Criminal Code of Canada - section 110(5) - Application of ss. 113 to 117

section 110(5)

INTRODUCTION AND BRIEF DESCRIPTION

Sections 113 to 117 apply to every order made under subsection (1) of section 110 of the Criminal Code of Canada.

SECTION WORDING

110(5) Sections 113 to 117 apply in respect of every order made under subsection (1).

EXPLANATION

Section 110(5) of the Criminal Code of Canada is a provision that relates to orders issued under subsection (1) of section 110 of the Code. According to subsection (1), the court may, on application by the Attorney General, make an order declaring a group or association to be a criminal organization if it is satisfied beyond reasonable doubt that the group or association has as one of its main purposes the facilitation or commission of one or more serious offences. The purpose of section 110(5) is to ensure that sections 113 to 117 of the Criminal Code apply to every order made under subsection (1). These sections deal with various aspects of criminal organization offences, such as participation in a criminal organization, instructing the commission of an offence for the benefit of a criminal organization, and recruitment of members for a criminal organization. Therefore, when an order is made under subsection (1) of section 110, the individuals associated with the group or organization become subject to the provisions of sections 113 to 117 of the Criminal Code. This means that they can be charged with various offences related to participation in a criminal organization, even if they have not directly committed a serious offence. Section 110(5) is important in the context of the Criminal Code of Canada because it allows law enforcement authorities to take a proactive approach towards preventing criminal organization activities. By being able to target the group or association itself, rather than just individual members, the authorities can disrupt the operations of criminal organizations and prevent them from committing serious offences.

COMMENTARY

The Criminal Code of Canada aims to protect individuals from various forms of abuse and violence, including domestic violence. Section 110(5) of the Code plays a crucial role in implementing this protection by providing for the application of the provisions in sections 113 to 117 in respect of all orders made under subsection (1). Section 110 of the Code deals with the issuance of peace bonds or recognizances in cases of certain offences, including domestic violence. Subsection (1) of section 110 empowers a court to make an order requiring an individual to enter into a recognizance or a peace bond where the court is satisfied that there are reasonable grounds to believe that an individual may cause injury or harm to any person or commit a criminal offence. In such cases, the court may impose conditions such as requiring the individual to refrain from specific actions, stay away from certain individuals or places, and surrender firearms. Subsection (5) of section 110 plays a crucial role in ensuring that the orders made under subsection (1) are enforced and that the safety of the individuals concerned is protected. This provision states that sections 113 to 117 apply in respect of every order made under subsection (1). The sections referred to relate to the enforcement of orders and provide for various mechanisms, including arrest warrants, search warrants, and detention orders, to ensure that the conditions of the order are adhered to. Specifically, section 113 deals with the arrest of a person who breaches a recognizance or peace bond. It permits a peace officer to arrest without warrant an individual who is in breach of their recognizance or peace bond. Similarly, section 114 authorizes a peace officer to enter and search any premises where the officer has reasonable grounds to believe that a person is in breach of their order. Section 115 of the Code provides for the detention of an individual where there are reasonable grounds to believe that the person is in breach of their order and that detention is necessary to protect the safety of anyone. In such cases, a justice of the peace may issue a warrant authorizing the detention of the individual. Finally, sections 116 and 117 of the Criminal Code provide for the consequences of a breach of a recognizance or peace bond. Section 116 sets out the offence of breaching a recognizance or peace bond, while section 117 provides for the penalty upon conviction of such an offence. Taken together, sections 110(5) and 113 to 117 of the Criminal Code are essential components of the legal framework for protecting individuals from harm and violence. By providing for the enforcement of orders made under subsection (1) of section 110, these provisions ensure that the conditions of such orders are respected, and the safety of the individuals concerned is protected. Enforcement must be rigorously pursued to deter further violence and protect potential future victims. Domestic violence is a serious problem, and the measures provided by the Criminal Code provide significant tools to protect victims and hold abusers accountable for their actions. It is essential that law enforcement agencies and the justice system use these tools in a way that is effective and safe for all concerned.

STRATEGY

Section 110(5) of the Criminal Code of Canada is a crucial aspect of criminal law. It states that Sections 113 to 117 apply to every order made under subsection (1). This means that the court is bound to apply these sections to every order made regarding restraining or prohibiting communication. These sections deal with two types of orders: restraining orders and publication bans. When dealing with Section 110(5) of the Criminal Code of Canada, several strategic considerations must be taken into account. These include the type of order, the evidence required, and the consequences of non-compliance. Firstly, the type of order must be determined. A restraining order is an order that prohibits a person from contacting or communicating with another person. On the other hand, a publication ban is an order that prohibits the publication of certain information that could prejudice a trial. These orders can be crucial to protect the public or the victim of a crime. Therefore, it is important to consider the necessity of the order. Secondly, the evidence required for obtaining an order must be considered. In most cases, the court requires sufficient evidence to justify an order. This evidence can come in many forms, such as affidavits, police reports and reports from other professionals. The evidence presented must demonstrate that an order is necessary for the safety of the victim, the public or to avoid prejudice to the trial. Therefore, it is important to ensure that all evidence required is obtained before presenting a case to the court. Thirdly, the consequences of non-compliance with an order should be taken into consideration. Breaching a restraining order or publication ban is a criminal offence and can lead to imprisonment. Therefore, it is important to ensure that the individual understands the consequences of not adhering to the order. In dealing with Section 110(5) of the Criminal Code of Canada, several strategies can be employed. These include seeking legal counsel, presenting a strong case, and adhering strictly to the order. Firstly, seeking legal counsel is crucial in ensuring that all aspects of the case are adequately addressed. Legal counsel can provide advice on the strength of evidence, the necessity of the order and the consequences of non-compliance. This will give the individual a complete understanding of the case, the order and any potential issues that may arise. Secondly, presenting a strong case is essential in obtaining an order. This can be achieved by gathering all the necessary evidence and presenting it in a clear and concise manner. A strong case will demonstrate to the court that the order is necessary and will provide the victim or the public with the necessary protection. Thirdly, adhering strictly to the order is vital in avoiding any potential consequences. This includes avoiding contact with the victim or publishing any information under a publication ban. Adhering to the order demonstrates to the court and the public that the individual takes the order seriously and acknowledges the potential consequences of non-compliance. In conclusion, Section 110(5) of the Criminal Code of Canada is critical in providing necessary protection to the public, victims and preserving the integrity of a trial. When dealing with this section, it is crucial to consider the type of order, the evidence required and the consequences of non-compliance. By employing these strategies, individuals can ensure a successful outcome while providing necessary protection to those at risk.