INTRODUCTION AND BRIEF DESCRIPTION
Review Boards must provide copies of orders for unconditional or conditionally discharged individuals, unless the conditions restrict their liberty to the point where they cannot comply with the Sex Offender Information Registration Act.
SECTION WORDING
490.018(3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs (a) under paragraph 672.54(a), that the person be discharged absolutely; or (b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
EXPLANATION
Section 490.018(3) of the Criminal Code of Canada states that a Review Board must provide a copy of the order to the person who is subject to it when they have been directed to be discharged absolutely or with conditions under paragraph 672.54 of the Code. The purpose of this section is to ensure that the person is aware of their discharge status and any conditions that need to be followed. Paragraph 672.54(a) applies when a person is found to be not criminally responsible on account of a mental disorder and the Review Board determines that they should be discharged from custody absolutely. This means that the person is no longer under any supervision or restrictions. Paragraph 672.54(b) applies when a person is found to be not criminally responsible on account of a mental disorder and the Review Board determines that they should be discharged subject to conditions. In this case, the person must adhere to certain conditions in order to maintain their freedom. However, if the conditions are too restrictive and prevent the person from complying with Sections 4, 4.1, 4.3, and 6 of the Sex Offender Information Registration Act, then they will not be provided with a copy of the order. Overall, Section 490.018(3) aims to ensure that individuals who are discharged under these circumstances are aware of their rights and obligations, regardless of whether they are absolutely discharged or discharged with conditions.
COMMENTARY
Section 490.018(3) of the Criminal Code of Canada requires that a Review Board provide the person subject to an order with a copy of that order if it directs them to be discharged absolutely or subject to conditions that do not restrict their liberty in a manner that prevents compliance with certain provisions of the Sex Offender Information Registration Act. This provision is designed to ensure that individuals subject to such orders are aware of the conditions that they must abide by and the consequences of failing to do so. The first part of this provision relates to situations where a Review Board orders the absolute discharge of a person subject to a forensic psychiatric assessment. This means that the individual is no longer subject to any restrictions or conditions related to their mental health, and is free to return to the community without supervision. In such cases, the Review Board must provide the individual with a copy of the order to ensure that they are aware of their new status and the legal requirements that still apply to them. The second part of this provision applies to cases where a Review Board imposes conditions on the individual's discharge in order to manage the risk that they may pose to the community. Such conditions may include requirements to attend counselling, refrain from contacting certain individuals, or comply with electronic monitoring. However, if the Review Board imposes conditions that restrict the person's liberty in a manner that prevents them from complying with certain sections of the Sex Offender Information Registration Act, they are not required to provide the person with a copy of the order. The purpose of this exception is to balance the need to protect the community from individuals who may pose a risk of reoffending with the need to respect their rights and freedoms. If the conditions imposed on the person are so restrictive that they cannot comply with the provisions of the Sex Offender Information Registration Act, this indicates that the conditions are unduly onerous and may infringe on the person's rights. In such cases, it would be more appropriate for the individual to remain in custody until alternative, less restrictive conditions can be imposed. Overall, section 490.018(3) of the Criminal Code of Canada is an important safeguard that ensures that individuals subject to forensic psychiatric assessments are aware of the conditions they must abide by and the consequences of failing to do so. By requiring Review Boards to provide a copy of the order to individuals who are discharged absolutely or subject to conditions that do not excessively restrict their liberty, the provision helps to balance the need to protect the community with the need to respect the rights and freedoms of the individual.
STRATEGY
Section 490.018(3) of the Criminal Code of Canada describes the requirements for providing copies of discharge orders to individuals who are subject to them. This section of the Code is important for ensuring that individuals are informed of the details of their discharge and any conditions that may be attached to it. There are several strategic considerations that should be taken into account when dealing with this section of the Code. One of the primary strategic considerations is ensuring that individuals receive copies of their discharge orders promptly and efficiently. This requires coordination between the Review Board, law enforcement agencies, and other relevant authorities. Effective communication and information sharing are crucial for ensuring that individuals receive their orders quickly and have all the information they need to comply with any conditions. Another important consideration is the impact of the conditions attached to the discharge order. As outlined in section 490.018(3)(b), conditions may restrict an individual's liberty to some extent. This can have significant implications for their ability to reintegrate into society and resume normal activities such as work and socializing. Therefore, it is important to carefully consider any conditions that are attached to the discharge order and ensure that they are necessary and appropriate. One strategy that could be employed to manage these considerations is to develop a comprehensive communication plan that outlines the processes and responsibilities for providing discharge orders to individuals. This plan could also identify any existing barriers to effective communication and provide strategies for addressing them. Additionally, the plan could include guidance for Review Boards on how to determine appropriate conditions and ensure that they are communicated clearly and in a timely fashion. Another strategy that could be employed is to create a database or system for tracking discharge orders and associated conditions. This could help to ensure that individuals are complying with any conditions and provide a mechanism for monitoring their progress over time. Such a system could also facilitate communication among relevant authorities and help to identify any potential issues or challenges that may arise. Overall, effective communication, coordination, and monitoring are key strategic considerations when dealing with section 490.018(3) of the Criminal Code of Canada. By carefully managing these considerations and employing effective strategies, it may be possible to ensure that individuals are informed of their discharge orders and are able to comply with any associated conditions, while also facilitating their successful reintegration into society.