Criminal Code of Canada - section 490.012(2) - Order- if intent established

section 490.012(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires a court to order a person convicted of a designated offence to comply with the Sex Offender Information Registration Act if the prosecutor can prove that the offence was committed with the intent to commit certain other offences.

SECTION WORDING

490.012(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition "designated offence" in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.

EXPLANATION

Section 490.012(2) of the Criminal Code of Canada is a provision that requires a court to make an order for a person found guilty of a designated offence, with the intent to commit certain other offences, to comply with the Sex Offender Information Registration Act (SOIRA) for a specified period of time. Designated offences are serious criminal offences that include sexual offences, such as sexual assault, sexual interference, and sexual exploitation, among others. The provision applies to designated offences that involve the intent to commit other specific designated offences, such as possession of child pornography, luring a child, or aggravated assault. The purpose of this provision is to ensure that those who have committed designated offences with the intent to commit sexual offences or other related crimes are added to the national sex offender registry. The registry is a database that contains information about convicted sex offenders, and it is used by law enforcement agencies to monitor and track sex offenders in Canada. When a prosecutor establishes beyond a reasonable doubt that the defendant committed the designated offence with the intent to commit another specified offence, the court is obliged to make an order requiring the defendant to comply with the SOIRA for a specified period of time. Failure to comply with this order can result in criminal charges and further penalties. Overall, this provision is an important measure to protect public safety, prevent sexual offences and related crimes, and hold perpetrators accountable for their actions.

COMMENTARY

Section 490.012(2) of the Criminal Code of Canada is a provision that mandates the imposition of an order requiring a convicted person to comply with the Sex Offender Information Registration Act (SOIRA) if the prosecutor proves beyond a reasonable doubt that the convicted person intended to commit one of the designated offenses. This provision applies to persons who have been convicted of an offense specified under paragraphs (b) or (f) of the definition of designated offense under subsection 490.011(1). The SOIRA is a national database that contains information on individuals who have been convicted of sex offenses and who have been designated as sex offenders by a court. The information in the database is used by law enforcement officers to monitor the activities of sex offenders and to ensure that they comply with the conditions of their release. The SOIRA applies to a wide range of offenses, including sexual assault, sexual interference, invitation to sexual touching, and making child pornography. The purpose of Section 490.012(2) is to prevent individuals who have been convicted of sex offenses from committing further offenses. The provision requires the imposition of an order requiring the convicted person to comply with the SOIRA for a specified period. This order places specific obligations on the convicted person, including the requirement to provide personal information, such as their name, address, and photograph, to the authorities, and to report any changes in their circumstances, such as changes in their residence or employment. However, compliance with the SOIRA does not guarantee that an offender will not commit further offenses. The SOIRA is a tool that helps law enforcement officers monitor sex offenders, but it cannot prevent them from committing further offenses. It is also important to recognize that not all sex offenders are likely to reoffend. Therefore, it is essential to recognize that the SOIRA is not a substitute for other measures, such as counseling and treatment, to prevent sex offenders from reoffending. In summary, Section 490.012(2) of the Criminal Code of Canada is an essential provision that helps prevent convicted sex offenders from committing further offenses. By requiring the imposition of an order to comply with the SOIRA, the provision ensures that convicted sex offenders are monitored by law enforcement officers and that their activities are closely scrutinized. However, it is essential to recognize that the SOIRA is not a panacea for all sex offenses, and it is necessary to supplement the database's use by implementing other measures, such as counseling and treatment, to prevent reoffending.

STRATEGY

Section 490.012(2) of the Criminal Code of Canada is a key legal provision that mandates the imposition of a registration order on persons who have been convicted for designated sexual offences with the intent to commit other specific crimes. The purpose of this section is to protect the public from the sexual offender and potential offenders by requiring them to register with law enforcement agencies for a specified period. In this essay, we will explore some of the strategic considerations that need to be considered when dealing with this section of the Criminal Code of Canada. The first strategic consideration when dealing with section 490.012(2) is the importance of understanding the legislation and the elements of the offence. It is essential to understand that registration orders are mandatory if the prosecutor can establish beyond a reasonable doubt that the person committed the offence with the intent to commit specified crimes. Moreover, it is critical to determine whether the offence falls under the definition of a designated offence within the meaning of the Criminal Code of Canada. Failure to understand these elements may result in the improper imposition or non-imposition of the registration order. The second strategic consideration when dealing with section 490.012(2) is to develop an effective courtroom strategy. The prosecutor must decide whether to rely on direct or circumstantial evidence to establish the mental element of the offence. In many cases, there may not be direct evidence of the accused's intent to commit the specified crimes. The prosecutor may have to rely on circumstantial evidence such as the offender's behavior before and after the crime, previous convictions, and the nature of the offence itself. An experienced prosecutor will have to establish the mental element with the available evidence before the judge. The third strategic consideration when dealing with section 490.012(2) is to prepare for the registration order's imposition. Once the prosecutor has established the mental element of the offence, the court will impose the mandatory registration order. The prosecutor should be aware of the implications of the registration order and ensure that the offender complies with the Sex Offender Information Registration Act's provisions. It may require monitoring the offender's compliance with reporting requirements, notifying law enforcement agencies of changes in their residence, and ensuring that they attend appointments with the authorities. The fourth strategic consideration when dealing with section 490.012(2) is to work with other agencies involved in the management of sex offenders. The prosecutor should collaborate with law enforcement, probation, and parole officers to ensure that the offender complies with the terms of their registration order. They should also coordinate with other agencies to monitor the offender's behavior and reduce the risk of reoffending. In conclusion, section 490.012(2) of the Criminal Code of Canada is a vital provision for the protection of the public from sexual offenders and potential offenders. Its implementation requires the prosecutors' strategic considerations and the development of a robust legal strategy that involves understanding the legislation, developing an effective courtroom strategy, preparing for registration order imposition, and working collaboratively with other agencies dealing with sex offenders. By appropriately employing these strategies, prosecutors can help ensure that the offender complies with the registration order and that the public's safety is maintained.