Criminal Code of Canada - section 112 - Revocation of Prohibition Order Under s. 111(5)

section 112

INTRODUCTION AND BRIEF DESCRIPTION

A provincial court judge has the power to revoke an order made under subsection 111(5) if the circumstances for which it was made have ceased to exist.

SECTION WORDING

112 A provincial court judge may, on application by the person against whom an order is made under subsection 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

EXPLANATION

Section 112 of the Criminal Code of Canada provides a mechanism for individuals who have been subject to an order under subsection 111(5) to have it revoked if they can demonstrate that the circumstances that necessitated the order no longer exist. Subsection 111(5) gives a court the power to impose certain conditions on an individual who has been charged with an offense to ensure their appearance in court or to protect the public. These conditions can include things like requiring the individual to report to a police station, prohibiting them from leaving a certain geographic area, or requiring them to stay away from certain people or places. In some cases, these conditions may be lifted or modified if the individual can demonstrate that the circumstances that led to their imposition no longer exist. For example, if the individual has been compliant with the conditions for a period of time and no longer poses a risk to the public, a provincial court judge may consider revoking the order. Similarly, if the individual can demonstrate that they no longer require the conditions to ensure their appearance in court, the order may be lifted. Section 112 recognizes that the circumstances surrounding an offense can change over time, and that conditions imposed as a result of those circumstances may no longer be necessary or appropriate. By providing a mechanism for these orders to be revoked, the Criminal Code ensures that individuals are not unfairly burdened by conditions that are no longer needed.

COMMENTARY

Section 112 of the Criminal Code of Canada provides a framework for provincial court judges to revoke an order made under subsection 111(5) if they are satisfied that the circumstances for which it was made have ceased to exist. This section is important for individuals who have been subjected to an order under subsection 111(5) and are looking for a way to have the order revoked. Subsection 111(5) of the Criminal Code of Canada allows a peace officer, without a warrant, to enter and search a dwelling-house to arrest a person who is believed to have breached a condition of a recognizance, probation order or bail. In such cases, the officer can make an order that the person not return to or be found within a certain area for a specified period, usually up to one year. This order can be problematic for individuals who may need to go to that area for work or other reasons. Section 112 provides a mechanism for such individuals to seek relief from the order by applying to a provincial court judge for its revocation. The judge, upon being satisfied that the circumstances for which the order was made have ceased to exist, can revoke the order. This allows the individual to have more freedom and flexibility in terms of where they can go and what they can do. One potential issue with this section is the subjective nature of the requirement that the judge be satisfied that the circumstances for which the order was made have ceased to exist. This could lead to variability in decisions by different judges, or potential bias if judges hold certain beliefs about the individual or the area in question. Additionally, the burden of proof may be difficult for individuals to meet, as they would need to provide evidence that the circumstances have changed. Another issue is the potential lack of awareness of this section among individuals who have been subjected to an order under subsection 111(5). They may not know that there is a mechanism for seeking relief from the order, and therefore may not take advantage of it. There may be a need for increased education and dissemination of information about this section to ensure that individuals are aware of their rights and options. Overall, section 112 is an important provision in the Criminal Code of Canada that provides individuals with a mechanism for seeking relief from orders made under subsection 111(5). However, there are potential issues with the subjective nature of the decision-making process and lack of awareness among affected individuals. These issues should be addressed to ensure that individuals are able to fully exercise their rights under this section.

STRATEGY

Section 112 of the Criminal Code of Canada provides a means for a person against whom an order has been made under subsection 111(5) to seek revocation of the order. Subsection 111(5) empowers a court to make an order prohibiting a person from communicating with or being within a certain distance of another person. This order is typically made as a condition of bail or as part of a probation order. As with any legal procedure, there are strategic considerations to take into account when dealing with Section 112. Here are some strategies that could be employed: 1. Gather evidence When seeking revocation of an order made under subsection 111(5), it is important to gather evidence that demonstrates that the circumstances for which the order was made no longer exist. This evidence could include witness statements, text messages or emails exchanged between the parties, or other relevant documents. 2. Seek legal advice If you are seeking revocation of an order made under subsection 111(5), it is recommended that you seek legal advice from an experienced criminal lawyer. They can advise you on the best strategy to use in your particular case and can represent you in court. 3. File a formal application To seek revocation of an order made under subsection 111(5), you must file a formal application with the court. This application must set out the reasons why you believe the circumstances for which the order was made no longer exist. It is important to ensure that your application is well-drafted and supported by evidence. 4. Consider a negotiated settlement In some cases, it may be possible to negotiate a settlement with the other party that would result in the revocation of the order. This could involve agreeing to certain conditions or restrictions on your behaviour in exchange for the other party agreeing to the revocation of the order. 5. Attend court prepared If you are attending court to seek revocation of an order made under subsection 111(5), it is important to attend court prepared. This means being ready to present your evidence, being respectful to the judge and other court participants, and being aware of the legal arguments that may be made by the other party. 6. Be proactive If circumstances change after the revocation of an order made under subsection 111(5), it may be necessary to seek a new order. It is important to be proactive in seeking legal advice and taking appropriate steps to protect yourself if circumstances change. In conclusion, when dealing with Section 112 of the Criminal Code of Canada, it is important to be strategic in your approach. By gathering evidence, seeking legal advice, filing a formal application, considering a negotiated settlement, attending court prepared, and being proactive, you can increase the likelihood of a favourable outcome.