Criminal Code of Canada - section 742.5(1.1)

section 742.5(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section governs the conditions under which a conditional sentence order can be transferred from one territorial division to another with the consent of the relevant Attorney General.

SECTION WORDING

742.5(1.1) The transfer may be granted only with (a) the consent of the Attorney General of the province in which the conditional sentence order was made, if the two territorial divisions are not in the same province; or (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.

EXPLANATION

Section 742.5(1.1) of the Criminal Code of Canada pertains to the transfer of a conditional sentence order (CSO) from one territorial division to another. A CSO is a type of sentence that allows an offender to serve their sentence in the community, rather than in a correctional facility. If an offender wishes to transfer their CSO to another territorial division, they must obtain the consent of the Attorney General of the province in which the CSO was made (if the two territorial divisions are not in the same province) or the Attorney General of Canada (if the proceedings leading to the issuance of the CSO were instituted by or on behalf of the Attorney General of Canada). The purpose of this provision is to ensure that the transfer of a CSO is done in a controlled and regulated manner to prevent any negative impact on the community. For example, if an offender wishes to transfer their CSO to a different province, it is important that the Attorney General of that province is aware of the offender's presence and can monitor their behavior while they serve their sentence. This provision also ensures that the appropriate authorities are involved in the decision-making process and can evaluate the potential risks and benefits of the transfer. Additionally, this provision allows for cooperation and communication between different provinces or the federal government to ensure the efficient transfer of an offender's CSO. By requiring consent from the relevant authorities, this provision helps to protect the public and maintain confidence in the justice system.

COMMENTARY

Section 742.5(1.1) of the Criminal Code of Canada lays out the conditions for the transfer of a person serving a conditional sentence order from one territorial division to another. This section of the code aims to ensure that the transfer process is only initiated with the necessary approvals from the relevant authorities. The provision requires that the consent of the Attorney General of the province in which the conditional sentence order was made is obtained before the transfer can be granted, if the two territorial divisions are not in the same province. This means that if a person receiving a conditional sentence order wants to be transferred to a different province to serve out their sentence, the consent of the Attorney General of that province must be obtained before the transfer can be made. Similarly, if the proceedings that led to issuing of the conditional sentence order were initiated by or on behalf of the Attorney General of Canada, then the consent of the Attorney General of Canada must be obtained before the transfer can be granted. The purpose of these requirements is to ensure that the transfer process is not initiated arbitrarily, and that there are proper checks on the authority of those seeking the transfer. This helps in maintaining the integrity of the criminal justice system and in ensuring that the rights of those accused of crimes are protected. For instance, if a person receives a conditional sentence order but wishes to be transferred to a different province to serve out their sentence, it is important that the authorities in the province they are transferring to are aware of the details of their sentence and are willing to have them serve out their sentence in their jurisdiction. This will help in ensuring that the necessary support services are available to the person receiving the sentence, which can be critical to their successful completion of the sentence. Similarly, in cases where proceedings are initiated by or on behalf of the Attorney General of Canada, the requirement for obtaining the consent of the Attorney General of Canada before a transfer can be granted ensures that the federal government is aware of the conditions of the sentence and can monitor the progress of the offender. Overall, Section 742.5(1.1) of the Criminal Code of Canada plays an important role in ensuring that the transfer of individuals serving conditional sentence orders is done in a measured and responsible way. By requiring the approval of relevant authorities, the section ensures that the rights of those accused of crimes are protected and that public safety is not compromised.

STRATEGY

Section 742.5(1.1) of the Criminal Code of Canada imposes certain requirements in order for a conditional sentence to be transferred from one territorial division to another. This section emphasizes the importance of seeking the consent of either the Attorney General of the province or the Attorney General of Canada, depending on the circumstances. Given the strict requirements imposed by this section, it is essential for legal practitioners to consider various strategies to effectively deal with such situations. One of the primary strategic considerations when dealing with Section 742.5(1.1) is to ensure timely communication with the relevant authorities. Since the transfer of a conditional sentence cannot be granted unless the consent of the Attorney General of the province or the Attorney General of Canada is obtained, it is important for legal practitioners to communicate with the appropriate authorities as soon as possible. This can help ensure that the necessary consent is obtained in a timely manner, thereby avoiding delays that can impact the client's interests. Another key strategy involves assessing the merits of the case in order to identify any legal grounds for an appeal. In some situations, it may become apparent that the client's interests would be best served through an appeal of the decision. This may require relevant case law study and research to ascertain the viability of an appeal being mounted. Legal practitioners may also wish to consider employing negotiation and persuasive strategies to help sway the relevant authorities in favor of the client. For instance, if the conditional sentence was granted for a client who has family in another province or territory, presenting this as a reason for transferring them can be a powerful persuasive tool. Legal practitioners may also consider highlighting any unique or extenuating circumstance that mihgt support the argument for a transfer. Another strategy that legal practitioners may use is to take advantage of any existing legal relationships with the relevant legal authorities. By building and cultivating relationships with the Attorney General of the province or Canada, legal practitioners stand a better chance of obtaining the necessary consent for the transfer of a conditional sentence, thereby supporting the interests of the client. Lastly, it is important for legal practitioners to ensure that the necessary documentation and information are provided to the relevant authorities in a timely and comprehensive manner. This can help ensure that the consent for the transfer of the conditional sentence is granted as quickly as possible. In conclusion, there are several strategic considerations and strategies that legal practitioners can employ when dealing with Section 742.5(1.1) of the Criminal Code of Canada. Communication, negotiation, persuasive techniques, legal research, building legal relationships and providing timely and comprehensive information/documentation can all help effectively deal with the challenges posed by this section. By carefully considering these strategies and taking action where necessary, legal practitioners can better serve the interests of their clients.