INTRODUCTION AND BRIEF DESCRIPTION
A person subject to multiple orders can apply for termination after 20 years since the most recent order was made.
SECTION WORDING
490.015(2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.
EXPLANATION
Section 490.015(2) of the Criminal Code of Canada relates to the termination of orders made under section 490.012 of the Act and section 227.01 of the National Defence Act. These orders are typically referred to as "victim surcharge orders," and they require a person who has been convicted of an offense to pay a sum of money to a victim of the offense or, failing that, to a provincial fund. The section provides that a person who is subject to more than one victim surcharge order may apply for a termination order if 20 years have elapsed since the most recent order was made. This means that if a person has multiple victim surcharge orders outstanding, they can apply to have them terminated if a sufficient amount of time has passed since the last order was made. The purpose of this provision is to ensure that individuals who have been subject to victim surcharge orders have an opportunity to seek relief from the burden of making multiple payments over an extended period of time. It recognizes that, in some cases, the financial impact of consecutive victim surcharge orders can be significant and may prevent the person from moving on with their life. However, it's important to note that the application for a termination order is discretionary and not automatic. The court will consider all the circumstances of the case, including the person's financial situation, before making a decision. Moreover, if the person fails to make any payment under the orders, they are not eligible to seek a termination order. The section is, therefore, designed to balance the interests of the victims with the ability of the offender to move on from their past and reintegrate into society.
COMMENTARY
Section 490.015(2) of the Criminal Code of Canada pertains to the eligibility of a person to apply for a termination order if they are subject to more than one order made under section 490.012 of the Act or under that section and section 227.01 of the National Defence Act. This provision is crucial in offering a mechanism for reintegration into society for those individuals who have been previously convicted or subject to conditions and orders that restrict their rights and liberties. Section 490.012 of the Code deals with orders and conditions that a court may impose on an offender after they have been found guilty or convicted of an offense. These orders may include a prohibition on the possession of firearms, mandatory reporting requirements, or the obligation to provide samples for forensic DNA analysis. The National Defence Act sets out provisions for military justice in Canada and provides for the establishment of military courts and tribunals. This section gives individuals who are subject to multiple orders under these provisions a lifeline of sorts, especially if they have shown good behavior and rehabilitation since the time of the orders' imposition. The opportunity for a termination order after 20 years helps them lead a normal life, free from the imposition of any additional orders that restrict their lives. This provision safeguards against the perpetual restriction of an individual's rights and liberties, which could cause more harm than good in the long run. The process of applying for a termination order, however, is not straightforward. An application must be made to the court, and the court must consider certain factors before granting or rejecting the order. These factors include the applicant's conduct after the initial orders were made, the nature of the offense that led to the order, the protection of the public, and any other relevant factors. It is a delicate balance between protecting society's interests and ensuring that the individual is not unduly restricted. One critical aspect of this section of the Code is that it recognizes that individuals can change over time. Someone who may have committed a crime or offense in their youth may not pose a threat to society after a considerable period. The opportunity for a termination order acknowledges the potential for redemption and rehabilitation and provides a means for individuals to move on with their lives. Overall, section 490.015(2) of the Criminal Code of Canada is an essential provision that recognizes the possibility of rehabilitation and reintegration for individuals who have been subject to orders and conditions that restrict their rights and liberties. It strikes a balance between ensuring public safety while also offering hope to those who have shown significant improvements in their lives. The mechanism it provides will allow individuals to reintegrate back into society, work, and contribute to their communities while still protecting the public from those who remain dangerous.
STRATEGY
One strategic consideration when dealing with Section 490.015(2) of the Criminal Code of Canada is to carefully assess the circumstances of the individual who is subject to more than one order made under section 490.012 or section 227.01 of the National Defence Act. It is important to gather all relevant information about the nature and severity of the offenses committed by the individual, as well as their current situation and conduct. Another strategic consideration is to determine whether the individual is likely to comply with the conditions of a termination order. This may involve assessing the individual's level of risk and the likelihood of reoffending, as well as their overall level of cooperation and willingness to adhere to the conditions imposed by the court. One strategy that could be employed in dealing with Section 490.015(2) is to work closely with legal counsel and other professionals who have experience in dealing with criminal law and the process of obtaining termination orders. This may involve engaging a criminal lawyer or consulting with experts in the field of risk assessment and behavioral analysis. Another strategy could be to gather evidence and documentation that demonstrates the individual's rehabilitation and efforts to change their behavior. This may include obtaining testimonials from family members, employers, and other community members who have observed the individual's positive changes and contributions. It may also be beneficial to explore alternative sentencing options that could provide the individual with the necessary support and resources to continue their rehabilitation and prevent future offending. This could include community service, restorative justice programs, or specialized treatment programs. Ultimately, the goal of dealing with Section 490.015(2) should be to balance the interests of justice, public safety, and individual rights and freedoms. By carefully considering the circumstances and employing strategic approaches, it may be possible to successfully obtain a termination order and support the individual's successful reintegration into society.