section 490.026(4)

INTRODUCTION AND BRIEF DESCRIPTION

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

SECTION WORDING

490.026(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

EXPLANATION

Section 490.026(4) of the Criminal Code of Canada is a provision that allows persons who have received a pardon or a record suspension to apply for a termination order. In Canada, a pardon is granted by the Governor General and a record suspension is ordered by the Parole Board of Canada. Both of these actions serve to remove the criminal record of a person from public view and allow them to start anew without the stigma of a criminal conviction hindering their future prospects. Prior to the enactment of this provision, persons who had received a pardon or a record suspension were still subject to restrictions on their ability to travel and work. This was because their criminal record information continued to be available to certain agencies such as the police, customs officers, and immigration officials. However, with the introduction of the termination order process, individuals can now apply to have their criminal record completely erased. The process for applying for a termination order requires the person to provide evidence of their pardon or record suspension, as well as proof of their rehabilitation and good conduct. If the application is successful, the person's criminal record will be destroyed, and they will no longer be subject to any restrictions related to their past criminal convictions. Overall, this provision is an important aspect of the Canadian criminal justice system as it recognizes the importance of rehabilitation and second chances. It gives people who have made mistakes in the past a chance to move on with their lives and contribute meaningfully to society.

COMMENTARY

Section 490.026(4) of the Criminal Code of Canada provides an avenue for individuals who have received a pardon or record suspension to apply for a termination order. This provision overrides subsections (2) and (3) of the same section, which state that individuals with a criminal record are ineligible to apply for a termination order until a specified period has elapsed. This section of the Criminal Code of Canada is intended to provide a path for individuals who have been convicted of a criminal offence to have their criminal record effectively erased, provided they have satisfied the requirements of a pardon or record suspension. The concept of a pardon or record suspension is well-established in Canadian law, and is designed to provide individuals with a means of rehabilitation and reintegration into society. Pardons and record suspensions are granted to individuals who have completed their sentence and demonstrated that they have made positive contributions to society. Once a pardon or record suspension is granted, the individual's criminal record is essentially sealed," and is not accessible to most people or organizations. However, even with a pardon or record suspension, an individual may still face challenges in their personal or professional life as a result of their previous criminal record. For example, some employers require job applicants to disclose their criminal history, and may not hire individuals with certain types of criminal records. This can limit the individual's employment prospects and impact their ability to support themselves and their families. Section 490.026(4) of the Criminal Code of Canada addresses this issue by providing a mechanism for individuals with a criminal record to apply for a termination order. A termination order essentially erases the individual's criminal record, meaning that there is no longer any record of their previous criminal convictions. This can have significant benefits for the individual, including increased access to employment opportunities, greater freedom to travel, and improved quality of life. However, it is important to note that obtaining a termination order is not a simple or automatic process. The individual must meet certain criteria and follow a specific application process in order to be considered for a termination order. Additionally, the decision to grant a termination order is ultimately up to the discretion of the court, and is not guaranteed. Overall, section 490.026(4) of the Criminal Code of Canada is an important provision that recognizes the potential for individuals who have received a pardon or record suspension to face ongoing challenges due to their previous criminal record. By providing a path to a termination order, individuals can effectively start fresh" and move forward with their lives, without the burden of a criminal record holding them back. However, it is important that individuals understand the requirements and limitations of this provision, and seek the advice of a lawyer or other legal professional if they are considering applying for a termination order.

STRATEGY

Section 490.026(4) of the Criminal Code of Canada allows a person to apply for a termination order once they have received a pardon or a record suspension. A termination order would remove a person's criminal record from the Canadian Police Information Centre database and prevent it from being disclosed in background checks. However, there are important strategic considerations when dealing with this section of the Criminal Code that should be taken into account. One of the main considerations is timing. A person can only apply for a termination order once they receive a pardon or record suspension, but obtaining these can take a significant amount of time and effort. In order to minimize the impact of a criminal record on a person's life, it is important to pursue a pardon or record suspension as soon as possible. It is also important to make sure that all necessary paperwork and documentation is submitted correctly and on time, as errors or delays can prolong the process even further. Another strategic consideration is the potential for discrimination. Even with a termination order, a person may still encounter discrimination based on their past criminal record. It is important to be aware of this possibility and to take steps to minimize it. This may involve disclosing the record to employers or other organizations in advance and presenting a clear plan for rehabilitation and future success. It may also involve seeking legal advice and assistance in challenging discriminatory practices or policies. Finally, it is important to consider the long-term consequences of a criminal record and how a termination order may or may not impact these consequences. For example, a person may still be subject to immigration or other restrictions based on their past criminal record, even with a termination order. It is important to seek appropriate advice and guidance to ensure that all potential consequences are understood and addressed. Overall, strategic considerations when dealing with section 490.026(4) of the Criminal Code of Canada involve timing, potential discrimination, and long-term consequences. Strategies for addressing these considerations may include pursuing a pardon or record suspension as soon as possible, disclosing the record to relevant parties and presenting a clear plan for rehabilitation, seeking legal advice and assistance, and being aware of all potential consequences. By taking these factors into account, individuals can increase their chances of successfully obtaining a termination order and moving forward with their lives without the burden of a criminal record.