section 490.5(3)

INTRODUCTION AND BRIEF DESCRIPTION

An applicant must inform the Attorney General at least 15 days prior to a hearing for an application made under subsection (1).

SECTION WORDING

490.5(3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing.

EXPLANATION

Section 490.5(3) of the Criminal Code of Canada is an important provision that outlines the requirements for notifying the Attorney General of an application that is made under subsection (1) of the same section. This section of the Criminal Code pertains to the process of obtaining a record suspension, or a pardon, for a criminal offence that has been committed. The purpose of this section is to ensure that the Attorney General is made aware of such applications, and is given sufficient notice to prepare and present their arguments before the court. The notice requirements for an application made under subsection (1) are quite strict. The applicant is required to serve a notice of the application and the hearing at least fifteen days prior to the date fixed for the hearing. This notice must be served on the Attorney General, who is the chief legal advisor to the government of Canada. It is important to note that failure to provide proper notice may result in an adjournment or delay of the hearing, which can be both inconvenient and costly for all parties involved. The purpose of serving this notice is to ensure that the Attorney General has sufficient time to prepare their case and present their arguments in court. This is particularly important in cases where the Attorney General may have objections to the granting of a pardon. For example, the Attorney General may argue that the individual in question has a history of criminal behaviour that makes them unsuitable for a pardon. Alternatively, they may argue that the individual has not yet demonstrated sufficient rehabilitation to justify a pardon. Regardless of the specific arguments that are presented, it is important that the Attorney General be given an opportunity to make their case before the court. In summary, section 490.5(3) of the Criminal Code of Canada outlines the notice requirements for a record suspension application made under subsection (1) of the same section. Failure to comply with these notice requirements can result in delays and inconvenience for all parties involved. As a result, it is important for applicants to ensure that they provide proper notice in accordance with this section of the Criminal Code.

COMMENTARY

Section 490.5(3) of the Criminal Code of Canada is a mandatory provision that outlines a legal requirement for the applicant of a pardon or record suspension application to serve notice of the application and the hearing to the Attorney General at least fifteen days before the scheduled hearing. The section has been included in the Criminal Code to ensure that the Attorney General has an opportunity to present any objections to the application and to ensure that the interests of the public and the administration of justice are safeguarded. The purpose of the provision of section 490.5(3) of the Criminal Code of Canada is two-fold. Firstly, the provision ensures that the applicant notifies the Attorney General of their application and hearing date. Secondly, the provision requires that the applicant provides enough time for the Attorney General to review the application and present any objections or concerns regarding the application, if any. The provision is in line with the principles of natural justice, which emphasize the importance of hearing both sides of a matter and allowing the other side to present their case. This section of the Criminal Code of Canada is an essential component of the record suspension and pardon application process. It ensures that the safety and security of the public are not compromised by allowing the Attorney General to oppose any application that would otherwise pose a risk to society. The provision is especially important for serious crimes that include sexual offences, offences involving violence, and other similar crimes. The Attorney General may object to such applications if they believe that the grant of the pardon or record suspension would pose a risk of harm to another person. The provision also ensures that the administration of justice is upheld. It offers a balancing measure that allows the Crown an opportunity to object to any application that would be detrimental to the interest of justice. This provision's inclusion shows the Canadian justice system's commitment to ensuring that the rights of the victim and the public are protected and that persons who committed crimes do not walk free without proper vetting that the public is safe. The provision equally ensures transparency in the pardon and record suspension application process. With the notification requirement, the Attorney General can identify cases where the respective application deserves an objection. This way, there is a halt in the case and ample time is provided to review the application for proper decision making. In conclusion, Section 490.5(3) of the Criminal Code is an essential provision for the pardon and record suspension application process. It promotes transparency, upholds the administration of justice, and safeguards the interest of public safety. The provision provides a balance in the justice system by ensuring the rights of victims, public safety, and rehabilitation needs are taken into consideration with every pardon or record suspension application. With its inclusion, the Canadian justice system continues to maintain a fair and equitable approach in the administration of criminal justice.

STRATEGY

Section 490.5(3) of the Criminal Code of Canada requires an applicant to serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing. The purpose of this section is to ensure that the Attorney General is aware of the application and has the opportunity to participate in the proceedings. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Some of these considerations include the following: 1. Timing of the Notice: It is important to serve the notice well in advance of the hearing to ensure that the Attorney General has sufficient time to prepare for the proceedings and participate effectively. Serving the notice too late may result in the Attorney General not being able to fully participate in the proceedings, which could have an impact on the outcome of the case. 2. Content of the Notice: The notice should contain all relevant information about the application, including the date, time, and location of the hearing, the nature of the application, and the relief being sought. The notice should also be clear and concise, and should not contain any irrelevant or extraneous information. 3. Communication with the Attorney General: It may be beneficial to communicate with the Attorney General prior to serving the notice to discuss the application and any concerns or issues that may arise. This can help to ensure that the notice is properly prepared and that the Attorney General is aware of all relevant information about the application. 4. Preparing for the Hearing: It is important to prepare thoroughly for the hearing, including gathering all relevant evidence and documentation, and ensuring that all legal requirements are met. This can help to ensure that the hearing proceeds smoothly and that the outcome is favourable. Some strategies that could be employed when dealing with section 490.5(3) of the Criminal Code of Canada include the following: 1. Serving the Notice Early: To ensure that the Attorney General has sufficient time to prepare for the proceedings, it may be beneficial to serve the notice well in advance of the hearing date, such as 30 days or more. 2. Providing a Detailed Notice: To assist the Attorney General in preparing for the proceedings, it may be beneficial to provide a detailed notice that contains all relevant information about the application and hearing. 3. Communicating with the Attorney General: Prior to serving the notice, it may be beneficial to communicate with the Attorney General to discuss the application, answer any questions, and address any concerns that may arise. 4. Preparing Thoroughly: To ensure that the hearing proceeds smoothly and that the outcome is favourable, it is important to prepare thoroughly, including gathering all relevant evidence and documentation, and ensuring that all legal requirements are met. In conclusion, section 490.5(3) of the Criminal Code of Canada requires an applicant to serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing. When dealing with this section, it is important to consider the timing of the notice, the content of the notice, communication with the Attorney General, and preparing thoroughly for the hearing. Employing strategies such as serving the notice early, providing a detailed notice, communicating with the Attorney General, and preparing thoroughly can help to ensure a successful outcome.