INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the duration of obligations for persons who have been sentenced or found not criminally responsible, based on the maximum term of imprisonment for the offence listed in the notice.
SECTION WORDING
490.022(3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation (a) ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years; (b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years; (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or (d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition "designated offence" in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition "designated offence" in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.
EXPLANATION
Section 490.022(3) of the Criminal Code of Canada outlines the obligation for an individual to provide a DNA sample for the national DNA data bank. The section specifies the time frame within which this obligation lasts, depending on the type and severity of the offence committed. If none of paragraphs (2)(a) to (c) applies earlier, the obligation ends after a certain time period. For offences prosecuted summarily or those where the maximum term of imprisonment is two or five years, the obligation ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder. For offences with a maximum term of imprisonment of 10 or 14 years, the obligation ends 20 years after the person was sentenced or found not criminally responsible on account of mental disorder. However, if the offence listed in the notice has a maximum term of imprisonment of life or the person was convicted of multiple designated offences, the obligation applies for life. In the context of the Criminal Code of Canada, this section provides a clear and consistent approach to determining the time frame for which individuals must provide a DNA sample for the national DNA data bank. By linking the time frame to the severity and number of offences committed, the section ensures that the obligation remains relevant and proportional to the criminal history of the individual involved.
COMMENTARY
Section 490.022(3) of the Criminal Code of Canada outlines the period of time for which a person convicted of a designated offence must comply with certain obligations. Designated offences are offenses that are considered to be particularly serious and include offenses such as murder, sexual assault, and drug trafficking. Under the section, the obligation to comply with certain obligations ends after a specific period of time depending on the maximum term of imprisonment for the offense. If the offense was prosecuted summarily or if the maximum term of imprisonment for the offense is two or five years, the obligation ends after 10 years. If the maximum term of imprisonment for the offense is 10 or 14 years, the obligation ends after 20 years. However, if the maximum term of imprisonment is life, the obligation applies for life. The section also includes a provision for cases where a person has been convicted of multiple designated offenses. If a person has been convicted of more than one designated offense and more than one of those offenses is listed in the notice, the obligation to comply with certain obligations applies for life. The obligations that a person must comply with under this section include reporting to a police station or other designated location on a regular basis, providing a DNA sample, and notifying authorities of any change in address. These obligations are intended to reduce the risk of re-offending and to ensure that the public is protected. While the obligations imposed under this section may seem onerous, it is important to remember that they are only imposed on those who have been convicted of particularly serious offenses. The obligations are also proportional to the seriousness of the offense and the risk of re-offending. In conclusion, Section 490.022(3) of the Criminal Code of Canada is an important provision that helps to protect the public by ensuring that those who have been convicted of certain offenses are subject to certain obligations designed to reduce the risk of re-offending. While the obligations may seem onerous, they are proportional to the seriousness of the offense and the risk of re-offending.
STRATEGY
Section 490.022(3) of the Criminal Code of Canada sets out the obligations in relation to the retention of criminal records. The section outlines the length of time that an individual's criminal record must be retained based on the type and severity of the offence committed. When dealing with this section, there are several strategic considerations that should be taken into account. One of the most important strategic considerations when dealing with this section is the potential impact that the retention of criminal records can have on an individual's life. A criminal record can limit an individual's employment opportunities, their ability to travel, and even their ability to obtain housing. Therefore, it is important to consider the impact that retaining a criminal record could have on an individual's future, and to develop strategies to minimize this impact. One strategy that could be employed is to advocate for a reduction in the length of time that a criminal record is retained. This could involve seeking a pardon, or advocating for changes to the Criminal Code that would result in shorter retention periods. In some cases, it may also be possible to expunge a criminal record entirely, particularly if the offence was minor or occurred many years ago. Another strategy that could be employed is to work with legal professionals to challenge the retention of a criminal record. This could involve arguing that the retention of the criminal record is disproportionate to the offence committed, or that it is unfairly impacting the individual's ability to reintegrate into society and move on from their past actions. It is also important to consider the potential impact that the retention of a criminal record may have on an individual's mental health. The stigma associated with a criminal record can be significant, and it may be important to develop strategies to help individuals cope with the psychological impact of having a criminal record. When dealing with this section of the Criminal Code of Canada, it is also important to be aware of the potential for discrimination and bias. Individuals from marginalized communities, such as racialized individuals or those living in poverty, may be disproportionately impacted by the retention of criminal records. It is important to develop strategies to address these systemic issues and to work towards greater equity in the criminal justice system. Overall, when dealing with section 490.022(3) of the Criminal Code of Canada, it is important to approach the situation with empathy and a focus on reducing harm. By developing strategies that take into account the potential impact of criminal record retention on an individual's life, mental health, and future opportunities, it may be possible to minimize the harm caused by the criminal justice system and work towards a more equitable and just society.