Criminal Code of Canada - section 760 - Disclosure to Correctional Service of Canada

section 760

INTRODUCTION AND BRIEF DESCRIPTION

This section mandates that reports, testimony and trial transcripts be forwarded to the Correctional Service of Canada when an offender is deemed dangerous or a long-term offender.

SECTION WORDING

760 Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.

EXPLANATION

Section 760 of the Criminal Code of Canada mandates that if a court finds an offender to be a "dangerous offender" or a "long-term offender," that court must forward a copy of all reports and testimony given by psychiatrists, psychologists, criminologists, and other experts, as well as any observations the court makes regarding the reasons it made its decision. These must be sent to the Correctional Service of Canada for informational purposes. To better understand the meaning of "dangerous offender" and "long-term offender," it is essential to examine the legal definitions of both. A dangerous offender is a person who has been convicted of a serious personal injury offense and who is considered to be a danger to the public. A long-term offender, on the other hand, is someone who has been convicted of a sexual offense and who is thought to pose a risk of committing future crimes. The purpose of forwarding this information to the Correctional Service of Canada is to provide an accurate account of the offender's history and tendencies. This information is then used to decide on what type of supervision or programming is necessary for the offender to prevent recidivism. The Correctional Service of Canada has the responsibility of providing appropriate interventions and support to ensure the safe reintegration of the offender into the community. Section 760 is an important tool in the Criminal Code of Canada, as it serves to hold individuals accountable for their actions, while also ensuring that they receive the necessary support and resources to prevent re-offending. The objective is to protect the public from potential harm while also providing the offender with opportunities to reform and lead a safe and productive life in society.

COMMENTARY

Section 760 of the Criminal Code of Canada is a highly significant provision that relates to the sentencing of dangerous offenders or long-term offenders. The purpose of this section is to ensure that the correctional service of Canada receives all the relevant information about the trial of the offender, and the opinions of experts with respect to their dangerousness, and the reasons for the finding. This information can then be used to develop appropriate programs for the rehabilitation of the offender. At the same time, this section provides for transparency in the sentencing process, ensuring that the reasons for the finding of dangerous offender or long-term offender are considered and reflected upon in the reports and testimony of experts. The primary objective of this provision is to ensure that the offender's risk to the community is reduced through the development of individualized treatment plans. This is achieved by the transmission of detailed reports and other information to the correctional service of Canada. With the help of these reports, the authorities can make informed decisions about the type of treatment that the offender should receive, for example, in regards to medication, therapy, or other forms of intervention, in order to successfully reintegrate into the community. Additionally, the provision of this information serves to increase the efficiency of the criminal justice system. The correctional service of Canada can prepare a reintegration plan for the offender while they are still serving their sentence. Therefore, this strategy aims to reduce the likelihood of recidivism, minimizing the risk of the offender reoffending upon their release into society. From a policy perspective, the aim of sentencing is not only to punish the offender for the wrong they have committed, but also to rehabilitate them. This section of the Criminal Code of Canada is an essential aspect of this rehabilitation process. The transmission of information to the correctional service provides the resources needed to assist the offender in developing the skills necessary to successfully reintegrate into society. On a more critical note, some concerns have been raised that this provision may infringe upon the privacy rights of the offender. However, it is essential to recognize that in cases where the court has found an offender to be a dangerous offender or a long-term offender, public safety takes precedence over privacy considerations in this particular scenario. Additionally, ensuring that the offender is accurately assessed, and treated appropriately, is of paramount importance when seeking to ensure the safety of the community. In conclusion, section 760 of the Criminal Code of Canada is a vital provision that aids the rehabilitation of dangerous offenders and long-term offenders. By ensuring that all relevant information is transmitted to the correctional service of Canada, the risk of recidivism is minimized, and public safety is increased. The provision of this information can also be viewed as an essential aspect of the sentencing process by providing transparency, accountability, and informed decision-making by the authorities.

STRATEGY

Section 760 of the Criminal Code of Canada is a significant provision for the criminal justice system as it deals with offenders who are deemed to be dangerous offenders or long-term offenders. In such cases, the court is required to order that all reports and testimony given by experts, as well as observations of the court, be forwarded to the Correctional Service of Canada for information. This provision raises several strategic considerations for lawyers and legal professionals involved in such cases. This essay will discuss some of these strategic considerations and suggest some strategies that could be employed. One of the primary strategic considerations when dealing with Section 760 is the potential impact of the disclosure of these reports and testimony on the offender's future. Section 760 requires the disclosure of sensitive information obtained from experts during the trial, such as psychiatric and psychological assessments, which may be harmful to the offender's reputation and future prospects. This information could potentially be used against the offender in future court proceedings and could affect their ability to obtain employment, housing, and other opportunities. Therefore, lawyers and legal professionals must consider the long-term implications of disclosing this information and consider the possibility of seeking a publication ban to limit the public dissemination of these reports. Another strategic consideration when dealing with Section 760 is the potential impact of these reports on the offender's treatment and rehabilitation. Long-term offenders are those who have been assessed as likely to reoffend, and dangerous offenders are those who have a high likelihood of causing serious harm to others. The disclosure of these reports to the Correctional Service of Canada could potentially affect the type and level of treatment that the offender receives, and could also limit their chances of rehabilitation and reintegration into society. Therefore, lawyers and legal professionals must consider strategies that balance the need for public safety with the offender's rights to rehabilitation and treatment. One strategy that can be employed when dealing with Section 760 is to seek a negotiated settlement with the Crown before the trial. This approach involves engaging in discussions with the Crown to determine if a plea bargain can be reached that will prevent the offender from being designated as a dangerous or long-term offender. Negotiated settlements can be an effective strategy as they can mitigate the harm caused by the disclosure of sensitive information and can also lead to reduced sentences and improved prospects for rehabilitation. Another strategy that can be employed is to challenge the constitutionality of Section 760. This approach involves challenging the provision on the grounds that it violates the offender's Charter rights to privacy, liberty, and security of the person. A successful challenge could lead to the provision being struck down, and the disclosure of reports and testimony being limited to only those that are strictly necessary for public safety and rehabilitation purposes. In conclusion, Section 760 of the Criminal Code of Canada raises several strategic considerations for lawyers and legal professionals when dealing with dangerous and long-term offenders. The potential impact of the disclosure of sensitive information on the offender's future, treatment, and rehabilitation must be carefully weighed against the need for public safety. Strategies such as negotiated settlements and constitutional challenges can be employed to mitigate the harm caused by the provision and to protect the offender's rights. Ultimately, the goal of the criminal justice system should be to balance the rights of the offender with the need to protect society, while also ensuring that offenders are provided with the necessary support and rehabilitation opportunities to prevent future offending.