INTRODUCTION AND BRIEF DESCRIPTION
If an exemption order is made, the RCMP must remove all information related to the person from the database.
SECTION WORDING
490.02906(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
EXPLANATION
Section 490.02906(2) of the Criminal Code of Canada is a provision outlining the process of removing information from the national criminal record database in the event that an exemption order is made. This section applies to individuals who have been convicted of a criminal offence but have received an exemption order, which means the person is exempt from the usual disclosure requirements regarding their criminal record. If an appeal court makes an exemption order for an individual, the court must also make an order requiring the Royal Canadian Mounted Police (RCMP) to permanently remove any information related to the individual that was previously registered in the criminal record database. This means that all details related to the individual's criminal conviction or charges will be completely wiped from the database and will not be accessible to law enforcement agencies or potential employers. This section is important as it allows individuals who have been granted an exemption order to have a fresh start without the burden of their past criminal record. This can significantly impact the individual's ability to gain employment, travel, and pursue various opportunities. Therefore, the provision ensures that individuals who have been granted an exemption order are not unfairly stigmatized or penalized for their past criminal history. Overall, Section 490.02906(2) provides a legal recourse for individuals who wish to move forward from their past mistakes and avoid the negative consequences of having a criminal record. It reinforces the importance of giving individuals the opportunity to rehabilitate and reintegrate into society without being held back by their criminal history.
COMMENTARY
Section 490.02906(2) of the Criminal Code of Canada relates to the removal of information from the national DNA database. This section essentially mandates that if an appeal court grants an exemption application, the Royal Canadian Mounted Police (RCMP) must permanently delete all genetic information related to the individual from the database. In other words, if an individual gets cleared of a criminal offense on appeal and their DNA was initially collected as part of the criminal investigation, they can apply to have their DNA removed from the national DNA database, and the RCMP must comply if the appeal is successful. The collection and use of DNA evidence in criminal investigations is a fairly new practice in Canada. The national DNA database, also known as the National DNA Data Bank, was established in 2000 as part of the DNA Identification Act. The database collects DNA profiles from individuals convicted of certain offenses, as well as from crime scenes. The goal of the database is to help law enforcement agencies solve crimes by linking DNA evidence found at a crime scene to a potential suspect. However, the use of DNA evidence in criminal investigations raises privacy concerns. DNA contains sensitive personal information that, if misused, could have serious consequences for individuals. While the database is supposed to be used only for law enforcement purposes, there are concerns that the information could eventually be used for other purposes, such as insurance underwriting or employment screening. To address these concerns, the Criminal Code of Canada provides for the collection and use of DNA evidence to be governed by strict rules. Section 487.051, for example, requires that a judge issue a DNA warrant before any DNA sample can be collected from a suspect. In addition, section 487.091 sets out the circumstances under which DNA samples can be taken from convicted offenders. Section 490.02906(2) adds another layer of protection for individuals who have had their DNA collected and added to the national DNA database. If an individual successfully appeals a conviction and is granted an exemption from DNA databanking, they have the right to have their DNA information permanently removed from the system. This helps to prevent the misuse of individuals' sensitive genetic information and ensures that only those who have been convicted of a qualifying offense are added to the database. It's worth noting that the exemption process is not automatic. Individuals must apply to the court for an exemption order and provide evidence supporting their claim that they should be exempted from DNA databanking. Factors that the court will consider include the severity of the offense, the circumstances of the DNA collection, and the impact databanking would have on the individual. In conclusion, section 490.02906(2) of the Criminal Code of Canada is an important provision that ensures the protection of individuals' privacy rights in relation to the national DNA database. The provision balances the need for law enforcement agencies to access DNA information to solve crimes with individuals' right to privacy and the potential for misuse of personal information. It's a reminder that the use of DNA evidence should always be governed by strict rules and should only be used for its intended purpose.
STRATEGY
Section 490.02906(2) of the Criminal Code of Canada regarding exemption orders is a critical aspect of criminal law, touching upon the rights of convicted individuals who have completed their sentences. Essentially, the provision allows for the erasure of records and information about a person's criminal history if they receive an exemption order. However, this provision is subject to numerous considerations that must be strategically analyzed when dealing with such orders. One of the most important considerations is the potential impact of an exemption order on public safety. Some convicted persons may be considered dangerous, and thus, it is imperative to ensure that an exemption order does not threaten public safety. This means that law enforcement and prosecutors must conduct a thorough risk assessment before supporting an exemption order application. In rare cases, an exemption order may be granted with specific conditions, such as restricting the person's access to certain places or people. Another strategic consideration when dealing with this section of the Criminal Code is the impact of the order on the rights of convicted individuals. These exemptions are intended to be rehabilitative measures that allow individuals to reintegrate into society after completing their sentences successfully. Still, there is a delicate balance between providing the offender with a fresh start and protecting the community. Striking this balance is essential to ensure that the process is fair and reasonable while considering the overall impact of the individual's criminal record. In some cases, an exemption order may not be suitable, such as cases where the conviction is for specific offenses that are considered especially heinous, or where the offender has a history of reoffending. Furthermore, some convictions may be so serious that the Crown may object to an exemption order, arguing that the public interest should outweigh the offender's desire to have their record cleared. In these cases, prosecutors may submit evidence to the court to support their position, such as prior criminal history, risk assessments, or public safety concerns. One strategy that can be employed is to negotiate a plea deal that involves a suspended sentence. This type of sentence postpones the sentencing of the defendant to a specific point in the future, allowing them to prove that they are deserving of a more lenient sentence. If they complete the suspended sentence successfully, then the state often agrees to drop the criminal charges, and the offender's record remains intact. Another strategy that can be employed is appealing the conviction. If new evidence or circumstances come to light that could change the outcome of the case, the offender can appeal the decision and seek a higher court's ruling. If the higher court overturns the conviction, then the criminal records connected with it are also scrapped. In conclusion, section 490.02906(2) of the Criminal Code of Canada is an important provision that allows convicted individuals to apply for an exemption order that removes all information related to their criminal record. The consideration of public safety and the offender's rights is critical in such cases. Strategic methods such as negotiating plea deals or appealing convictions can be employed when seeking to utilize this section of the Criminal Code. Ultimately, balanced approaches are necessary to ensure that the offender can be rehabilitated and reintegrated into society successfully, while still prioritizing public safety concerns.