INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Governor in Council to restore lost capacities to an applicant subject to conditions.
SECTION WORDING
750(5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.
EXPLANATION
Section 750(5) of the Criminal Code of Canada grants the Governor in Council the power to restore the capacities lost by an applicant by virtue of subsection (3). This refers to the consequences of a criminal conviction for an indictable offence that can result in the loss of certain rights or privileges, such as the right to possess firearms, the right to vote, or the ability to hold certain professions. An applicant who has lost these capacities through a criminal conviction may seek to have them restored by making an application under subsection (4). The Governor in Council has the authority to grant such an application, either in whole or in part, and subject to any conditions deemed to be in the public interest. The restoration of lost capacities may have significant implications for an individual's personal and professional life. The ability to possess firearms, for example, may be essential for those who work in certain professions or enjoy hunting or sport shooting. The right to vote is a fundamental component of democratic citizenship. Similarly, the ability to hold certain jobs or licenses may be necessary for individuals to earn a living and contribute to society. Overall, section 750(5) provides a mechanism for individuals to seek the restoration of certain capacities lost as a result of a criminal conviction, while also allowing the government to impose conditions that serve the public interest.
COMMENTARY
Section 750(5) of the Criminal Code of Canada is a provision that deals with the restoration of lost capacities resulting from a conviction for a serious personal injury offense. The provision gives the Governor in Council the power to order the restoration of these capacities, whether in whole or in part, and subject to certain conditions that the Governor deems appropriate in the public interest. The lost capacities referred to in the provision include the right to vote, hold public office, and possess firearms. These are significant rights that are fundamental to the exercise of citizenship and personal autonomy. The restoration of these capacities has the potential to give the convicted person a second chance at leading a productive and meaningful life. However, the restoration of lost capacities through section 750(5) is not automatic. It is subject to an application process under subsection (4) of the same provision. The application must be made by the convicted person, and it must demonstrate that the person has been rehabilitated and is no longer a risk to public safety. The application must also show that the restoration of lost capacities is desirable in the public interest. The fact that the restoration of lost capacities is subject to an application process indicates that it is a privilege rather than a right. It is not a guaranteed outcome but rather a discretionary decision by the Governor in Council. This discretion is essential as it enables the decision-maker to consider factors beyond the mere completion of a sentence. For instance, factors such as the severity of the offense, the length of time elapsed since the conviction, and the convicted person's conduct post-conviction are factors that could influence the Governor's decision. The conditions that the Governor in Council may impose on the restoration of lost capacities are also a critical aspect of section 750(5). The provision grants broad discretion to the Governor in Council as to what conditions might be appropriate in the public interest. For example, the restoration of the right to vote may be subject to the convicted person registering with a probation officer, while the restoration of the ability to possess firearms may be conditioned on a mental health assessment. However, the imposition of conditions must be reasonable and proportionate to the desired outcome. Any conditions that are overly burdensome or that do not contribute to the public interest would be unreasonable and hence unlawful. In conclusion, section 750(5) of the Criminal Code of Canada is an essential provision that recognizes the possibility of rehabilitation and the value of restoring capacities lost due to a conviction for a serious personal injury offense. However, it is subject to an application process, it is a discretionary decision, and it can be subject to conditions that are reasonable and proportionate to the desired outcome. As such, it strikes an appropriate balance between public safety and the rehabilitation of the convicted person.
STRATEGY
Section 750(5) of the Criminal Code of Canada provides an opportunity for those convicted of certain offences to apply to have their rights restored. These rights include the ability to possess firearms and other weapons, the right to be a party to civil proceedings, and the right to vote. However, the decision to restore these rights is ultimately up to the Governor in Council, and they may impose certain conditions. There are various strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. One must first evaluate the eligibility criteria for application, which require a minimum period of five years to have passed since the conviction and the successful completion of all the sentencing requirements. If the applicant meets these requirements, they can file a formal application to have their rights restored. Once the application has been submitted, the Governor in Council will review the matter and make a decision. When making this decision, the Governor in Council will typically evaluate a number of factors, such as the nature of the conviction, the length of time since the conviction, the applicant's current employment situation, and any evidence of rehabilitation. Given the weight of these factors, the most effective strategy for an applicant is to present their case in a way that highlights their rehabilitation and their ability to be a productive member of society. Presenting evidence of their employment and any volunteer work, for example, can showcase their commitment to turning their life around. Similarly, if the applicant has completed any rehabilitation programs or counselling, highlighting these accomplishments can demonstrate their commitment to personal growth. Another key strategy is to work with legal professionals who are experienced in these types of cases. Criminal defence lawyers can provide invaluable insight and guidance throughout the application process, including advising on the appropriate documentation required and presenting persuasive arguments in favour of the applicant's case. Additionally, working with lawyers can help applicants ensure that their application is compliant with all the relevant legislation and regulations. In summary, when dealing with Section 750(5) of the Criminal Code of Canada, it is important to understand the eligibility requirements, evaluate the factors that may be considered in the application process, and develop a persuasive case that highlights the applicant's rehabilitation and ability to be a contributing member of society. Working with experienced legal professionals can also be critical in ensuring success in this process.