section 753.3(1)

INTRODUCTION AND BRIEF DESCRIPTION

An offender who fails to comply with long-term supervision can be imprisoned for up to 10 years.

SECTION WORDING

753.3(1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

EXPLANATION

Section 753.3(1) of the Criminal Code of Canada deals specifically with offenders who receive long-term supervision orders. A long-term supervision order is a court order that extends the offender's period of supervision beyond their custodial sentence. This order is typically applied to offenders who have been released from prison but are still considered to pose a significant risk to society. The section states that if an offender fails or refuses to comply with the terms of their long-term supervision order without a reasonable excuse, they are committing an indictable offense. An indictable offense means that the offender can be charged with a serious criminal offense that carries a maximum penalty of ten years in prison upon conviction. The purpose of this section is to ensure that offenders who are subject to long-term supervision orders fully comply with the terms and conditions of the order. These conditions can include regularly reporting to a probation officer, participating in treatment programs, and avoiding certain activities and individuals. By failing to comply, the offender may be putting society at risk, and this is why such non-compliance is considered a serious offense. Overall, section 753.3(1) of the Criminal Code of Canada is designed to ensure that offenders who pose a threat to society continue to be supervised and held accountable for their actions after they are released from prison. Any failure to comply with the terms of the order is seen as a serious offense, and offenders who are found guilty of such offenses may face significant penalties, including extended prison sentences.

COMMENTARY

Section 753.3(1) of the Criminal Code of Canada is a provision that outlines the consequences of an offender's failure to comply with a long-term supervision order. It stipulates that an offender who fails to comply with the terms of their long-term supervision without a reasonable excuse will be guilty of an indictable offence. Moreover, the offender will be liable to imprisonment for a term not exceeding 10 years. This provision serves as an important deterrent against the non-compliance of offenders with their imposed conditions of long-term supervision. Long-term supervision orders are typically imposed on offenders who have served a sentence of imprisonment for a serious offence, with the intention of protecting the public from the risk of harm posed by the offender. When an offender fails to comply with the conditions of their supervision, they pose a direct risk to the community, and this is why it is essential that the law provide harsh penalties for those who violate their supervision orders. The wording of this section indicates that non-compliance must be done without reasonable excuse. This is an important distinction, as it establishes the need for the offender to provide a justifiable reason for their non-compliance. If an offender is unable to provide a reasonable excuse for their non-compliance, it provides the court with greater latitude to impose significant penalties. The range of penalties imposed under this section indicates the severity of failure to comply with long-term supervision conditions, with offenders potentially facing up to 10 years imprisonment if found guilty of the offence. It underscores the seriousness of the offence and serves as a significant deterrent to offenders who may be considering violating their supervision orders. The provision also emphasizes the need for careful monitoring of offenders who are subject to long-term supervision orders. Offenders who are released on long-term supervision orders are subject to various conditions that require them to be monitored closely, including being subjected to regular check-ins and drug testing. The provision underlines the importance of strict enforcement of these conditions to prevent offenders from absconding from their supervision order and prevents them from causing any harm to the public. Furthermore, the provision underscores the importance of rehabilitation for offenders who have served their sentence for a serious offence. By imposing such a harsh penalty, the potential impact on the offender's rehabilitation is highlighted, and it highlights the importance of working with offenders to ensure that they do not reoffend. In conclusion, Section 753.3(1) of the Criminal Code of Canada serves as an essential provision that highlights the seriousness of non-compliance with long-term supervision orders. It reiterates the important role of strict monitoring of offenders for the protection of the public and the importance of rehabilitation in preventing offenders from reoffending. The provision is a critical tool in ensuring the safety of communities and supports the overall effectiveness of the Canadian criminal justice system.

STRATEGY

Section 753.3(1) of the Criminal code of Canada deals with the failure or refusal of an offender to comply with long-term supervision. Long-term supervision is a strict and ongoing monitoring process designed to mitigate the risks posed by high-risk offenders who have served their sentences. Any violation of the conditions of long-term supervision is a serious offense and could lead to further criminal charges, incarceration, and eventual reincarceration. Therefore, when dealing with this section of the Criminal Code of Canada, the following strategic considerations should be taken into account: 1. Awareness of the Conditions of Long-Term Supervision: To ensure compliance with long-term supervision, the offender must be well informed of the terms and conditions of their release. They must understand what is expected of them while under supervision and the potential consequences of any breach. The offender must be fully aware of all the conditions of their release, including residency restrictions, curfews, drug testing, and programs they are required to attend. The offender must also be made aware of the expectations for their rehabilitation and reintegration into society. 2. Legal Representation: Anyone charged with breaching their long-term supervision conditions In Canada has the right to obtain legal counsel and representation. A good defense lawyer can identify potential issues with the Crown's case, including the credibility of witnesses, the reliability of evidence, and the applicability of legal principles. At all times, the offender needs to understand their legal rights and responsibilities. 3. Early Intervention: In many cases, early intervention in the rehabilitation process is crucial for successful reintegration into the community. It is essential to provide necessary resources, such as mental health and addiction counseling, and education and training to give the offenders a chance to rebuild their lives positively. Early intervention can also prevent the violation of long-term supervision conditions and improve the chances of successful reintegration. 4. Risk Assessment: Before an offender is released from prison on long-term supervision, a thorough risk assessment must be carried out. The offender is evaluated based on their behavioral patterns, criminal history, and other individual factors that may influence their likelihood of reoffending. This assessment is used to tailor a rehabilitation plan that addresses the offender's specific needs and risks. 5. Monitoring and Surveillance: Long-term supervision involves constant monitoring and surveillance. The offender must comply with strict reporting and tracking requirements. It is essential to leverage the latest technology, such as GPS tracking and mobile monitoring, to enforce compliance and prevent any breach. 6. Reincarceration as a Last Resort: Long-term supervision is designed to facilitate rehabilitation and a successful reintegration of the offender back into the community. Incarceration should only be employed as a last resort, after all other options have been exhausted. Therefore, the correctional system should provide the necessary resources for rehabilitation and reintegration, such as educational and job training programs and access to mental health and addiction services. In conclusion, it is crucial to ensure that offenders released under long-term supervision comply with all the conditions of their release so that they can reintegrate successfully into society. This can be achieved by adequately informing them of these conditions, providing resources and support, conducting a thorough risk assessment, and rigorous monitoring and surveillance. These strategic considerations can lead to a higher rate of successful reintegration and ultimately reduce recidivism rates.