Criminal Code of Canada - section 117.011(2) - Date for Hearing and Notice

section 117.011(2)

INTRODUCTION AND BRIEF DESCRIPTION

A provincial court judge must set a hearing date and direct notice to be given to the person against whom an order is sought for an application made under subsection (1) of section 117.011.

SECTION WORDING

117.011(2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

EXPLANATION

Section 117.011(2) of the Criminal Code of Canada outlines the procedure to be followed when an application is made for a peace bond. A peace bond is a court order that requires a person to keep the peace and be of good behaviour for a specified period of time. It is often used in cases where there is fear that a person may commit a criminal offence, but where there is not enough evidence to lay formal charges. When a person wishes to obtain a peace bond, they must make an application to a provincial court judge. The judge will then set a date for the hearing of the application and direct that notice of the hearing be given to the person against whom the order is sought. This notice must be given in a manner specified by the judge, which may include serving the person with a copy of the application or mailing the notice to their last known address. The hearing of a peace bond application is typically a brief proceeding that involves the judge hearing evidence from the applicant as to why the order should be granted. The person against whom the order is sought may also have an opportunity to present evidence or make submissions to the court. If the judge is satisfied that there are reasonable grounds to fear that the person will commit a criminal offence, they may order the person to enter into the peace bond. A peace bond is a valuable tool in preventing potential criminal behaviour and ensuring public safety. Section 117.011(2) of the Criminal Code of Canada sets out clear guidelines for the application process, enabling the courts to efficiently and effectively deal with peace bond requests.

COMMENTARY

Section 117.011(2) of the Criminal Code of Canada deals with the procedure for obtaining an order to prohibit someone from possessing firearms. This provision outlines the steps that must be taken by the applicant and the provincial court judge in order to schedule a hearing and serve notice on the affected person. The purpose of this provision is to ensure that proper notice is given to the person against whom the order is sought and that they have an opportunity to be heard on the matter. This is important because an order prohibiting someone from possessing firearms can have serious consequences and may impact their livelihood, hobbies, and self-defense. Under subsection (1) of section 117.011, a person may apply to a provincial court judge for an order prohibiting another person from possessing firearms if they have reasonable grounds to believe that the person poses a threat to themselves or others. The application must be in writing and provide details of the specific threat that the person poses. On receipt of the application, the provincial court judge must fix a date for the hearing of the application. This ensures that the matter is dealt with expeditiously and that the affected person is not left in limbo. The provincial court judge also has discretion to specify the manner in which notice must be given to the affected person. This may include personal service, mail, or email. The requirement to serve notice is an important aspect of procedural fairness. It ensures that the affected person is aware of the application and has an opportunity to be heard. This is consistent with the principles of natural justice, which dictate that everyone has the right to a fair hearing. Moreover, the provision requires that the provincial court judge directs the notice to be served in such a manner as they may specify. This is a flexible approach that takes into account the particular circumstances of the case. For example, if the affected person is known to be evasive or difficult to locate, the provincial court judge may order that notice be given by multiple methods. Overall, section 117.011(2) of the Criminal Code of Canada strikes a balance between protecting public safety and preserving procedural fairness. It ensures that an order prohibiting someone from possessing firearms is only made after proper notice and a hearing. This promotes the rule of law and protects the rights of all parties involved.

STRATEGY

Section 117.011(2) of the Criminal Code of Canada deals with the application process for obtaining a peace bond against an individual. A peace bond is a court order that requires a person to keep the peace and be of good behavior for a specified period of time. It is often sought by individuals who have a fear of violence or harassment from another person. In order to obtain a peace bond, an application must be made to a provincial court judge. There are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code. The first strategic consideration is timing. It is important to apply for a peace bond as soon as possible if there is a fear of violence or harassment. Delaying the application can increase the risk of harm to the victim and may make it more difficult to obtain the peace bond. Additionally, the court will take into account any delay in making the application when deciding whether to grant the order. The second strategic consideration is evidence. The victim seeking the peace bond must provide evidence to support their application. This evidence may include eyewitness accounts, police reports, and medical records. It is important to gather as much evidence as possible to strengthen the case for the peace bond. The third strategic consideration is the hearing. The provincial court judge will fix a date for the hearing of the application and direct that notice of the hearing be given to the person against whom the order is sought. It is important to be prepared for the hearing and to present a strong case. This may involve hiring a lawyer and bringing witnesses to testify. The fourth strategic consideration is compliance. Once a peace bond is granted, the person against whom the order is sought must comply with the terms of the order or face criminal charges. It is important to understand the terms of the peace bond and to ensure that they are followed. In terms of strategies that could be employed when dealing with this section of the Criminal Code, one strategy is to seek a peace bond as soon as possible. Another strategy is to gather as much evidence as possible to support the application. It may also be helpful to seek the advice of a lawyer and to bring witnesses to the hearing. Additionally, understanding the terms of the peace bond and complying with them can help to ensure the safety of the victim.