INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General may apply to cancel or change conditions of a management order, but not to vary an appointment made under subsection (2).

SECTION WORDING

490.81(9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

EXPLANATION

Section 490.81(9) of the Criminal Code of Canada lays down a provision that enables the Attorney General to apply for cancellation or variation of a condition imposed on a person through a management order. This section sets the Attorney General's powers to modify or cancel the conditions contained in a management order, which is a court order that forces an offender to comply with specific conditions that contribute to their rehabilitation. Management orders are issued as a part of alternative measures programs to help the offender rehabilitate and avoid future involvement in criminal activities. In this respect, Section 490.81(9) gives the Attorney General the power to review the conditions of alternative measures programs and make changes that could benefit the offender. As a result, the Attorney General can help to ensure that offenders are receiving the most suitable alternative measures program specific to their individual needs. The Attorney General can apply to save a person from spending a lifetime with an unsuitable or ineffective rehabilitation plan. This can help the offender to obtain treatment and skills that would enable them to turn away from criminal behavior. Additionally, the Attorney General can apply to ensure compliance with the management order conditions. These conditions may involve mandatory participation in offender programs, rehabilitation, counseling, or probationary supervision. In summary, Section 490.81(9) of the Criminal Code of Canada gives the Attorney General power to review and modify the conditions of alternative measures programs provided for offenders. This can benefit their rehabilitation process, encourage compliance with management order conditions, and help ensure that they receive individualized treatment tailored to their specific needs.

COMMENTARY

Section 490.81(9) of the Criminal Code of Canada allows the Attorney General to apply to a judge or justice to modify or cancel any condition that a management order may be subject to. A management order is a court order that provides for the supervision of an individual who has been accused or convicted of a criminal offense and requires that a designated person be responsible for ensuring that the individual complies with specific conditions. The purpose of allowing the Attorney General to modify or cancel any condition to which a management order is subject is to give sufficient flexibility to the judicial system in managing and supervising individuals who have been convicted or accused of criminal offenses. This flexibility is important because there are many instances where the conditions of a management order may no longer be relevant or necessary, or there may be new conditions that need to be added. However, it is important to note that the Attorney General can only apply to modify or cancel any condition to which a management order is subject and not apply to vary an appointment made under subsection (2). According to subsection (2), a management order may appoint a designated person or a "manager" who will be responsible for supervising the individual subject to the order and ensuring that they comply with the conditions. This provision gives clarity and certainty that the appointed manager cannot be changed or varied without seeking permission from the court. This is because the integrity and effectiveness of the management order depend on the consistency and continuity of the designated person who is appointed to supervise the individual. There may be various reasons why the Attorney General may apply to modify or cancel a condition of a management order. For instance, the condition may have been imposed in error or may no longer be necessary. Alternatively, there might be new evidence or a change in circumstances that warrant the modification or cancellation of a condition. In some instances, the change may be necessary because of the failure of the individual to adhere to the conditions of the management order. Overall, section 490.81(9) of the Criminal Code of Canada provides for a necessary and prudent mechanism for the Attorney General to modify or cancel any condition to which a management order is subject. This provision affords the judicial system the required flexibility and capacity to manage individuals accused or convicted of criminal offenses effectively. However, it is crucial to observe that the provision maintains the clarity and integrity of the management order by not allowing the variation of an appointment made under subsection (2). Thus, the provision strikes an acceptable balance between the need for flexibility and the need for certainty and consistency in managing the individuals subjected to management orders.

STRATEGY

Section 490.81(9) of the Criminal Code of Canada is an important provision that enables the Attorney General to apply to a judge or justice to cancel or vary any condition to which a management order is subject. It is crucial for lawyers and legal professionals who deal with this provision to understand the strategic considerations that come with this section. Some of the strategic considerations that one should keep in mind when dealing with this section of the Criminal Code of Canada are: 1. Grounds for Variation or Cancellation of Condition: One of the most important considerations when applying for cancellation or variation of a condition is to ensure that there are sufficient grounds for doing so. The Attorney General should demonstrate to the judge that there are reasonable grounds to believe that varying or cancelling the condition is necessary or in the best interest of the public. 2. Timing: Another critical consideration is the timing of the application. The Attorney General should consider the stage of the management order and the impact the cancellation or variation may have on the offender. For instance, if the offender has been compliant with the terms of the management order, then it may be prudent to postpone the application. 3. The Impact on the Offender: When applying for the cancellation or variation of a condition, the Attorney General should consider the impact it may have on the offender. For example, if the condition is related to the offender's employment, then cancelling or varying the condition may adversely affect the offender's ability to maintain employment. As a result, finding a balance between public interest and the offender's interests may be crucial. 4. Strategic Communication: Another crucial consideration is how to communicate the application to the offender. It may be necessary to ensure that the offender is aware of the application and the reasons behind it. This may enable the offender to provide input or demonstrate why the variation or cancellation may not be in their best interest. 5. Preparing Evidence and Argument: Finally, when applying for the cancellation or variation of a condition, it is necessary to prepare solid evidence and arguments to persuade the judge. This may include gathering information about the offender, the impact of the condition, and alternative methods of managing the offender's behaviour. In terms of strategies that one can employ when dealing with Section 490.81(9), there are several options. Some of the strategies that lawyers and legal professionals may use include: 1. Seeking the Views of a Probation Officer: Probation officers play a critical role in monitoring and managing offenders. Seeking their input may provide valuable insight into the offender's progress, areas of improvement, and the impact of the condition. 2. Alternative Conditions: When applying for variation or cancellation, it may be necessary to consider alternative conditions that may be less onerous on the offender but still serve the public interest. 3. Collaboration with the Offender: Depending on the situation, it may be useful to collaborate with the offender to identify areas of improvement or alternative solutions that may be satisfactory to both parties. 4. Evidence-based Interventions: Employing evidence-based interventions may increase the likelihood of success in managing the offender's behaviour. For example, if the offender has a substance abuse problem, then providing substance abuse treatment may be more effective than imposing a condition that may be difficult to comply with. 5. Contextualizing the Application: Finally, contextualizing the application in the broader criminal justice system may also be useful. For instance, highlighting the need for the variation or cancellation in the context of reducing recidivism rates may persuade the judge to grant the application. In conclusion, Section 490.81(9) of the Criminal Code of Canada is an important provision that enables the Attorney General to apply for cancellation or variation of any condition associated with a management order. Strategic considerations and appropriate strategies can enable legal professionals to effectively navigate this section of the Criminal Code of Canada while keeping the public interest in mind.