INTRODUCTION AND BRIEF DESCRIPTION
This section outlines which court to apply to for certain obligations under the Criminal Code and National Defence Act.
SECTION WORDING
490.023(1.1) The application shall be made to a court of criminal jurisdiction if (a) it relates to an obligation under section 490.019 of this Act; or (b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act.
EXPLANATION
Section 490.023(1.1) of the Criminal Code of Canada pertains to the application process for those seeking a record suspension or a pardon. A record suspension is essentially a legal pardon granted to individuals who have been convicted of a criminal offence, allowing them to have their criminal record kept confidential. This can be invaluable for those seeking to rebuild their lives after paying their debt to society. This section specifies that the application for a record suspension must be made to a court of criminal jurisdiction in two distinct circumstances. Firstly, if the individual seeking the pardon has an obligation under section 490.019 of the Criminal Code. This section outlines the eligibility criteria for seeking a record suspension, such as the completion of a sentence, the payment of any outstanding fines, and the absence of any further criminal convictions. The second circumstance specified in this section is if the obligation relates to section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act. This pertains to military personnel who may be seeking a record suspension for a military offence. In such cases, if the Chief Military Judge does not have jurisdiction to receive the application, it must be made to a court of criminal jurisdiction. Overall, this section simply outlines the appropriate court to which a person must apply for a record suspension based on their specific circumstances. It serves as an important legal requirement for those seeking a second chance at a clean record.
COMMENTARY
Section 490.023(1.1) of the Criminal Code of Canada lays out the procedures for making an application to a court of criminal jurisdiction under certain circumstances. Specifically, this section applies in situations where the application pertains to obligations under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act, and the Chief Military Judge does not have jurisdiction to receive the application. Section 490.019 of the Criminal Code concerns the obligation of a person who has been found not guilty of an offence by reason of mental disorder to comply with certain conditions. These conditions can include complying with a treatment plan, reporting regularly to a designated person or institution, and undertaking any other measures that are considered necessary for the person's rehabilitation and protection of the public. Failure to comply with these conditions can result in the person being arrested and returned to court for further proceedings. Section 227.06 of the National Defence Act relates to the obligation of a person who is subject to military law to comply with orders given by a superior officer. This section establishes that a person who disobeys a lawful command or order is guilty of an offence and can face serious consequences, including imprisonment and discharge from the armed forces. In both cases, an application to a court of criminal jurisdiction may be necessary if either of these obligations have been disregarded or contravened. This could occur if a person subject to these obligations fails to comply with the conditions or orders outlined in the relevant section of the applicable legislation. It is worth noting that this section of the Criminal Code only applies in situations where the Chief Military Judge does not have jurisdiction to receive the application under the National Defence Act. This indicates that the Canadian legal system recognizes the unique circumstances and needs of the military as a distinct institution, and that different procedures and mechanisms may be required to address issues relating to military law. Overall, section 490.023(1.1) serves as a useful tool for ensuring that individuals comply with their legal obligations and that appropriate consequences are applied when necessary. However, it is crucial that such applications are made appropriately and with respect for due process and human rights considerations, particularly in the case of individuals subject to conditions or orders related to mental health.
STRATEGY
Section 490.023(1.1) of the Criminal Code of Canada pertains to the process of applying for a record suspension, a legal mechanism for individuals to have their criminal convictions kept separate from their publicly available criminal record. This section outlines the conditions under which an application for a record suspension can be made to a court of criminal jurisdiction. In dealing with this section, there are several strategic considerations that individuals should take into account. Firstly, it is important to carefully assess whether one's situation meets the criteria for applying for a record suspension under this section. The section specifies that the application must relate to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act, and it explains the conditions under which an application must be made to a court of criminal jurisdiction. Therefore, individuals should ensure that their situation fits within these criteria before proceeding with an application. Secondly, individuals should consider the potential implications of applying for a record suspension and the potential benefits of having their criminal convictions kept separate from their public record. A record suspension can improve an individual's employment prospects, as employers are less likely to discriminate against individuals who have had their convictions set aside. It can also allow individuals to travel with greater ease, as they may face fewer restrictions and travel requirements when their criminal record is not publicly available. However, it is important to note that a record suspension does not erase one's criminal record entirely and that certain agencies, such as law enforcement and immigration authorities, will still be able to access it. Thirdly, individuals should carefully consider the process and requirements for applying for a record suspension under this section. The process can be complex and time-consuming, and individuals must meet certain eligibility criteria and satisfy a number of conditions in order to be considered for a record suspension. For example, individuals must have completed their sentence and demonstrated that they have been law-abiding citizens for a certain period of time. Additionally, individuals must submit a complete and accurate application with all required documentation, and they must pay any associated fees. Therefore, individuals should carefully assess their eligibility and prepare a comprehensive application before proceeding. In terms of strategies that could be employed when dealing with this section of the Criminal Code, individuals should consider seeking the assistance of a legal professional or a reputable record suspension service. These individuals can provide guidance and support throughout the application process and can help ensure that all requirements are met and all necessary documentation is submitted. Additionally, individuals should gather and present evidence that supports their application, such as character references, proof of employment or volunteer work, and evidence of personal or professional development. This evidence can help demonstrate to the reviewing authorities that the individual has taken steps to rehabilitate and reintegrate into society and is deserving of a record suspension. Finally, individuals should be patient and persistent, as the application process can take several months or even years to complete, and there may be delays or additional requirements along the way. By remaining committed and focused on their goals, individuals can increase their chances of success when applying for a record suspension under this section of the Criminal Code of Canada.