section 117.011(3)

INTRODUCTION AND BRIEF DESCRIPTION

A provincial court judge must hear all relevant evidence presented by both the applicant and the person against whom the order is sought in an application made under subsection (1) of section 117.011.

SECTION WORDING

117.011(3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

EXPLANATION

Section 117.011(3) of the Criminal Code of Canada outlines the procedure that is to be followed in the hearing of an application made under subsection (1) of the same section. An application under subsection (1) seeks a peace bond, which is an order that requires an individual to keep the peace and be of good behavior for a set period of time. According to section 117.011(3), the provincial court judge must hear all relevant evidence presented by or on behalf of the applicant, who is the person making the application for the peace bond, as well as the person against whom the order is sought. This ensures that both parties have an opportunity to present their side of the story and provide any relevant information that may be beneficial to the case. The purpose of this section is to ensure that the application is fair and just, by allowing both parties to be heard. It provides an opportunity for the accused to present evidence that may contradict the allegations made by the applicant, and for the judge to make an informed decision based on the evidence presented. Subsection (4) provides some exceptions to this rule, stating that under certain circumstances, such as concerns for the safety of witnesses, the judge may restrict the evidence presented. However, such restrictions must be done in a way that does not compromise the fairness of the hearing. In summary, section 117.011(3) requires the provincial court judge to hear all relevant evidence presented by both parties in the hearing of an application for a peace bond, ensuring that the decision is based on a fair and balanced assessment of the available evidence.

COMMENTARY

Section 117.011(3) of the Criminal Code of Canada is a crucial provision for ensuring fairness and due process in the context of applications for peace bonds. A peace bond is an order that can be issued by a court to require an individual to keep the peace and be of good behaviour for a specified period. This provision mandates that the provincial court judge presiding over the hearing of an application for a peace bond must hear all relevant evidence presented by both the applicant and the individual against whom the order is sought. This provision reflects the fundamental principle of natural justice that both parties must have an opportunity to present their case and respond to the evidence of the other side. The provision ensures that the judge has access to all the relevant information before making a decision on whether to issue a peace bond. This, in turn, provides a basis for a fair and just outcome. The provision also recognizes that the hearing of an application for a peace bond is an adversarial proceeding, where the interests of both parties must be considered. Allowing the individual against whom the order is sought to present evidence is critical in ensuring that their interests are protected and that they are not subject to arbitrary or unfair treatment. Moreover, this provision also highlights the importance of evidence in the judicial process. The quality and relevance of evidence presented can profoundly impact the outcome of a hearing, and therefore, it is essential to assess all evidence presented by both sides. Only by examining all evidence will the judge be able to make an accurate and informed finding on the merits of the case. This provision is particularly important in cases of domestic violence where there is a power imbalance between the parties. It ensures that the accused party is provided with an opportunity to challenge any allegations made against them and to present a defense. It also ensures that the interests of the victim are protected and taken into account in the decision-making process. By hearing all relevant evidence, the judge is more likely to make a just and informed decision that protects both parties and promotes public safety. In conclusion, Section 117.011(3) of the Criminal Code of Canada is a critical provision that helps to safeguard fairness and due process in applications for peace bonds. By requiring judges to hear all relevant evidence presented by both sides, this provision ensures that the interests of both parties are taken into account, and a just and informed decision is made. It is an essential element of the judicial process and reflects Canada's commitment to upholding the rule of law and protecting the rights of all parties in the criminal justice system.

STRATEGY

Section 117.011(3) of the Criminal Code of Canada is a vital part of the legal system in Canada. It outlines the process for obtaining a peace bond against someone who poses a threat to the applicant. A peace bond is an order made by a court that compels an individual to maintain the peace and good behavior. It is also a legal mechanism that can be employed to protect someone from a potential aggressor. In this article, we will explore the strategic considerations and strategies that can be employed when dealing with this section of the Criminal Code of Canada. The first strategic consideration is the potential impact of the peace bond on both the applicant and the respondent. If the peace bond is granted, it can have significant consequences for the respondent, including a criminal record and limitations on their freedom of movement. Therefore, it is essential to weigh the potential benefits against the potential consequences. If the respondent is a close family member or a spouse, the decision to pursue a peace bond may have consequences on the relationship and the wider family dynamic. The second strategic consideration is the evidence that will be presented at the hearing. Section 117.011(3) requires that all relevant evidence be presented to the court. Therefore, it is crucial to gather as much evidence as possible to support the application. Evidence can include police reports, witness statements, and any other documentation that strengthens the case. In addition, the applicant should be prepared to present their case in a clear and concise manner and be prepared to answer any questions from the court. The third strategic consideration is the role of legal counsel in the process. It is highly recommended that both the applicant and the respondent obtain legal counsel to assist them in the process. Legal counsel can provide advice on the evidence to gather and can assist in presenting the evidence at the hearing. They can also provide guidance on the likely outcomes of the process, including whether or not the application is likely to be successful. In terms of strategies that can be employed, the first strategy is to gather as much evidence as possible to support the application. This includes obtaining police reports, medical reports, witness statements, and any other documentation that supports the case. The more evidence that is presented, the stronger the case. The second strategy is to present the evidence in a clear and concise manner. The court will listen to all the evidence presented and will make a decision based on the evidence. Therefore, it is essential to present the evidence in a logical and easy-to-understand way. In addition, the applicant should be prepared to answer any questions from the court. The third strategy is to work closely with legal counsel. Legal counsel can provide valuable guidance throughout the process, from gathering evidence to presenting the case at the hearing. They can also provide advice on the likely outcomes of the process, which can assist the applicant in making an informed decision about whether or not to pursue the peace bond. In conclusion, section 117.011(3) of the Criminal Code of Canada is a vital part of the legal system that provides a mechanism for individuals to obtain peace bonds when they feel threatened. It is essential to carefully consider the potential impact of the peace bond on both the applicant and the respondent and to gather as much evidence as possible to support the case. Working closely with legal counsel is also highly recommended, as they can provide valuable guidance and assistance throughout the process. By employing these strategies, individuals can increase the likelihood of success in obtaining a peace bond and protecting themselves from potential harm.