Criminal Code of Canada - section 490.02915(1) - Notice before release

section 490.02915(1)

INTRODUCTION AND BRIEF DESCRIPTION

The person in charge of a facility must give a copy of Form 1 to an offender subject to transfer under the International Transfer of Offenders Act 10 days before their release or discharge.

SECTION WORDING

490.02915(1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.

EXPLANATION

Section 490.02915(1) of the Criminal Code of Canada pertains to individuals who are subject to an obligation under section 36.1 of the International Transfer of Offenders Act. This section requires the person in charge of the place where the individual is serving the custodial portion of their sentence, or detained in custody before their release or discharge, to provide them with a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than ten days before their release or discharge. This section is particularly important for individuals who are being transferred from one country to another to serve their sentence or to be released. The Form 1 referred to in subsection 490.02912(3) is a document that outlines the individual's rights and obligations upon release or discharge. It also contains important information about the conditions of their release, including any parole requirements or restrictions on travel. By providing the individual with a copy of the Form 1 at least ten days before their release or discharge, the person in charge of the facility is ensuring that the individual has ample time to review and understand the document. This helps to ensure that the individual is aware of their obligations and rights, and can take steps to comply with any conditions of their release. It also helps to ensure that the individual understands the consequences of any violations of their release conditions, which can range from the imposition of fines to further imprisonment. Overall, section 490.02915(1) is an important measure to protect the rights and interests of individuals who are subject to international transfer of offenders, and to help ensure that they can successfully reintegrate into society upon release.

COMMENTARY

Section 490.02915(1) of the Criminal Code of Canada pertains to the International Transfer of Offenders Act, which governs transfer agreements between Canada and foreign countries for the repatriation of Canadian prisoners and foreign prisoners to their home countries. This particular section places an obligation on the person in charge of a facility where a person subject to an obligation under section 36.1 of the Act is serving a sentence or detained in custody to provide them with a copy of Form 1, not earlier than 10 days before their release or discharge. The purpose of Form 1 is to inform the offender of their legal rights and obligations upon their release or discharge. The form provides information regarding the offender's obligations to report to a probation officer, attend counselling or treatment programs, and adhere to any conditions or restrictions imposed on them. It also informs them of their right to apply for a pardon or record suspension and the consequences of breaching their obligations. This section of the code acknowledges the importance of providing offenders with information about their legal rights and obligations. Offenders who are not properly informed about their obligations may unintentionally violate them, leading to further legal consequences. By providing them with a copy of Form 1, the person in charge of the facility is ensuring that the offender is aware of their legal obligations and is able to comply with them. Additionally, this section reflects the importance of ensuring that offenders who have been transferred under the International Transfer of Offenders Act are not subjected to penalties that are more stringent than those imposed in Canada. Section 36.1 of the Act requires that consideration be given to certain factors when making a determination about the transfer of an offender, including the severity of the offence and the treatment and rehabilitation opportunities available in the receiving country. This section of the code ensures that offenders who are transferred are not subjected to additional penalties upon their return to Canada. Overall, Section 490.02915(1) of the Criminal Code of Canada is an important provision that recognizes the importance of ensuring that offenders are properly informed of their legal rights and obligations. By requiring the person in charge of a facility to provide offenders with a copy of Form 1, it ensures that they are able to comply with their obligations and avoid unintentionally violating them. Additionally, it reflects the importance of ensuring that transferred offenders are not subjected to additional penalties upon their return to Canada.

STRATEGY

Section 490.02915(1) of the Criminal Code of Canada mandates that the person in charge of a facility where a person is serving their custodial sentence must provide them with a copy of the Form 1 no earlier than ten days before their release or discharge. This provision has several strategic considerations that must be taken into account by any professional who works in the criminal justice system. The first strategic consideration is the clarity of communication between different authorities involved in the administration of justice. It is important that the authorities responsible for a person's sentence, such as the judiciary, the correctional services, and the international transfer of offenders program are fully informed of each other's actions. The Form 1 establishes the conditions under which a person will be transferred from one jurisdiction to another. Therefore, any failure to communicate can lead to complications later down the line, such as delayed transfers or bed space in the receiving country's facilities. The second strategic consideration is compliance with international agreements and protocols. The International Transfer of Offenders Act is an agreement between countries that seeks to ensure the safe and humane transfer of offenders between countries. Compliance with this act is necessary to ensure that the due process of law is followed and that human rights are respected. The provision of Form 1 is an essential part of this process, and failure to comply can lead to violations of human rights or denial of justice to offenders. The third strategic consideration is the potential for legal action against the responsible authorities. The provision of Form 1 is a legal requirement, and failure to provide it can lead to legal challenges by the offender or their legal team. This can lead to unnecessary delays and litigation costs that could have been avoided if the authorities had complied with the provisions of the Criminal Code of Canada. To ensure compliance with the Criminal Code of Canada, authorities should consider employing several strategies. These include the development of protocols for communication, reporting, and record-keeping for all transfers of offenders. Such protocols should be made available to all parties involved in the transfer process, including the judiciary, correctional services, and any international transfer offices. Another strategy is the provision of training and resources for personnel involved in the transfer of offenders. Training should include an overview of the International Transfer of Offenders Act, the Criminal Code of Canada, and any relevant international conventions and protocols. It should also include practical training on the use of Form 1 and the procedures for its completion and submission. Thirdly, authorities can use technology to streamline processes and improve communication between different jurisdictions. For example, electronic forms and submissions can reduce the risk of loss or damage to Form 1, and electronic communication can facilitate faster and more efficient exchanges of information. The use of technology can also improve compliance with relevant legislation and protocols. In conclusion, Section 490.02915(1) of the Criminal Code of Canada provides an essential safeguard in the transfer of offenders between countries. Compliance with this provision requires careful attention to communication and collaboration between different authorities, compliance with international agreements and protocols, and a commitment to due process and human rights. Employing proactive strategies such as training, protocols, and the use of technology can help authorities to achieve compliance and ensure that justice is served.