INTRODUCTION AND BRIEF DESCRIPTION

A person can reapply for a record suspension after 5 years, receiving a pardon, or receiving a record suspension, but not if they become subject to certain obligations or orders.

SECTION WORDING

490.026(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become 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 to an order under section 490.012 or under section 227.01 of the National Defence Act.

EXPLANATION

Section 490.026(5) of the Criminal Code of Canada concerns the process of pardons and record suspensions for individuals who have been convicted of a criminal offense. Specifically, this section outlines the circumstances under which a person may reapply for a pardon or record suspension after being refused in a previous application. According to this section, an individual may apply for a pardon or record suspension again if at least five years have elapsed since their last application. Additionally, they may reapply once they receive a pardon or a record suspension is ordered. However, there are limitations on when a person may reapply. If an individual becomes subject to an obligation under section 490.02901, which concerns the reporting of information related to criminal records, or under section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act, they may not reapply for a pardon or record suspension. Similarly, if they receive an order under section 490.012 or section 227.01 of the National Defence Act, they may not reapply. In essence, this section provides guidelines for the process of pardons and record suspensions in Canada, while also specifying the circumstances under which a person may or may not reapply for such measures. By establishing these rules, the Criminal Code of Canada aims to ensure fairness and consistency in the administration of justice for individuals with criminal records.

COMMENTARY

Section 490.026(5) of the Criminal Code of Canada stipulates the criteria for repeat applications for a pardon or record suspension. The section highlights that an individual whose application for a pardon or record suspension has been denied can apply again after a period of five years from the date of the previous application. Moreover, an individual can make a repeat application after receiving a pardon or once a record suspension is ordered. However, a key point to note is that a repeat application cannot be made if the individual becomes subject to an obligation under section 490.02901, section 227.06 of the National Defence Act, or section 36.1 of the International Transfer of Offenders Act. Additionally, a repeat application cannot be made if the individual becomes subject to an order under section 490.012 or section 227.01 of the National Defence Act. The rationale behind this provision is to create a framework that ensures that pardon and record suspension applications do not become a revolving door process. By establishing a five-year waiting period for repeat applications, the system can assess the individual's behavior and verify that they have managed to lead a law-abiding life since their release and previous application. It is also worth mentioning that the section's requirements are essential in facilitating the successful reintegration of offenders into society. After completing their sentences, offenders often face significant obstacles, such as prejudice, discrimination, and inability to secure employment. A criminal record can be a significant barrier to ex-offenders seeking employment since it indicates an individual's past wrongdoing and portrays them as a risk to potential employers. Obtaining a record suspension or a pardon can alleviate some of these challenges by enabling ex-offenders to secure employment, leading to economic stability and cessation of criminal behavior. In conclusion, the provision of section 490.026(5) of the Criminal Code of Canada is a crucial aspect of the criminal justice system since it provides a framework for the successful reintegration of ex-offenders into society. The five-year waiting period and the requirement for a pardon or record suspension ensure that repeat applications are only made by individuals who demonstrate that they have maintained a law-abiding life since their release. By doing so, the system provides opportunities for reformation and empowers ex-offenders to lead productive lives and become positive contributors to society.

STRATEGY

Section 490.026(5) of the Criminal Code of Canada outlines the conditions under which a person can reapply for a record suspension after being refused. It is an important section for individuals who have made a mistake in their past and are looking to move on with their life. However, the process of applying for a record suspension can be difficult and requires careful consideration of strategic planning to ensure the best possible outcome. One strategic consideration when dealing with this section of the Criminal Code of Canada is timing. Applicants must wait at least five years after being refused before they can reapply. Therefore, it's essential to use this time to build a strong rehabilitation case. Applicants can work towards rehabilitation by getting involved in community service, pursuing education, or employment, and volunteering their time. By showing a genuine effort towards personal and moral growth, applicants increase their chances of a more favorable decision. Another strategic consideration is choosing the appropriate time to apply for a record suspension. Applicants should consider the timing of their application in relation to any other legal obligations. If an individual becomes subject to an obligation under section 227.06 of the National Defense Act after their previous application, they are prohibited from reapplying. Therefore, it's essential to understand the legal implications of any obligations that may arise. Applicants should also consider the requirements for a record suspension application carefully. Applications for a record suspension can be complex, and an incomplete application can result in a refusal. Therefore, it's crucial to ensure that all necessary documents and records are provided as part of the application. Additionally, applicants should seek legal advice to ensure that their application meets the requirements of the Criminal Code of Canada. One of the most critical strategic considerations is hiring a lawyer. A lawyer can offer invaluable advice on the record suspension process, the application requirements, and provide guidance on the best approach. A lawyer can also help to mitigate any potential issues that might arise during the process. Lastly, it's essential to be patient. The record suspension process can be lengthy and complicated, and it's unlikely that an application will be processed quickly. However, by being patient and following the proper steps and procedures, applicants can improve their chances of success. In conclusion, section 490.026(5) of the Criminal Code of Canada is an important section for individuals seeking a record suspension. It's essential to carefully consider strategic planning, including timing, obligations, application requirements, legal advice, and patience, when dealing with this section. By following these strategies, applicants can increase their chances of success.