INTRODUCTION AND BRIEF DESCRIPTION
490.02907 If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Section 490.02907 of the Criminal Code of Canada pertains to the outcome of appeals made on exemption orders. An exemption order provides a convicted sex offender with an exemption from being listed on a national database of sex offenders. However, if such an exemption order is quashed by an appeal court, the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the relevant province, or the minister of justice of the territory, must be notified of the decision. Additionally, the individual who filed the application for the exemption order must be informed of specific sections within the Sex Offender Information Registration Act, as well as sections 490.031 and 490.0311 of the Criminal Code of Canada, and section 119.1 of the National Defence Act. This section emphasizes the importance of maintaining an accurate and up-to-date national database of sex offenders. It ensures that even if an exemption order was granted, and the offender's information was not available to the public, their status would still be updated and the relevant authorities would be informed if that order was quashed. Furthermore, it ensures that the offender is also informed of their rights and responsibilities under the law, which will help prevent future crimes and ensure accountability. Overall, section 490.02907 aims to enhance public safety and strengthen Canada's legal system's ability to protect its citizens from harm.
Section 490.02907 of the Criminal Code of Canada is a crucial provision that governs the notification process to be followed when an exemption order is quashed by an appeals court. An exemption order is a legal instrument that allows an individual to avoid the mandatory registration requirement under the Sex Offender Information Registration Act (SOIRA) in Canada. However, when an appeals court quashes an exemption order, there are serious consequences that must be taken into account, and this section sets out the specific processes to be followed. The provision stipulates that when an appeals court quashes an exemption order, it must inform both the Commissioner of the Royal Canadian Mounted Police (RCMP) and the Attorney General of the applicable province, or the Minister of Justice of the relevant territory of the decision. Additionally, the person who applied for the order must be informed of specific sections of the Criminal Code, including sections 4 to 7.1 of SOIRA, sections 490.031 and 490.0311, and Section 119.1 of the National Defence Act. Notably, the implication of the quashing of an exemption order by an appeals court means that the individual in question becomes subject to mandatory registration requirements under SOIRA. As such, they have to notify the police of their personal information and any changes to it and provide information regarding their whereabouts and activities on a regular basis. With the repeal of the previous two-tiered system of registration in 2017, all offenders, including those who were previously exempted from mandatory registration, are now subject to the same registration rules. As such, an exemption order is now virtually a dead letter, and there are fewer instances where it is applicable. The notification process outlined in Section 490.02907 is critical because it ensures that all the relevant authorities and parties are informed of the decision of the appeals court. By notifying the RCMP and the Attorney General or the relevant Minister of Justice promptly, the authorities can take the necessary actions to ensure that the offender complies with the mandatory regime. This situation is especially critical if an individual has been removed from the registry due to the quashing of their exemption order. In such cases, the RCMP and other relevant agencies need to ensure that all the necessary information is updated to comply with SOIRA requirements. Moreover, the section highlights the seriousness of the consequences of being convicted of a sexual offence. In Canada, any individual convicted of sexual offences against children must comply with the registration requirements under SOIRA, regardless of whether they were previously exempted from the registration requirement. Furthermore, the section seeks to enhance public safety by ensuring that all convicted sex offenders are registered under SOIRA, and their movements monitored to prevent further harm to the public. In conclusion, Section 490.02907 of the Criminal Code of Canada is a crucial provision that outlines the notification process when an appeals court quashes an exemption order. It ensures that all the relevant authorities are informed of the decision and that the offender understands the implications of the quashing of their exemption order. Furthermore, it emphasizes the importance of mandatory registration requirements for all convicted sex offenders to protect the public and enhance public safety.
In dealing with section 490.02907 of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. These include the potential consequences of a quashed exemption order, the role of various stakeholders, and possible strategies that can be employed to mitigate risks. One of the primary strategic considerations is the potential consequences of a quashed exemption order. If an exemption order is quashed by an appeal court, this means that the offender will no longer be exempt from certain registration requirements under the Sex Offender Information Registration Act (SOIRA) and may be required to register as a sex offender. This can have significant implications for the offender, including restrictions on travel, employment opportunities, and social stigma. Another strategic consideration is the role of various stakeholders in the process. The Commissioner of the Royal Canadian Mounted Police (RCMP), the Attorney General of the province, and the Minister of Justice of the territory are all key players in the notification process following a quashed exemption order. It is important to ensure that these stakeholders are informed of the decision and that any required notifications are made in a timely and accurate manner. Strategies that can be employed to mitigate risks associated with section 490.02907 include providing clear and accurate information to the court during the exemption order application process. This includes providing a detailed assessment of the offender's risk level and the reasons for seeking an exemption. It is also important to ensure that any relevant evidence is presented and that the appropriate legal arguments are made in support of the application. Another strategy is to maintain open lines of communication with key stakeholders throughout the process. This includes keeping the RCMP, the Attorney General, and the Minister of Justice informed of any developments and ensuring that they are aware of any potential implications of a quashed exemption order. By working collaboratively with these stakeholders, it may be possible to mitigate some of the negative effects of a quashed exemption order and ensure that the offender is able to navigate the registration process as smoothly as possible. Overall, dealing with section 490.02907 of the Criminal Code of Canada requires careful attention to detail, effective communication, and strategic thinking. By approaching this process with a clear plan of action and a thorough understanding of the legal and practical implications, it may be possible to achieve a positive outcome for all parties involved.