INTRODUCTION AND BRIEF DESCRIPTION
Review Board must provide a copy of Form 1 to a person when they are discharged with or without conditions.
SECTION WORDING
490.02915(2) A Review Board shall cause a copy of the Form 1 to be given to the person when it directs (a) under paragraph 672.54(a), that the person be discharged absolutely; or (b) under paragraph 672.54(b), that the person be discharged subject to conditions unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
EXPLANATION
Section 490.02915(2) of the Criminal Code of Canada pertains to the responsibilities of a Review Board when directing the discharge of a person who has been deemed a high-risk offender. Such offenders are typically individuals who have been convicted of serious sexual offenses and are subject to lengthy prison terms, as well as subsequent supervision and monitoring. When a Review Board determines that a high-risk offender should be discharged from custody, it must provide the person with a copy of Form 1, which outlines the conditions of their discharge and the restrictions on their behavior. There are two circumstances under which the Review Board may direct a discharge: first, if it is deemed appropriate to discharge the person absolutely without any conditions, and second, if it is determined that discharge subject to certain conditions is necessary. In the latter case, the Review Board must ensure that the conditions imposed do not restrict the person's liberty to such an extent that they are unable to comply with key provisions of the Sex Offender Information Registration Act. These provisions outline the requirements for high-risk offenders to register with authorities, to submit to monitoring and surveillance measures, and to report any changes to their personal circumstances that may impact their risk level. Overall, this section of the Criminal Code of Canada emphasizes the seriousness with which high-risk sexual offenders are treated, and the significant oversight and control that is required to ensure the safety of the community. By providing clear guidelines and requirements for discharge and supervision of these individuals, the criminal justice system aims to balance the rights of offenders with the protection of the public.
COMMENTARY
Section 490.02915(2) of the Criminal Code of Canada relates to the responsibility of a Review Board in providing a copy of Form 1 to a person who has been directed to discharge. The form 1 provides information about the person's criminal history, including their convictions, sentences, and any release conditions imposed. This information is crucial in informing the person of their legal obligations and responsibilities after their release. This legal document is issued in cases where the court has identified an individual as a threat to society due to their commission of a violent or sexual crime. The review board has an obligation to decide the appropriate conditions of release or discharge for such persons. The board must consider the safety of the community as the paramount consideration when making decisions about release conditions. To ensure that the release conditions are effective, the board is expected to assess the nature and severity of the crime committed by the offender, the risk level posed to the community, and the offender's level of rehabilitation and compliance. Under section 490.02915(2), the review board has a legal obligation to provide a copy of Form 1 to the individual when it directs that the person is to be discharged absolutely. This means that the person is no longer under any restrictions or conditions after their release. However, if the board directs that the person is to be discharged subject to conditions, the board is not obliged to provide a copy of the Form 1 if the conditions restrict the person's liberty in a way that hinders their ability to comply with sections 4, 4.1, 4.3., and 6 of the Sex Offender Information Registration Act. The Sex Offender Information Registration Act (SOIRA) is a federal law that mandates sex offenders to register their information and comply with registration requirements for a certain period. The registration requirements include providing their name, photograph, address, employment, and personal information to the registry and updating the registry of any changes in this information. The purpose of the act is to create a database of sex offenders, which can be used for public safety purposes. According to section 4 of the SOIRA, individuals who commit a designated sexual offense are required to register their information for a period of ten years, unless the court orders a longer or shorter period. Section 4.1 specifies that individuals convicted of two or more designated sexual offenses must register for life. Section 4.3 requires the individual to update the registry with any changes in their personal information within seven days of the change. Finally, section 6 requires the individual to report any changes in their location if they intend to leave their current location for over 14 days. In summary, under section 490.02915(2) of the Criminal Code of Canada, the review board must provide a copy of Form 1 to an individual who is discharged absolutely. If the board directs that the individual is discharged subject to conditions, they are not required to provide a copy of the form if the conditions restrict the person's liberty in a way that hinders their ability to comply with sections 4, 4.1, 4.3, and 6 of the SOIRA. This section serves as an essential safeguard to ensure that individuals who have been accused of violent or sexual offenses are monitored and prevented from posing a threat to the community.
STRATEGY
Section 490.02915(2) of the Criminal Code of Canada requires Review Boards to provide a copy of Form 1 to a person when they direct discharge or impose conditions on the person's release. This section is important as it ensures that the person is aware of the conditions they must follow and the consequences of failing to comply with them. As such, strategic considerations when dealing with this section include ensuring compliance, protecting the rights of the person, and preventing reoffending. One key strategy that could be employed is creating a system of checks and balances to ensure compliance. This could involve having regular check-ins with the person to ensure that they are following their conditions and are aware of the consequences of non-compliance. It could also involve creating a database that tracks the person's progress and compliance, making it easier for law enforcement to monitor their behavior. Another strategy could be to protect the rights of the person. This could involve ensuring that the conditions imposed are reasonable and not overly restrictive, balancing public safety concerns with the person's right to freedom. It could also involve ensuring that the person receives support and resources to help them reintegrate into the community and prevent future offences, such as counseling, education, and job training programs. Finally, preventing reoffending is a crucial strategic consideration when dealing with this section. This could involve implementing mandatory treatment programs for people deemed high risk, or increasing pre-release planning and post-release supervision to ensure that the person is adequately prepared to re-enter society. It could also involve creating a community-based system of support and accountability that involves the person's family and community members in their rehabilitation and reintegration process. In conclusion, Section 490.02915(2) of the Criminal Code of Canada is an important provision that ensures that people being released from custody are aware of their conditions and the consequences of non-compliance. Strategic considerations when dealing with this section include ensuring compliance, protecting the rights of the person, and preventing reoffending. Strategies such as creating a system of checks and balances, protecting the person's rights, and preventing reoffending can help improve outcomes and create a safer community for all.