section 490.026(1)

INTRODUCTION AND BRIEF DESCRIPTION

A person subject to an obligation may apply for a termination order, unless they are subject to other obligations that began later.

SECTION WORDING

490.026(1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act that began later.

EXPLANATION

Section 490.026(1) of the Criminal Code of Canada deals with the application for a termination order by a person who is subject to an obligation under section 490.019. This section allows such a person to apply for a termination order, except when they are also subject to an obligation under section 490.02901 or section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or section 227.01 of the National Defence Act that began later. Section 490.019 of the Criminal Code of Canada deals with the obligation of a person who has been found not criminally responsible on account of mental disorder or unfit to stand trial. Such a person may be subject to certain obligations, such as attending a treatment program or reporting to a designated person. Section 490.026(1) allows such a person to apply for a termination order if they no longer wish to be subject to these obligations. However, there are certain exceptions to this rule. If the person is subject to an obligation under section 490.02901 or section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act, they cannot apply for a termination order. Likewise, if they are subject to an order under section 490.012 or section 227.01 of the National Defence Act that began later, they cannot apply for a termination order. The purpose of this section is to ensure that a person who is subject to obligations under the Criminal Code of Canada or other related Acts can seek relief from those obligations, as long as they do not fall under any of the exceptions mentioned above. It aims to strike a balance between protecting the public and ensuring that those who are no longer a risk to society are not unduly burdened by their obligations.

COMMENTARY

Section 490.026(1) of the Criminal Code of Canada deals with the termination of obligations under certain sections of the Code. It provides that a person who is subject to an obligation under section 490.019 may apply for a termination order, unless they are also subject to an obligation under other specified sections of the Code. Section 490.019 deals with the obligations of a person who has been found guilty of an offense and has been released on certain conditions. These conditions may include requirements such as reporting to a designated person, remaining within a specified area, or refraining from using drugs or alcohol. Failure to comply with these conditions may result in the revocation of the release and a return to custody. Section 490.026(1) allows a person who is subject to these obligations to apply for a termination order. This means that they can request to have their release conditions lifted or modified, allowing them greater freedom and autonomy. However, there are limitations to this provision. A person is not eligible for a termination order if they are also subject to an obligation under section 490.02901, which deals with obligations related to a recognizance to keep the peace or be of good behavior. They are also not eligible if they are subject to an obligation under section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act, which deal with military justice and the transfer of offenders between countries. Furthermore, a person is not eligible for a termination order if they are subject to an order under section 490.012 or section 227.01 of the National Defence Act, which deal with the detention and release of military offenders. The purpose of these limitations is to ensure that people who pose a threat to society or are considered high-risk offenders are not able to apply for termination of their release conditions. The government must take measures to protect society, and these measures may include monitoring and imposing conditions on individuals who have been found guilty of certain offenses. In conclusion, section 490.026(1) of the Criminal Code of Canada provides a mechanism for individuals who have been released on certain conditions to apply for the termination of those conditions. However, there are limitations to this provision, which are designed to ensure public safety and protect society from high-risk offenders.

STRATEGY

Section 490.026(1) of the Criminal Code of Canada provides a person with the ability to apply for a termination order to relieve themselves from an obligation under section 490.019, which typically involves reporting to a probation officer or providing a DNA sample. However, certain conditions must be met before an application for such an order can be made. One important strategic consideration when dealing with this section of the Criminal Code is timing. The application for a termination order cannot be made if the person is subject to another order that began later, such as an order under section 227.01 of the National Defence Act. Therefore, it is essential to ensure that no other orders or obligations have been placed on the person, or that any existing obligations have already been satisfied before applying for a termination order. Another important strategic consideration is the language used in the application. It is important to ensure that the wording of the application is clear and concise, and that all relevant information is provided. This will help to avoid any confusion or misunderstandings that may delay the application process. Strategies that could be employed to increase the chances of success when applying for a termination order include providing evidence of compliance with any existing orders or obligations, demonstrating that the person has taken steps to rehabilitate themselves, and highlighting any positive contributions the person has made to their community. Additionally, it may be helpful to have a legal representative assist with the application process to ensure that all requirements are met and that the best arguments are presented. It is also important to consider any potential repercussions of applying for and obtaining a termination order. For example, in some cases, the termination of an order may result in increased scrutiny from law enforcement or other authorities. Therefore, it is essential to weigh the potential benefits and drawbacks before proceeding with an application. In summary, when dealing with section 490.026(1) of the Criminal Code of Canada, it is crucial to consider timing, the language used in the application, and potential repercussions. Employing strategies such as providing evidence of compliance and positive contributions, seeking legal representation, and weighing the pros and cons can increase the chances of success.