INTRODUCTION AND BRIEF DESCRIPTION
The person in charge of a detention center must provide a copy of the release or discharge order to the detainee at least 10 days before their release or discharge.
SECTION WORDING
490.018(4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.
EXPLANATION
Section 490.018(4) of the Criminal Code of Canada mandates that the person responsible for overseeing the detention or custodial portion of a sentence has to provide the person serving the sentence with a copy of the order at least 10 days before their release or discharge. In other words, this section intends to ensure that the person in custody or serving a sentence is informed about the conditions of their release and/or discharge. This provision is significant because it guarantees that the person being released has a clear understanding of the terms of their release. For example, the order could include various restrictions like mandatory counseling, rehabilitation, or drug testing. By providing a copy of the order well in advance, the person can prepare for the conditions of their release and take appropriate measures to comply with the requirements. Furthermore, Section 490.018(4) underscores the importance of transparency and accountability in the criminal justice system. It ensures that the person serving the sentence is aware of the terms of their release or discharge, which in turn highlights the obligations and responsibilities of the authorities responsible for their detention or custody. Thus, this provision not only protects the rights of the person serving the sentence but also ensures that the process of release or discharge is fair and just. In conclusion, Section 490.018(4) is a crucial part of the Criminal Code of Canada as it aims to promote transparency, accountability, and fairness in the criminal justice system. This provision guarantees that the person serving a sentence is informed about the conditions of their release, which highlights the criminal justice system's obligations and responsibilities.
COMMENTARY
Section 490.018(4) of the Criminal Code of Canada is an important piece of legislation that outlines the rights of individuals who are serving a custodial sentence or being detained in custody. The section specifically stipulates that the person in charge of the place in which the individual is being held must provide them with a copy of the order not earlier than 10 days before their release or discharge. At its core, this provision is designed to protect the rights of individuals who are being detained or serving a custodial sentence. By providing them with a copy of the order that outlines the conditions of their release or discharge, they are able to understand their legal rights and obligations. This, in turn, empowers them to make informed decisions about their future and to take actions that will improve their lives and enable them to reintegrate into society. Furthermore, this provision helps to ensure that individuals are not unjustly or unfairly held in detention or custody beyond the time period stipulated in their order. By requiring that the copy of the order be given no earlier than 10 days before release or discharge, the section enables individuals to review their order and seek legal advice or assistance if they believe that their rights have been violated. In addition, this provision helps to promote transparency and accountability in the criminal justice system. It requires the person in charge of the detention or custodial facility to provide a copy of the order to the individual, even if they are not necessarily inclined to do so. This helps to ensure that all parties involved in the criminal justice system are aware of the legal rights and obligations of those in custody or serving a sentence and that these rights are respected and enforced. Overall, Section 490.018(4) of the Criminal Code of Canada is an essential part of the legal framework that governs the criminal justice system in Canada. It helps to protect the rights of individuals who are being held in detention or serving a sentence and promotes accountability and transparency within the system. As such, it is an important provision that must be respected and enforced by all parties involved in the criminal justice system.
STRATEGY
Section 490.018(4) of the Criminal Code of Canada outlines the requirement for the person in charge of a correctional facility to provide an individual with a copy of their release or discharge order not earlier than 10 days before their release or discharge. This section is significant as it ensures that individuals are informed of their release or discharge in advance, allowing them to make appropriate arrangements and plan for their future. When dealing with this section, lawyers and legal professionals must consider various strategic points. One significant consideration is ensuring that the individual receives the order not later than the required period. This precautionary measure will ensure that individuals have enough time to review their release or discharge plan, seek legal advice and make necessary arrangements. Additionally, lawyers should advise their clients to review the order carefully, noting the terms and conditions imposed on their release or discharge. This review will enable the individual to understand the restrictions imposed and the consequences of violating them. It is also an opportunity for the individual to raise any concerns or challenges they may have regarding their release or discharge. Furthermore, legal professionals should advise individuals to seek legal aid if they have concerns about their release or discharge plan. This advice will enable individuals to obtain legal representation to challenge any unfavourable terms and conditions in the order or challenge decisions made by the authorities. As such, ensuring that individuals have easy access to legal aid services is critical when dealing with this section. Strategies that could be employed when dealing with Section 490.018(4) include conducting a thorough review of the order, advising the individual to seek legal aid, and engaging in pre-release counselling. Pre-release counselling is a vital strategy that lawyers can employ when dealing with clients who are about to be released or discharged. Counselling services provide individuals with support and guidance, facilitating their transition from custody to the community. Further, providing individuals with adequate resources to plan their release or discharge, such as transportation, accommodation, and employment opportunities, is also critical. Such resources will enable individuals to establish stability in their lives and lower the likelihood of reoffending. In conclusion, Section 490.018(4) of the Criminal Code of Canada requires the individual in charge of a correctional facility to provide a copy of an individual's release or discharge order not earlier than ten days before their release or discharge. Legal professionals must consider various strategic points when dealing with this section, such as ensuring that individuals receive the order on time, reviewing its terms and conditions, and providing access to legal aid services and counselling. Further, providing individuals with resources and support to plan for their release or discharge is essential in minimizing the likelihood of recidivism.