section 490.02905(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the conditions under which an exemption order and notice correction can be issued in relation to a designated offense.

SECTION WORDING

490.02905(2) The court (a) shall make an exemption order if it is satisfied that the person has established that (i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or (ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition "designated offence" in subsection 490.011(1); and (b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition "designated offence" in subsection 490.011(1).

EXPLANATION

Section 490.02905(2) of the Criminal Code of Canada outlines the process for obtaining an exemption order and correcting a notice of an offender's record. An exemption order allows an individual who has been convicted of a crime, but has completed their sentence, to be exempted from certain legal consequences such as fingerprinting, background checks, and disclosure of criminal records. The court is required to make an exemption order if it is determined that the person was either not convicted, found not criminally responsible due to a mental disorder, acquitted of the offence, or if the offence committed is not equivalent to a designated offence as defined in subsection 490.011(1). If the court determines that the offence is not equivalent to the one in the notice, but is equivalent to another designated offence, the court is required to order that the notice be corrected. This ensures that the individual's record accurately reflects the offence committed, and that the appropriate legal consequences can be applied. Overall, this section of the Criminal Code of Canada aims to balance the interests of public safety and rehabilitation for offenders who have completed their sentences and wish to reintegrate into society. By allowing for exemption orders and the correction of notices, individuals who have paid for their past mistakes can move forward and rebuild their lives without unnecessary and detrimental consequences.

COMMENTARY

Section 490.02905(2) of the Criminal Code of Canada deals with exemption orders and the correction of notices relating to pardons or record suspensions. This section is highly important as it serves to protect the rights and reputation of individuals who have been previously convicted of or found not criminally responsible on account of a mental disorder for an offence. It also provides clarity on the type of offences that can be considered designated offences" and the conditions for obtaining an exemption order. Firstly, this section provides for exemption orders that can be issued by a court to individuals who have established that they were not convicted of or found not criminally responsible on account of a mental disorder for the offence in question. This means that if an individual was wrongly convicted, any further harm that might occur from the conviction can be mitigated by such an order. Similarly, if an individual was found not criminally responsible on account of a mental disorder, they might not have been fully responsible for their actions, and such an order would serve to protect their rights and reputation from further harm. Secondly, the section highlights the types of offences that can be considered designated offences" in paragraph (a) of the definition in subsection 490.011(1). It explains that if the person can establish that the offence in question is not equivalent to a designated offence, an exemption order can be issued. Essentially, designated offences are those that are considered to be serious and require a high level of inquiry. Typically, designated offences include sexual offences, offences against children, and offences that involve violence or drugs. Importantly, this section recognizes the complexity of the criminal justice system and the need for individual consideration. It acknowledges that some offences may not meet the criteria of a designated offence, but may still be serious enough to warrant an exemption order. With this consideration, the court is able to make the best decision that protects the rights and reputation of individuals. In conclusion, section 490.02905(2) of the Criminal Code of Canada is an essential part of the legal system. It serves to protect the rights and reputation of individuals who have previously been convicted of or found not criminally responsible on account of a mental disorder for an offence. Additionally, it clarifies the types of offences that can be considered designated offences" and the conditions for obtaining an exemption order. With the safeguards provided by this section, individuals are able to move forward with their lives after criminal justice involvement with some degree of confidence and protection.

STRATEGY

One of the key strategic considerations when dealing with Section 490.02905(2) of the Criminal Code of Canada is to ensure that the individual concerned is properly advised of their rights under the provision. This includes informing them of the factors that may be taken into account by the court when deciding whether to grant an exemption order or order a correction of the notice, and the evidence that may need to be presented to support their case. In practical terms, this may involve working closely with the individual's legal representative, or ensuring that the individual has access to legal assistance if required. This may be particularly important in cases where the individual is not familiar with the legal system, or where they may be vulnerable or marginalized in some way. Another important strategic consideration is to gather as much evidence as possible to support the individual's case. This may include obtaining records and documentation relating to the original offence, such as court transcripts or police reports, as well as medical or psychiatric reports that may be relevant to the individual's mental health status. In addition, it may be helpful to identify any witnesses or other individuals who can provide evidence to support the individual's case. This may include family members, friends, or healthcare professionals who are familiar with the individual's history and circumstances. When presenting evidence to the court, it is important to do so in a clear and concise manner, and to ensure that any relevant legal arguments or precedents are properly presented and argued. It may also be helpful to engage the court in a constructive dialogue, and to be prepared to respond to any questions or concerns they may have. Finally, it may be helpful to consider the potential long-term implications of the court's decision, both for the individual concerned and for any other parties involved. This may involve weighing the potential benefits and risks of pursuing a particular strategy or course of action, and considering any broader social, political, or ethical considerations that may be relevant. Ultimately, the goal should be to achieve the best possible outcome for the individual, while also ensuring that the broader principles of justice and fairness are upheld.