section 490.028

INTRODUCTION AND BRIEF DESCRIPTION

If a person is eligible to apply for both an exemption order and a termination order, an application for one is deemed to be an application for both within one year after receiving a notice.

SECTION WORDING

490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.

EXPLANATION

Section 490.028 of the Criminal Code is a provision in Canadian law that governs the process for applying for exemption and termination orders. These orders provide individuals with a way to limit or terminate their participation in the DNA databank, which is a registry of genetic information used for law enforcement purposes. Under this provision, if a person is eligible to apply for both an exemption and a termination order within one year after they are served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act, they only need to apply for one order. The application will be deemed to be an application for both orders. This provision is designed to simplify the process for individuals who wish to limit or terminate their involvement in the DNA databank. It allows them to apply for both orders at the same time, rather than having to submit separate applications for each. This can save time and reduce the administrative burden on both the applicant and law enforcement officials. Overall, section 490.028 is an important part of the Criminal Code of Canada that ensures individuals have access to an efficient and streamlined process for applying for exemption and termination orders related to the DNA databank.

COMMENTARY

Section 490.028 of the Criminal Code of Canada plays an important role in ensuring that individuals who are subject to a notice under section 490.021 of the Act or section 227.08 of the National Defence Act have the ability to apply for both an exemption order under section 490.023 and a termination order under section 490.026. This section effectively streamlines the process for individuals who want to apply for both orders by considering an application for one order to be an application for both if made within a one-year period. Exemption orders can be granted to individuals who have been convicted of a criminal offence and want to regain the right to own a firearm. This order allows the individual to possess a firearm without violating the law. Termination orders, on the other hand, enable individuals who have been subject to firearms prohibitions or restrictions to have those restrictions or prohibitions, and any licenses or authorizations that have been revoked, set aside or reissued. Individuals who are subject to a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act are typically individuals who have been convicted of a criminal offence or a service offence, respectively. These notices inform the individuals that they are subject to a firearms prohibition or restriction, and their ability to own, possess, or acquire a firearm is limited or prohibited. Section 490.028 is designed to alleviate some of the administrative burden of the application process for those who are eligible to apply for both orders. Rather than requiring two separate applications and two separate legal processes, the section deems an application for one order to be an application for both. This means that individuals can fill out a single application and have it reviewed for both orders at once, resulting in less time, effort, and paperwork. By streamlining the process for individuals applying for these orders, the section ultimately ensures that the administration of justice is efficient and effective. Without this section, the process of applying for both orders separately could be discouraging for individuals, leading to fewer individuals applying for the orders and potentially putting themselves and others at risk. Overall, section 490.028 of the Criminal Code of Canada is an important component in the administration of justice. This section ensures that individuals who are subject to firearms prohibitions or restrictions have the ability to apply for exemptions or revocation of the restrictions, and that the application process is as streamlined as possible. It is a step forward in maintaining safety and security with regard to firearms usage, while also ensuring that individuals are not unduly burdened by red tape and bureaucracy.

STRATEGY

Section 490.028 of the Criminal Code of Canada is an important provision for individuals who may be eligible to apply for both an exemption order and a termination order. However, in order to effectively navigate this provision, it is important to consider a number of strategic considerations. The first strategic consideration when dealing with this section of the Criminal Code of Canada is to determine whether the individual is actually eligible to apply for both orders. In order to be eligible to apply for an exemption order, the individual must have been convicted of a designated offence or an offence that is punishable by a maximum sentence of at least 10 years imprisonment. In addition, the individual must not have been convicted of another designated offence or committed a serious personal injury offence in the past 10 years. Similarly, in order to be eligible to apply for a termination order, the individual must have completed their sentence and been living crime-free for a designated period of time. Once it has been determined that the individual is eligible to apply for both orders, the next strategic consideration is to decide the most effective timing for filing the applications. As per the provision, an application for one order is deemed to be an application for both if it is filed within one year of being served with a notice. Therefore, it may be strategic to file both applications at the same time in order to save time and resources. Another strategic consideration when dealing with this provision is to carefully draft the applications to ensure that both orders are adequately addressed. The application for an exemption order should focus on demonstrating that the individual does not pose a risk to public safety and that the order is necessary for their rehabilitation and reintegration. On the other hand, the application for a termination order should focus on demonstrating that the individual has completed their sentence, is living crime-free, and is unlikely to reoffend. In addition, it may be strategic to engage the services of a lawyer who is experienced in dealing with the criminal justice system. A lawyer can help the individual navigate the complex legal process and provide guidance and support at every stage of the application process. Finally, it is important to carefully consider the potential consequences of applying for both orders. Although an exemption order can help the individual to secure employment, housing, and other opportunities, it may also come with certain restrictions and conditions. Similarly, a termination order can provide the individual with greater freedom and autonomy, but it may also come with certain risks and challenges. In conclusion, section 490.028 of the Criminal Code of Canada provides an important opportunity for individuals to apply for both an exemption order and a termination order. However, it is important to carefully consider a number of strategic considerations when navigating this provision, including eligibility, timing, application drafting, legal support, and potential consequences. By taking a strategic approach, individuals can increase their chances of success and secure a better future for themselves and their loved ones.