INTRODUCTION AND BRIEF DESCRIPTION
A convicted person is ineligible for public office or the right to vote until they have completed their punishment or received a pardon.
SECTION WORDING
750(2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.
EXPLANATION
Section 750(2) of the Criminal Code of Canada deals with the legal consequences of a person being convicted of a criminal offence punishable by imprisonment for a term exceeding five years. If a person falls under this category, they are deemed to be incapable of holding any office under the Crown or any other public employment, being elected or sitting or voting as a member of Parliament or a legislature, or exercising any right of suffrage. This means that a person who has been convicted of a serious criminal offence cannot take part in any public office or political activities until they have undergone the punishment imposed on them, or until they receive a free pardon from Her Majesty. This provision is designed to protect the integrity and public trust in Canada's political and public institutions. It is meant to prevent individuals who have demonstrated a serious disregard for the law from being appointed or elected to positions of power and influence, where they could potentially exploit their positions or undermine the rule of law. The provision also serves as a form of punishment and discourages individuals from engaging in criminal activity that carries severe punishments. In cases where a person has been convicted of a serious criminal offence but has undergone the imposed punishment or received a free pardon, they may be able to run for politics or hold public office again. However, they will still carry the stigma of their conviction and may face public scrutiny and criticism.
COMMENTARY
Section 750(2) of the Criminal Code of Canada states that a person who is convicted of an indictable offence and receives a prison sentence exceeding two years is incapable of holding any office under the Crown, public employment, or exercising the right to vote until they have served their punishment or received a free pardon from the Crown. Essentially, this section of the Criminal Code serves to limit the political rights of individuals convicted of serious crimes and serves as a warning to deter the commission of such offences. By stripping convicted offenders of their political rights, the Criminal Code is sending a clear message that such behaviour is not acceptable in Canadian society. As well, it ensures that individuals who are unable to abide by the laws of the land cannot hold political power or have a say in how the country is run. Indeed, the severity of the punishment they receive should be enough to make them realize the seriousness of their actions and hopefully steer them towards rehabilitation. At the same time, however, there are some who argue that the punishment is too harsh and that it infringes on the rights of individuals who have served their time and are attempting to reintegrate into society. In particular, some may argue that the inability to vote is a denial of their fundamental democratic rights. By limiting their ability to vote, it is argued that society is perpetuating a cycle of marginalization that may only serve to exacerbate the problems that led to the individual's criminal activity in the first place. There is also concern that this section of the Criminal Code may disproportionately impact certain marginalized communities, such as Indigenous people, who are overrepresented in Canadian prisons. It should be noted, however, that the effects of this section may be limited somewhat by the ability of the government to grant pardons. Taken as a whole, it is clear that Section 750(2) serves as a powerful deterrent to the commission of serious criminal activity. While some may argue that the punishment is too harsh, it is difficult to argue that convicted offenders should be allowed to hold office or vote when they have committed such egregious violations of the law. At the same time, however, there may be ways to mitigate the impact of this section on marginalized communities. Ultimately, it will be up to lawmakers and other stakeholders to find a balance between the need for punishment and the right of convicted individuals to reintegrate into society.
STRATEGY
Section 750(2) of the Criminal Code of Canada imposes a variety of constraints on individuals who have been convicted of certain offenses. Such individuals are prohibited from holding any office under the Crown or other public employment, participating in parliamentary or legislative elections, or exercising any right to vote until they have served their sentence or received a pardon from Her Majesty. When faced with this section of the Criminal Code, one must consider a variety of strategic factors. Firstly, one must consider the nature of the offense for which they are accused. If they have been convicted of a serious felony, they may be banned from running for public office or participating in elections indefinitely, whereas a conviction for a minor offense may result in only temporary restrictions. It is important to understand the scope and extent of the restrictions imposed by the section to properly formulate a legal defense and determine the likely outcome of the case. Secondly, one must weigh the potential benefits of pursuing a legal challenge against the potential costs, both in terms of time and legal fees. Depending on the circumstances, it may be better to plead guilty and receive a reduced sentence rather than fight a losing legal battle and face the full extent of the restrictions imposed by section 750(2). Consultation with an experienced attorney or legal representative can greatly assist in determining the appropriate course of action. Thirdly, it is important to consider the precedent that this section sets. If one is successful in challenging the constitutionality of section 750(2), it could have significant implications for future cases and the rights of individuals who have been convicted of offenses. On the other hand, if the legal challenge is unsuccessful, it could further entrench this section of the Criminal Code and make successful challenges more difficult in the future. In terms of strategies that could be employed when dealing with section 750(2), one option is to seek a pardon or record suspension from the Parole Board of Canada. This can help to remove or reduce the restrictions imposed by the section and may allow one to participate in public life and exercise their civic rights. Another strategy is to seek an early release from prison or a reduction in sentence, which could allow one to start rebuilding their life and resume normal activities sooner. It is also important to explore alternative avenues for participation in public life. For example, while one may not be able to run for office or vote in parliamentary elections, they may still be able to participate in other forms of civic engagement, such as municipal politics or community organizations. By exploring these options, one can continue to be an active member of society despite the restrictions imposed by section 750(2). In conclusion, section 750(2) of the Criminal Code of Canada imposes a variety of restrictions on individuals who have been convicted of certain offenses. To navigate this section successfully, one must carefully consider the nature of the offense, the potential benefits and costs of a legal challenge, and alternative options for participation in public life. By doing so, one can minimize the impact of the restrictions and continue to be an active member of society.