INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term record suspension for the purposes of the Criminal Records Act.
SECTION WORDING
490.011(1) In this part, "record suspension" means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.
EXPLANATION
Section 490.011(1) of the Criminal Code of Canada defines the term record suspension" for the purpose of this part of the Code. Specifically, it references the Criminal Records Act (CRA) and states that a record suspension is a suspension that has not been revoked or stopped from having effect. A record suspension is an official pardon for someone who has committed a criminal offense in Canada. It is designed to help individuals who have been convicted of an offense and have completed their sentence, including any parole or probation, to move on with their lives without the burden of a criminal record. A record suspension effectively seals an individual's criminal record from public view, making it easier for them to find employment, travel, and participate in other activities that may otherwise be difficult or impossible with a criminal record. The CRA specifies the rules and procedures for applying for a record suspension. Generally, individuals must wait a prescribed period of time after completing their sentence before applying for a record suspension. The length of time varies depending on the severity of the offense and the type of sentence completed. In addition, there are certain offenses that are not eligible for a suspension, such as sexual offenses involving children. Overall, section 490.011(1) provides a clear definition of the term record suspension" for the purposes of this part of the Criminal Code of Canada. It helps to ensure that all parties involved in the criminal justice system understand the meaning and significance of a record suspension, and how it can help individuals reintegrate into society after serving their sentence.
COMMENTARY
Section 490.011(1) of the Criminal Code of Canada defines the term "record suspension" in relation to the Criminal Records Act. This section is crucial in the Canadian justice system as it allows for individuals who have a criminal record to have their records suspended, which means that the record will be kept separate and apart from other criminal records. This means that an individual's criminal history will not be accessible to employers, law enforcement agencies, and other organizations, unless they are granted permission to do so by law. The process of obtaining a record suspension can take a considerable amount of time and effort, and there are several requirements that must be met in order to be eligible. The individual must have completed their sentence, paid any fines or restitution, and demonstrated good conduct since the completion of their sentence. Additionally, certain offences, such as sexual offences involving children, are not eligible for record suspension. The purpose of record suspension is to give individuals a second chance at leading a productive and meaningful life. A criminal record can severely limit opportunities in employment, housing, travel, and other areas, even if the offence was minor or committed many years ago. A record suspension allows individuals to move forward with their lives, without being unfairly stigmatized by past mistakes. However, it is important to note that record suspension is not a pardon or an expungement. The record will still exist, but it will be kept separate from other criminal records and will not be easily accessible to the public. In some cases, certain government agencies may still have access to the record, but they will need to obtain permission from the individual in order to do so. Another important aspect of record suspension is the protection of vulnerable individuals and communities. While record suspension provides individuals with the opportunity to move forward and rebuild their lives, it is crucial to ensure that public safety is not compromised. As mentioned earlier, certain offences, such as sexual offences involving children, are not eligible for record suspension. This is to ensure that vulnerable individuals are protected, and that offenders are held accountable for their actions. In conclusion, section 490.011(1) of the Criminal Code of Canada defines the term "record suspension" and outlines its purpose and eligibility requirements. Record suspension is an important aspect of the Canadian justice system as it provides individuals with a second chance and allows them to move forward with their lives. However, it is important to balance the rights of individuals with the safety and well-being of vulnerable individuals and communities.
STRATEGY
Section 490.011(1) of the Criminal Code of Canada specifies the meaning of record suspension" in the particular context of the Criminal Records Act. A record suspension is essentially an order from the Parole Board of Canada that suspends the disclosure of an individual's criminal record to the public, subject to certain exceptions. Strategic considerations when dealing with this section of the Criminal Code of Canada could vary depending on the circumstances of the individual seeking a record suspension. However, some general considerations include the timing of applying for a record suspension, the completeness and accuracy of the information provided in the application, and the potential impact of a granted record suspension on the individual's future prospects and opportunities. Timing is an important strategic consideration because there are certain eligibility requirements that an individual must meet before they can apply for a record suspension. For example, the individual must have completed their sentence, paid any fines, and completed any probation before they can apply. Furthermore, the length of time that must pass before an individual can apply for a record suspension varies depending on the type of offence they were convicted of. Therefore, strategic planning is crucial to ensure that the application is submitted at the most opportune time. The completeness and accuracy of the information provided in the application is also crucial to the success of the application. The Parole Board of Canada evaluates each application on a case-by-case basis, and incomplete or inaccurate information can delay or even result in the rejection of a record suspension application. As such, it is advisable to seek legal advice and guidance when preparing the application to ensure that it is complete and accurate. Finally, the potential impact of a granted record suspension on an individual's future prospects and opportunities is a key strategic consideration. This is because even with a record suspension, certain organizations or employers may still require disclosure of an individual's criminal record. In some cases, a record suspension can be an important step toward job security and financial stability. Additionally, a record suspension can provide the individual with a sense of closure and a fresh start in their personal and professional lives. In terms of strategies that could be employed when dealing with this section of the Criminal Code of Canada, seeking legal advice and guidance is one of the most important strategies. Legal professionals can help individuals understand the eligibility requirements for a record suspension, determine the best timing for the application, and ensure the completeness and accuracy of the application. Additionally, legal professionals can advise individuals on the potential impact of a granted record suspension on their future prospects and opportunities. Another strategy that could be employed when dealing with this section of the Criminal Code of Canada is to gather and provide strong evidence of rehabilitation. The Parole Board of Canada considers an individual's efforts toward rehabilitation when evaluating a record suspension application. Providing evidence such as participation in counseling, community service, and vocational training programs can strengthen an individual's case for a record suspension. In conclusion, strategic planning and careful consideration of the requirements and implications of a record suspension application are crucial to the success of the application. Seeking legal advice, ensuring the completeness and accuracy of the application, and providing strong evidence of rehabilitation are some of the strategies that could be employed when dealing with Section 490.011(1) of the Criminal Code of Canada.