INTRODUCTION AND BRIEF DESCRIPTION
Section 733(1.1) outlines the requirements for granting a transfer of probation orders between different territorial divisions.
733(1.1) The transfer may be granted only with (a) the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada.
Section 733(1.1) of the Criminal Code of Canada stipulates the conditions for granting a transfer of probation order. This section outlines that the transfer can be approved only with the consent of either the Attorney General of the province where the probation order was issued or the Attorney General of Canada, depending on the territorial division involved in the transfer and the nature of the proceedings that led to the issuance of the probation order. The transfer of probation order is an important legal mechanism that enables offenders to serve their probation orders at another location, such as in another province, for various reasons, including for employment or medical reasons. However, this transfer of probation must meet specific conditions to ensure that the offender does not evade their responsibility and that the new environment is safe and suitable for completing the probation order. This condition of requiring the consent of the Attorney General seeks to ensure that the offender complies with all the regulations of the probation order, regardless of the location of the transfer. It also acknowledges that the probation order issued in one territory may not necessarily apply in another and that there may be differences in the legal framework or the availability of resources in different provinces or territories. Therefore, the Attorney General's consent is crucial to providing a safe and appropriate transition for the offender as they are transferred to a new location to fulfill probation's requirements. Overall, Section 733(1.1) serves as a safeguard to ensure that all parties involved in the transfer of probation order comply with legal and administrative requirements and that the offender is not put in a disadvantageous position during their probationary period. Additionally, the transfer of a probation order with the Attorney General's consent is an essential component of the criminal justice system that supports the rehabilitation and reintegration of offenders into society.
Section 733(1.1) of the Criminal Code of Canada governs the transfer of probation orders from one territorial division to another. The section outlines two circumstances under which a transfer may be granted, namely, with the consent of either the Attorney General of the province or the Attorney General of Canada depending on the province in question. The provision is critical because probation orders are meant to enhance the rehabilitation of offenders and reduce recidivism rates. When offenders are placed on probation, they are expected to adhere to specific conditions, such as staying away from certain activities or individuals, attending counseling or rehabilitation, and reporting to their probation officers regularly. Offenders who violate these conditions could face revocation of their probation order and be required to serve their entire sentence in prison. In some cases, offenders are required to move to a different territorial division or province, away from their home province. This move could be necessitated by work, family, or other personal reasons. When this happens, the offender would still be required to adhere to the conditions of their probation order in the new province. However, enforcing the order could become problematic, particularly if the new province has its own rules and regulations concerning probation. This is where section 733(1.1) comes into play. The section grants the Attorney General of the province, where the probation order was initially issued, the power to give consent to the transfer of the order to the new territorial division. This provision ensures that the new province respected the initial conditions in the probation order, or if necessary, adjusts the conditions to suit the new situation of the offender effectively. The Attorney General of the province will have access to the offender's records and know whether they were complying with the probation order's conditions in the initial period before the move. In situations where the proceedings leading to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada, the transfer of the order will require the consent of the Attorney General of Canada. This provision ensures that the transfer does not grant undeserved leniency to the offender by transferring to a province, which may have less stringent requirements that undermine the initial goals of the probation order. In essence, section 733(1.1) ensures that the rehabilitation process of offenders placed on probation continue, even if they move to another territorial division or province. It removes the confusion that could arise if different provinces have varying rules on probation and provides continuity and consistency in the implementation of probation orders in different parts of Canada. By providing a clear legal framework, this code serves a vital role in the criminal justice system, ensuring the successful rehabilitation of offenders in society.
Section 733(1.1) of the Criminal Code of Canada outlines the requirements for the transfer of probation orders between territorial divisions. In essence, the section stipulates that the transfer may only be granted with the consent of the Attorney General, either of the province in which the probation order was made or the Attorney General of Canada if the proceedings were instituted by or on behalf of the Attorney General of Canada. This section of the Code has significant strategic implications for lawyers and their clients who may be seeking to transfer probation orders from one jurisdiction to another. One strategic consideration when dealing with section 733(1.1) is the importance of building a strong case and establishing strong grounds for the transfer. Because the transfer can only be granted with the consent of the relevant Attorney General, it may be necessary to demonstrate the reasons why the transfer is necessary and in the best interests of the client. This may involve providing evidence of changed circumstances, such as employment opportunities or family obligations, that make it difficult for the client to comply with the terms of the probation order in the original jurisdiction. Another strategic consideration when dealing with section 733(1.1) is the need to effectively communicate with the relevant Attorney General. This may involve engaging in discussions with the Attorney General's office to understand their position on the transfer and to address any concerns that they may have. It may also involve presenting a strong and convincing case to the Attorney General, backed up by evidence and legal arguments, in order to persuade them that the transfer is appropriate. One strategy that could be employed when dealing with section 733(1.1) is to engage the services of a lawyer who is experienced in dealing with probation orders and transfers. Such a lawyer can provide valuable guidance and support in navigating the complex legal and procedural requirements associated with transferring probation orders. They can also help to build a strong case for the transfer, including gathering evidence and preparing persuasive legal arguments. In addition, it may be useful to engage the services of a probation officer in the new jurisdiction, who can provide valuable information and support in ensuring that the client is able to comply with the terms of the probation order in the new jurisdiction. This may involve providing guidance on local rules and regulations, as well as providing support and monitoring to ensure that the client is able to successfully complete their probation. Overall, dealing with section 733(1.1) of the Criminal Code of Canada requires careful planning, effective communication, and a strong case that demonstrates the need for the transfer. By employing effective strategies and working with experienced legal professionals, clients can increase their chances of successfully transferring their probation orders between jurisdictions.