal Code that deal with sexual offences. In conclusion, section 490.025 of the Criminal Code of Canada is an essential provision that underpins the Sex Offender Information Registration Act. It facilitates the administration of justice by notifying the relevant authorities and the person who applied for the exemption order of the court's decision. It highlights the seriousness of the crime and the importance of complying with the registration and reporting requirements to ensure public safety. The provision strikes an appropriate balance between individual rights and the protection of society from sexual predators.

STRATEGY

When dealing with section 490.025 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. This section of the code pertains to the exemption order that may be granted to individuals designated as sex offenders, allowing them to avoid being subject to the mandatory registration requirements under the Sex Offender Information Registration Act. One of the primary considerations is the potential impact on public safety. The exemption order allows individuals who have been convicted of certain sex offences to avoid having their personal information and whereabouts registered with law enforcement agencies, creating potential risks for public safety. The decision to grant or refuse an exemption order must be made with careful consideration of any potential threat to public safety. Another consideration relates to the rights and freedoms of the individual seeking the exemption order. While public safety must be a priority, individuals also have the right to privacy and freedom from unreasonable government intrusion. The decision to grant or refuse an exemption order must strike a balance between these competing interests and ensure that the rights of individuals are protected. When dealing with section 490.025, some strategies that could be employed include: 1. Conducting a thorough risk assessment: Before making a decision on an exemption order, it is important to assess the individual's risk of reoffending and potential impact on public safety. This can be done through a comprehensive risk assessment that takes into account a variety of factors, including the individual's criminal history, behaviour patterns, and likelihood of reoffending. 2. Considering alternatives to exemption: There may be alternative options available that can balance the individual's rights with public safety concerns. For example, a court may consider imposing certain conditions on the individual's release or registration, rather than granting an exemption order. 3. Employing a multi-disciplinary approach: Decisions related to exemption orders should be made with input from a variety of professionals, including law enforcement officials, mental health experts, and legal professionals. This multi-disciplinary approach can ensure that all factors are carefully considered and that informed decisions are made. 4. Establishing transparent and consistent processes: To maintain public trust and confidence, it is important to establish transparent and consistent processes for making decisions related to exemption orders. This may include clear criteria for granting or refusing such orders, as well as transparent communication with all stakeholders. 5. Monitoring and reviewing decisions: As with any decision related to public safety, it is important to monitor and review exemption orders to ensure that they are effective and appropriate. This may include regular reviews of the individual's status and ongoing risk assessments, as well as periodic reviews of the exemption order itself. In conclusion, section 490.025 of the Criminal Code of Canada requires careful consideration and strategic planning in order to balance the rights of individuals with the need to protect public safety. By employing a multi-disciplinary approach that takes into account all relevant factors and establishing transparent and consistent processes, courts can make informed decisions that maintain public trust and confidence.