INTRODUCTION AND BRIEF DESCRIPTION
This section applies Sections 718.3 and 743.1 to prisoners convicted and sentenced to imprisonment.
SECTION WORDING
527(6) Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.
EXPLANATION
Section 527(6) of the Criminal Code of Canada pertains to the release on temporary absence of prisoners who are serving sentences in Canada. The section outlines the application of Sections 718.3 and 743.1, which lay down the principles of sentencing and parole eligibility, respectively. This section applies when a prisoner who is eligible for temporary absence is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge. The section provides guidance for the application of sentencing principles, including the determination of the appropriate sentence for the offence committed, taking into account the aggravating and mitigating factors. Section 718.3 of the Criminal Code of Canada sets out the principles that a court must consider when imposing a sentence, including the fundamental principles of proportionality, parity and restraint. These principles ensure that the sentence imposed is fair and just and reflects the gravity of the offence. Moreover, Section 743.1 of the Criminal Code of Canada outlines the eligibility criteria for parole applicants. This section establishes the criteria for the parole board to grant parole, including a consideration of the offender's degree of responsibility, criminal record, attitude, and prospects for rehabilitation. Therefore, Section 527(6) provides a framework for the temporary release of prisoners based on the principles of fair and just sentencing and parole eligibility. It ensures that the decision to grant temporary release is based on an assessment of the offender's risk to society and potential for rehabilitation, in line with the objectives of the Canadian criminal justice system.
COMMENTARY
Section 527(6) of the Criminal Code of Canada is a provision that sets out the conditions under which Sections 718.3 and 743.1 of the Criminal Code apply to a prisoner who is convicted and sentenced to imprisonment. This section is significant, as it establishes the legal framework for addressing the issues of sentencing and parole eligibility for a particular class of prisoners. The section applies to prisoners who are convicted of an offense that carries a maximum sentence of two years or more and who are sentenced to imprisonment by the court, judge, justice or provincial court judge. The provisions contained in Sections 718.3 and 743.1 of the Criminal Code provide guidelines for determining the appropriate sentence for a particular offender and eligibility for parole. The principle underlying Section 718.3 is that the sentence imposed on an offender should be proportionate to the gravity of the offense and the degree of responsibility of the offender. This principle reflects the idea of the just desserts" of an offender, that is, the punishment should be proportional to the gravity of the offense committed by the offender. Section 743.1 of the Criminal Code provides guidelines for granting parole to an offender. According to this section, an offender is eligible for parole when they have served one-third of the sentence imposed or seven years, whichever is less. The section also provides the criteria for determining whether an offender should be granted parole or not. The application of these sections to offenders in prison is significant for a number of reasons. Firstly, it ensures that a prison sentence is proportionate to the gravity of the offense and the degree of responsibility of the offender. This principle is essential to the principles of justice and fairness, and it ensures that offenders are held accountable for their actions in a manner that is commensurate with the harm they have caused. Secondly, Sections 718.3 and 743.1 of the Criminal Code also provide a mechanism for ensuring that offenders are rehabilitated and reintegrated into the community once their sentence has been served. The provisions for the granting of parole, in particular, provide a way for offenders to demonstrate that they have taken responsibility for their actions and have taken steps to reform themselves. Finally, the application of Sections 718.3 and 743.1 to offenders in prison is significant because it provides a framework for ensuring that the sentence imposed on an offender is fair and just. It ensures that the offender is held accountable for their actions, that their sentence is proportionate to the gravity of the offense, and that they have the opportunity to be reintegrated into society once they have served their sentence. In conclusion, Section 527(6) of the Criminal Code of Canada is an essential provision that ensures that offenders who are convicted and sentenced to imprisonment are subject to principles of justice and fairness. The application of Sections 718.3 and 743.1 to these offenders ensures that their sentence is proportionate to the gravity of the offense committed, and that they have the opportunity to be rehabilitated and reintegrated into the community once they have served their sentence. Overall, this provision plays an essential role in ensuring that Canada's justice system operates in a way that is fair, just, and effective.
STRATEGY
Section 527(6) of the Criminal Code of Canada applies to prisoners who are convicted and sentenced to imprisonment by a court, judge, justice, or provincial court judge. This section outlines the provisions of Sections 718.3 and 743.1 of the Criminal Code, which relate to the principles of sentencing and the release of prisoners on parole, respectively. For lawyers and law firms representing clients who may be affected by this section, some strategic considerations may include the following: 1. Understanding the principles of sentencing: Section 718.3 sets out the principles for determining the appropriate sentence for an individual convicted of an offence. Lawyers need to understand these principles to ensure they can argue for a just and proportional sentence for their clients. These principles include considering the gravity of the offence, the degree of responsibility of the offender, the harm caused, and the offender's prospects for rehabilitation. 2. Preparing for a parole hearing: Section 743.1 provides guidance on when prisoners are eligible for parole, as well as the process and criteria for granting parole. It is crucial for lawyers to help their clients prepare for their parole hearing to increase their chances of successful early release. This can include gathering evidence of their client's rehabilitation efforts, employment, education, and community ties. 3. Building a strong case for release: With the provisions of Sections 718.3 and 743.1 in mind, lawyers can employ various strategies to build a strong case for their client's early release. This can include arguing that their client has taken responsibility for their actions, has engaged in meaningful rehabilitation, has a support system in the community, and presents a low-risk of reoffending. 4. Challenging the application of Section 527(6): If there are potential issues with the application of Section 527(6) to their client's case, lawyers can challenge the section's application in court. This can include arguing that the section is unconstitutional or that it does not apply to their client's specific circumstances. In conclusion, Section 527(6) of the Criminal Code of Canada is an important provision for lawyers to consider when representing clients who have been convicted and sentenced to imprisonment. By understanding the principles of sentencing and parole, and building a strong case for early release, lawyers can help their clients receive a just and proportional sentence. Additionally, challenging the application of this section can also be strategic to ensure that their clients' rights are protected.