INTRODUCTION AND BRIEF DESCRIPTION
An order made under section 490.012 begins on the day it is made.
SECTION WORDING
490.013(1) An order made under section 490.012 begins on the day on which it is made.
EXPLANATION
Section 490.013(1) of the Criminal Code of Canada pertains to the implementation of orders issued under section 490.012. This particular section indicates that the order begins upon issuance. It is essential to understand that Section 490.012 of the Criminal Code of Canada pertains to the confiscation of proceeds of crime. The law compels individuals to forfeit assets that they acquire through illegal means to the state. Section 490.012(1) makes it mandatory for anyone convicted of a criminal offence to forfeit property that is connected to or derived from the offence. The provision also extends to persons who are believed to have unlawfully retained property from the proceeds of crime. The objective of this provision is to use the forfeited assets to compensate victims of crime or for other purposes that benefit society. Confiscation of assets is a critical component in the fight against organized crime and other criminal activities, as it cripples the economic foundation of criminal networks. The order made under section 490.012 is legally binding and immediately takes effect upon issuance. It is essential to note that failure to comply with such an order may result in additional penalties, including fines and imprisonment. In conclusion, Section 490.013(1) of the Criminal Code of Canada provides clarity on the implementation of orders issued under section 490.012. It ensures that such orders take effect immediately upon issuance, which strengthens the fight against organized crime and other criminal activities by disrupting their financial foundation.
COMMENTARY
Section 490.013(1) is a critical provision in the Criminal Code of Canada that governs the process of issuing and implementing orders made pursuant to section 490.012. Essentially, this section establishes the effective date of orders made under section 490.012, which is the previous provision that authorizes courts to issue orders to seize, detain, and forfeit property that is believed to be obtained as a result of criminal activity or used to facilitate such conduct. As this provision indicates, an order made under section 490.012 begins on the day on which it is made, which implies that the order takes immediate effect and applies retroactively to the date on which the property was obtained or used for criminal purposes. This provision is crucial in ensuring that the courts' orders are enforced promptly, and that the confiscated property is held securely until the conclusion of the legal proceedings where it will be determined if it should be returned or forfeited to the Crown. Moreover, this provision further underscores the immediate and binding nature of orders made under section 490.012, emphasizing that the courts have a significant role in enforcing the provisions of the Criminal Code of Canada. As such, it is crucial that orders made under this provision are acted upon expeditiously, as any delay can lead to the loss or dissipation of the seized property, which may be detrimental to the prosecution's case or even the integrity of the judicial process. It is also worth noting that this provision operates in conjunction with other provisions of the Criminal Code, such as section 490.014(1), which requires police officers to complete the order within seven days of receiving it. Additionally, section 490.015(1) requires the Attorney General to commence a proceeding for the forfeiture of the property within 60 days of the order's issue, failing which the property shall be returned to the owner. Overall, section 490.013(1) is a vital provision that plays an essential role in the application and interpretation of the Criminal Code of Canada. By establishing the effective date of orders made under section 490.012, this provision contributes to the efficient and effective enforcement of the law, which is crucial for maintaining public safety and upholding the rule of law. As such, it remains an essential consideration for law enforcement agencies, prosecutors, and courts when dealing with suspected criminal activity involving property.
STRATEGY
Section 490.013(1) of the Criminal Code of Canada is an important provision that deals with an order made under section 490.012. This section outlines some strategic considerations that could be useful when dealing with this provision and provides some effective strategies that could be employed. One of the primary strategic considerations when dealing with section 490.013(1) is to ensure that the order made under section 490.012 is enforced effectively. This means that the individual or entity responsible for enforcing the order needs to take the necessary steps to ensure that it is properly implemented, and that any violations are dealt with promptly and effectively. To achieve this, one strategy that could be employed is to have a clear and detailed plan in place. This could involve identifying the specific steps that need to be taken to enforce the order, outlining the roles and responsibilities of those involved, and setting clear timelines and deadlines for each step. This approach can help to ensure that everyone involved is clear about what needs to be done, and when, which can facilitate more effective enforcement. Another important strategy when dealing with section 490.013(1) is to be proactive rather than reactive. This means taking steps to prevent violations of the order before they occur, rather than simply responding to them after they happen. For example, if the order prohibits contact between two individuals, the responsible party could take steps such as monitoring phone calls, social media activity, and other forms of communication to ensure that the order is not being violated. To be effective, this strategy requires a proactive and collaborative approach from all stakeholders. This may involve regular communication and collaboration between law enforcement agencies, social service agencies, and other stakeholders to ensure that the order is being enforced effectively. Another important consideration when dealing with section 490.013(1) is to ensure that the order is proportional to the risks posed by the individual. This means that the order should only be used when it is absolutely necessary, and when less restrictive measures would not be effective. For example, if the individual poses a low risk of harm to others, a less restrictive measure such as a restraining order may be more appropriate than a more restrictive measure such as a no-contact order. To ensure that the order is proportional, it is important to conduct a thorough risk assessment that takes into account the individual's history, current situation, and other relevant factors. This can help to ensure that the order is tailored to the specific circumstances of the individual and is as effective as possible in managing the risks posed by the individual. In summary, section 490.013(1) of the Criminal Code of Canada is an important provision that requires careful consideration and effective enforcement. Strategies such as having a clear plan in place, being proactive, and ensuring that the order is proportional can help to ensure that the order is effective in managing the risks posed by the individual. By taking a strategic and collaborative approach, stakeholders can work together to ensure that the order is enforced effectively and that its intended outcomes are achieved.