INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the timeframe in which a person can apply for a termination order after a sentence or verdict of not criminally responsible on account of mental disorder.
SECTION WORDING
490.02908(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered: (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
EXPLANATION
Section 490.02908(2) of the Criminal Code of Canada establishes the time period within which an offender can apply for a termination order regarding their criminal record. A termination order is a legal document that removes the record of the offender's conviction or finding of not criminally responsible on account of mental disorder. This Order can be granted if the prescribed time limit has elapsed since the imposition of the sentence or the ruling of the verdict. The legislation establishes different periods for applying for a termination order based on the maximum imprisonment term provided for in Canadian law for the comparable offense that the offender was convicted of. The longest period, 20 years, is provided in cases where the maximum imprisonment term for the similar offense is life imprisonment. For offenses that can be punished with imprisonment terms lasting two or five years, the period is five years. For offenses with maximum imprisonment terms of ten or fourteen years, the period is ten years. The purpose of this legislation is to allow offenders to apply for a termination order once they have served their sentence or have been found not criminally responsible, provided that a certain amount of time has elapsed. The time period allowed before the request for a termination order can be made varies based on the severity of the crime committed by the offender. If an offender has committed a crime with a prolonged maximum sentence, they must wait the longest amount of time before applying for a termination order, which correlates with the necessity for the highest period of criminal rehabilitation.
COMMENTARY
Section 490.02908(2) of the Criminal Code of Canada sets out the timeline within which a person may apply for a termination order following the imposition of a sentence or a verdict of not criminally responsible on account of mental disorder. This provision is crucial in ensuring that individuals who have been convicted of or found not criminally responsible for an offence are able to move on with their lives and reintegrate into society. The eligibility period for applying for a termination order varies depending on the maximum term of imprisonment provided for the equivalent offence in Canadian law. For offences with a maximum term of imprisonment of two or five years, the individual may apply for a termination order after five years have elapsed. For offences with a maximum term of imprisonment of ten or fourteen years, the eligibility period is ten years. Finally, for offences with a maximum term of imprisonment of life, the eligibility period is twenty years. The purpose of the eligibility period is to ensure that individuals who have been convicted of or found not criminally responsible for serious offences have demonstrated their ability to live lawfully and responsibly in the community for a significant period of time before they are granted a termination order. This provides protection to the public by limiting the risk of reoffending and ensures that those who have committed serious crimes are held accountable for their actions. However, it is important to note that the eligibility period is not an absolute bar to applying for a termination order. The court has discretion to grant a termination order before the end of the eligibility period if it is satisfied that it is in the interests of justice to do so. This allows for flexibility in cases where an individual has made exceptional progress in their rehabilitation or where the original sentence was unduly harsh. Overall, section 490.02908(2) strikes an appropriate balance between protecting the public and providing individuals with the opportunity to reintegrate into society after a period of rehabilitation. It is an important provision that ensures that the criminal justice system is not unduly punitive and allows for second chances where appropriate.
STRATEGY
Section 490.02908(2) of the Criminal Code of Canada provides individuals who have been convicted of a crime or found not criminally responsible on account of mental disorder with the opportunity to apply for a termination order, which would remove certain restrictions and obligations associated with their conviction or finding. This provision outlines specific time periods that must elapse before an individual can apply for a termination order, depending on the severity of the offense. In this essay, I will explore some strategic considerations when dealing with this section of the Criminal Code of Canada and suggest some strategies that could be employed. One strategic consideration when dealing with Section 490.02908(2) is the timing of the application. In order for the application to be successful, the individual must demonstrate that they have been rehabilitated and pose no risk to the public. Therefore, it may be strategic to wait until the allotted time frame has elapsed and the individual has completed any necessary rehabilitation programs before submitting the application. This will increase the likelihood of a positive outcome and reduce the risk of the application being denied. Another strategic consideration is selecting the appropriate legal representation to help prepare the application. Applying for a termination order can be a complicated process requiring detailed documentation and legal arguments. It may be strategic to engage a lawyer who has experience in this area of law and can provide guidance on the types of evidence required to support the application. A lawyer can also help determine the appropriate timing, as well as provide advice on how to present the application to the court effectively. One strategy that could be employed when dealing with Section 490.02908(2) is obtaining support from community organizations or individuals who can attest to the individual's rehabilitation and character. For instance, an individual who has volunteered for several organizations in their community may be able to obtain letters of support from those organizations or individuals who can attest to their character. This strategy may be particularly effective if the individual has been involved in activities related to the crime for which they were convicted, such as substance abuse or domestic violence, and can demonstrate a conscientious effort to overcome these issues. Another strategy that could be employed is presenting evidence of successful rehabilitation, such as completion of counseling and therapy programs, or participation in community outreach programs. Rehabilitation is a significant factor that the court considers when evaluating termination order applications. Therefore, presenting documentation of completion of therapy and counseling programs or letters of support from program facilitators and counselors may demonstrate the individual's willingness to change and desire to reintegrate into society. In conclusion, Section 490.02908(2) of the Criminal Code of Canada provides individuals with an opportunity to apply for a termination order after a certain time has elapsed since their conviction. When dealing with this section of the Criminal Code of Canada, strategic considerations such as timing of the application, selecting the appropriate legal representation, and obtaining community support can be essential to ensuring a successful outcome. Employing strategies such as presenting evidence of successful rehabilitation and community involvement may also improve the chances of the application being granted. Ultimately, it is important to approach the application process with a clear understanding of the requirements and to seek guidance from legal professionals who have experience in this area of law.