section 490.0312

INTRODUCTION AND BRIEF DESCRIPTION

Failure to comply with an obligation under subsection 490.02911(1) or (2) is punishable on summary conviction.

SECTION WORDING

490.0312 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 490.0312 of the Criminal Code of Canada pertains to the failure of individuals to comply with obligations laid out in subsections 490.02911(1) or (2). These obligations relate to the requirements of individuals who have been granted a discharge, conditional or absolute, following a conviction of a criminal offence. Subsection 490.02911(1) requires individuals who have been granted a conditional discharge to comply with any conditions or requirements that are attached to the discharge and in accordance with the law. Failure to comply with these conditions can result in the discharge being revoked and the individual being re-sentenced for the original offence. Subsection 490.02911(2) pertains to individuals who have been granted an absolute discharge, which denotes that the individual has been found guilty of an offence but that no conviction has been entered. Under this subsection, the individual is required to perform any duties or adhere to any conditions that are imposed by the court at the time of the discharge. In accordance with Section 490.0312, failing to comply with these obligations, without a reasonable excuse, is considered an offence and is punishable on summary conviction. This section is important as it ensures that individuals granted a discharge comply with any conditions set by the court, and in doing so, reduces the likelihood of them re-offending or causing harm to others. It also ensures that those found guilty of an offence are held accountable for their actions, even if they have been granted a discharge.

COMMENTARY

Section 490.0312 of the Criminal Code of Canada creates an offence for failing to comply with an obligation under subsection 490.02911(1) or (2), and applies to all individuals within Canadian jurisdiction. This provision is intended to hold accountable those individuals who intentionally do not obey their legal obligations, and penalize them with a summary conviction. The obligations under subsection 490.02911(1) or (2) relate to the safekeeping and disposal of property seized by law enforcement officers and are critical to maintaining the integrity of the justice system. Individuals who are subject to such obligations have a responsibility to safeguard evidence and protect the interests of all parties involved. Failure to do so can undermine the fairness and effectiveness of criminal proceedings and result in wrongful convictions or acquittals. There are various reasons why a person may fail to comply with these obligations. They may intentionally seek to conceal or destroy evidence to avoid prosecution, or may simply neglect their responsibilities due to a lack of knowledge or understanding of their obligations. While ignorance of the law is not an excuse, in some cases, individuals may require support or education to ensure they fulfill their obligations. The offence of failing to comply with these obligations on summary conviction carries potential penalties similar to other summary convictions, which is up to 6 months in jail or up to a $5,000 fine, or both. Such penalties are not insignificant and can have significant consequences for individuals, depending on their circumstances, such as loss of employment or the stigmatization associated with a criminal conviction. It is important to note that a conviction under this section can be based on the failure to comply with an obligation even if there is no underlying criminal offence, and it may not be necessary to prove any mens rea or guilty intent. This means that strict liability applies to this offence and, as such, individuals are responsible for ensuring they meet their obligations, regardless of their intention or knowledge. Ultimately, section 490.0312 of the Criminal Code of Canada serves as a preventative measure and aims to deter individuals from neglecting their responsibilities regarding the safekeeping and disposal of property seized by law enforcement officers. Compliance with such obligations is crucial to maintaining public trust in the justice system, ensuring accountability and just outcomes in criminal proceedings, and protecting the rights and interests of all parties involved. By imposing consequences for failures to comply, the justice system prioritizes and values the integrity of evidence and the importance of the rules and obligations in place relating to the safekeeping and disposal of property.

STRATEGY

Section 490.0312 of the Criminal Code of Canada deals with the failure to comply with an obligation under subsection 490.02911(1) or (2). This section is important, as it is crucial for individuals to comply with the law and avoid punishment. There are several strategic considerations when dealing with this section of the Criminal Code of Canada, such as understanding the obligations under subsection 490.02911(1) or (2), taking steps to comply with the obligations, and knowing what to do if charged with a failure to comply offence. Firstly, it is important to understand the obligations under subsection 490.02911(1) or (2). Subsection (1) requires a person to attend court or appear before a justice or judge at a specified time and place. Subsection (2) requires a person to remain in attendance at a hearing or trial until excused by the court or judge. These obligations must be taken seriously, as failure to comply could result in a summary conviction offence. Secondly, if an individual is unable to comply with the obligations, steps should be taken to avoid a failure to comply offence. For example, if an individual is unable to attend court due to illness or another emergency, they should contact the court or their lawyer to explain the situation and request a new court date. If an individual needs to leave a hearing or trial early for a valid reason, they should also seek permission from the court or judge before doing so. Thirdly, if an individual is charged with a failure to comply offence, they should consult with a criminal defense lawyer. A lawyer can help to assess the case and determine the best course of action. Depending on the circumstances, a lawyer may be able to negotiate a plea bargain, request a diversion program, or challenge the charge in court. It is important to take these matters seriously, as a conviction for a failure to comply offence could result in penalties such as fines, probation, or even imprisonment. In terms of strategies that could be employed, individuals should consider taking proactive steps to ensure compliance. For example, they could set reminders for court dates, bring necessary documentation or materials to hearings and trials, and seek legal support if needed. It is also important to communicate with the court or judge and to act in good faith. By demonstrating a willingness to comply with the obligations and to work with the justice system, individuals may be able to mitigate any penalties or consequences. In conclusion, section 490.0312 of the Criminal Code of Canada is an important section that deals with failure to comply with obligations under subsection 490.02911(1) or (2). To avoid a failure to comply offence, individuals should take steps to understand their obligations, comply with them to the best of their ability, and seek legal support if needed. By doing so, they can navigate the justice system and avoid penalties associated with this offence.