INTRODUCTION AND BRIEF DESCRIPTION
This section requires offenders to be subject to a new period of long-term supervision unless it is proven that a sentence alone will effectively protect the public against serious crimes.
SECTION WORDING
753.01(6) If the application is for a new period of long-term supervision, the court shall order that the offender be subject to a new period of long-term supervision in addition to a sentence for the offence for which they have been convicted unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.
EXPLANATION
Section 753.01(6) of the Criminal Code of Canada is a provision related to long-term supervision orders (LTSOs). This section deals with situations where an offender who has been convicted of a certain offence is facing a new application for a long-term supervision order. The purpose of an LTSO is to protect the public from individuals who, despite completing their sentences, may still pose a risk of committing violent or serious crimes. Under this section, if the application is for a new period of LTSO, the court is required to order that the offender be subject to a new period of long-term supervision in addition to any sentence for the offence they have been convicted of, unless the court is satisfied by the evidence presented during the hearing of the application that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence. In other words, the court must impose an LTSO on an offender unless the evidence proves that the sentence itself will be sufficient to protect the public from further harm caused by the offender. This section emphasizes the importance of protecting society from high-risk offenders. It is designed to ensure that even after serving their sentences, individuals who pose a risk to public safety are carefully monitored and subject to restrictions and conditions that minimize the likelihood of them committing further serious crimes. Overall, this provision plays a significant role in maintaining public safety and reducing the likelihood of repeat offences by high-risk offenders.
COMMENTARY
Section 753.01(6) of the Criminal Code of Canada establishes the criteria for a court to impose long-term supervision on an offender following their release from prison. According to this section, if the court orders a new period of long-term supervision for an offender, it must do so in addition to a sentence for the offence for which they have been convicted, unless there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence. This section reflects the Canadian government's commitment to the protection of society from potential threats posed by offenders who are deemed high risk to public safety. It is important to note that the decision to impose long-term supervision is based on evidence adduced during the hearing of the application, and the court must be satisfied that there is a reasonable expectation that the sentence alone will not be enough to protect the public from the offender. The decision to impose long-term supervision on offenders is one that should not be taken lightly. While the goal of sentencing is to punish the offender for their crime and to deter them from future criminal behavior, it is also important to consider the safety of the public. Long-term supervision imposes strict conditions on the offender's behavior and requires them to report regularly to their parole officer. The conditions of supervision may include things like curfews, restrictions on travel, or mandatory participation in counseling or treatment programs. The goal of these conditions is to reduce the risk of reoffending by providing the offender with support and guidance to help them transition from prison to the community. However, imposing long-term supervision also requires a significant amount of resources from the government. Parole officers must monitor the offender's behavior closely, and treatment programs or counseling services may need to be provided. It is important, therefore, that the decision to impose long-term supervision be made on a case-by-case basis, taking into consideration the specific risk that the offender poses to public safety. In conclusion, Section 753.01(6) of the Criminal Code of Canada is an important provision that serves to protect the public from high-risk offenders. By imposing strict conditions on the offender's behavior and requiring them to report regularly to their parole officer, long-term supervision aims to reduce the risk of reoffending. However, the decision to impose long-term supervision should be made carefully, taking into account the specific risks posed by the offender, and the resources required to provide adequate supervision.
STRATEGY
Section 753.01(6) of the Criminal Code of Canada is a critical provision that deals with the imposition of long-term supervision orders on offenders who have been convicted of serious personal injury or murder offences. The section sets out specific criteria that must be met before a long-term supervision order can be imposed, and failure to meet the criteria can result in severe consequences for the offender. As such, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One critical strategic consideration is to ensure that all the relevant evidence is adduced during the hearing of the application for a long-term supervision order. The court will base its decision on the evidence presented, and so it is essential to gather the most persuasive and relevant evidence possible. This may include medical reports, psychological assessments, witness testimony, and other forms of evidence that can help paint a clear picture of the offender's likelihood of reoffending and the potential risks they pose to the community. A further strategic consideration is to engage a skilled lawyer who has experience dealing with long-term supervision orders. The lawyer will play a critical role in ensuring that the evidence is presented in a clear and concise manner and will advocate on behalf of the offender to ensure that their interests are adequately represented. Additionally, having an experienced lawyer can help the offender to navigate the complex legal process and understand their rights and obligations under the law. Another strategic consideration is to explore alternative measures to long-term supervision orders, such as mental health treatment or rehabilitation programs. Such measures may be more effective in reducing the offender's risk of reoffending and addressing the underlying issues that led to their criminal behaviour. Additionally, alternative measures may be more cost-effective and provide a better outcome for the offender and the community. A final strategic consideration is to ensure that the offender complies with any conditions imposed by the long-term supervision order. Failure to comply with the order can result in severe consequences, including more extended periods of incarceration. As such, it is crucial to educate the offender on their obligations under the order and provide them with the resources and support they need to comply with the conditions. In conclusion, dealing with Section 753.01(6) of the Criminal Code of Canada requires careful consideration of several strategic factors. By ensuring that all relevant evidence is presented, engaging skilled legal representation, exploring alternative measures when appropriate, and ensuring compliance with the conditions of the long-term supervision order, offenders can improve their chances of a positive outcome and reduce the risk of reoffending.