INTRODUCTION AND BRIEF DESCRIPTION
This section allows a person whose capacities have been lost under subsection (3) to apply for their restoration.
SECTION WORDING
750(4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
EXPLANATION
Section 750(4) of the Criminal Code of Canada addresses the process of restoring the capacities lost by an individual as a result of being convicted of a criminal offence and sentenced to imprisonment for two years or more. The relevant subsection, 750(3), outlines the automatic loss of certain privileges and rights, including the right to vote, the ability to serve on a jury, and the right to possess firearms. The process of restoration of these lost capacities is available to individuals at any time before they receive a record suspension (also known as a pardon) under the Criminal Records Act. This means that an individual can apply to the Governor in Council for the restoration of one or more of the capacities they have lost, even if they have not yet been granted a record suspension. The restoration process involves an application to the Governor in Council, which may be granted or denied at their discretion. An individual must provide information regarding their criminal history, the reasons for which they lost the capacity they are seeking to restore, and any efforts they have made to rehabilitate themselves. The restoration of these capacities can provide a significant impact on an individual's life, particularly in terms of their ability to participate in civic duties, such as voting or serving on a jury. It can also impact their ability to secure employment, as some industries require individuals to have certain capacities in order to work in the field. Overall, Section 750(4) provides individuals with an avenue to restore their lost capacities, allowing them to move forward and fully participate in society, even if they have been convicted of a criminal offence in the past.
COMMENTARY
Section 750(4) of the Criminal Code of Canada is a provision that allows individuals who have lost certain capacities as a result of a criminal conviction to apply for their restoration. It provides a mechanism for individuals who have faced legal consequences of their conduct to take proactive steps towards rehabilitation, allowing them to reintegrate into society and access opportunities they may have lost due to their conviction. Subsection (3) to which this provision refers relates to the provision of the Criminal Records Act that sets out the conditions under which an individual can apply for a record suspension, previously referred to as a pardon, for their criminal conviction. Persons who have been convicted of an offence in Canada must submit an application for a record suspension in order to have their criminal record removed from the Canadian Police Information Centre (CPIC) database. However, certain convictions make individuals ineligible to apply for a record suspension, and as a result, they may face consequences such as limited access to certain jobs or travel limitations. Section 750(4) provides individuals with an opportunity to restore a portion of the lost capacities, irrespective of whether a record suspension has been granted. The Governor in Council has the discretion to restore any or all of the capacities lost, including the right to vote, to hold public office, the right to possess firearms and the right to be issued a passport. The decision is made on a case-by-case basis, and the Minister of Public Safety is obligated to provide recommendations to the Governor in Council. The provision recognizes that individuals who have faced legal consequences of their conduct should be given a chance to demonstrate rehabilitation, and in doing so, have their capacities restored. A person who has lost the right to vote, for example, might demonstrate their rehabilitation by community engagement, such as volunteering or undertaking an educational course. By restoring some of the privileges lost, Section 750(4) encourages social reintegration that can lead to a more productive and fulfilling life. The provision also provides an opportunity to individuals who are ineligible for a record suspension but wish to show their commitment to rehabilitation and their responsibility towards their past actions in some other fashion. Subsection (3) may be too narrow in its purpose, as it only considers issues of criminal records, while Section 750(4) recognizes that there may be other ways to allow individuals to demonstrate their rehabilitation and take steps towards reintegration. While Section 750(4) provides an opportunity for individuals to take proactive steps towards rehabilitation, it is not without challenges. The application process can be lengthy and complex, and the decision by the Governor in Council is discretionary. Although an individual may have demonstrated rehabilitation through community work or educational courses, there is no guarantee that the lost capacities will be restored. In cases where the lost capacity is central to an individual's career or livelihood, the restoration decision can have significant consequences. In conclusion, Section 750(4) is an important mechanism that recognizes the importance of rehabilitation and social reintegration of individuals who have faced legal consequences of their conduct. It provides an opportunity for individuals to take proactive steps towards rehabilitation and reintegrate into society, even when they may not be able to access record suspension. The decision to restore lost capacities lies in the hands of the Governor in Council and recognizes the unique circumstances of every individual. While the process can be lengthy and challenging, it provides a valuable opportunity for individuals who are committed to demonstrating their rehabilitation and taking steps towards reintegration into their communities.
STRATEGY
Section 750(4) of the Criminal Code of Canada deals with the restoration of lost capacities after a criminal conviction. The section allows persons who have lost certain capacities by virtue of a criminal conviction to apply for the restoration of those capacities. The restoration of lost capacities can be a crucial step towards reintegration into society for many persons with criminal histories. However, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. One of the primary strategic considerations when dealing with section 750(4) is timing. The section states that a person may apply for the restoration of lost capacities at any time before a record suspension is ordered under the Criminal Records Act. Therefore, it is important to understand the timelines for record suspension applications before submitting an application for restoration of lost capacities. Another important strategic consideration is to understand the types of capacities that can be restored under section 750(4). The section refers to capacities listed in subsection (3) of the Criminal Code. These capacities include the right to bear arms, hold certain offices, and the right to vote. Understanding which capacities apply to each individual case is essential when making a restoration application. A further strategic consideration is to ensure that all necessary documentation is provided with the application for restoration. The Governor in Council requires evidence of rehabilitation and proof that the person is of good conduct. This evidence can include references, certificates of completion of educational or rehabilitation programs, and letters from employers or community leaders. It is essential to provide clear and concise documentation that supports the restoration application. Employment can be a significant factor when dealing with section 750(4). A good job is often the key to successful reintegration into society for persons with criminal records. Many of the capacities lost under subsection (3) have a direct impact on employment opportunities, such as the right to work in certain industries or hold certain positions. Therefore, considering how the restoration of these capacities can lead to increased employment opportunities is a strategic consideration when making an application. Finally, it is crucial to have a skilled and experienced legal professional assist with the restoration application. Legal professionals have extensive experience with the criminal justice system and understand the requirements for restoration applications under section 750(4). Having an experienced lawyer provide advice and guidance throughout the process can greatly improve the chances of success. In conclusion, section 750(4) of the Criminal Code of Canada provides a mechanism for persons with criminal records to restore lost capacities. However, several strategic considerations should be taken into account when making an application. Timing, understanding the capacities that can be restored, providing clear evidence of rehabilitation and good conduct, considering the impact on employment opportunities, and seeking legal advice and guidance are essential steps when dealing with this section of the Criminal Code of Canada.