section 117.012

INTRODUCTION AND BRIEF DESCRIPTION

Provincial court judges can revoke orders made under subsection 117.011(5) if the circumstances for which it was made have ceased to exist.

SECTION WORDING

117.012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

EXPLANATION

Section 117.012 in the Criminal Code of Canada allows an individual who has been subject to an order under subsection 117.011(5) to apply for the order to be revoked. The Provincial Court judge has the power to grant the revocation if they are satisfied that the circumstances for which the order was made have ceased to exist. Subsection 117.011(5) allows a judge to make an order against an individual if they believe that the person's future conduct will likely be a threat to the safety of any person. The order can impose conditions, such as staying away from certain people or places, or refraining from certain activities. The order can last for up to one year, and may be extended for an additional year if necessary. Section 117.012 recognizes that circumstances can change over time and that an individual who was previously deemed a threat to others may no longer pose such a risk. In such cases, the individual can apply to have the order revoked. The Provincial Court judge must carefully consider whether the circumstances have truly changed and whether the individual is no longer a threat to others before granting the revocation. Overall, Section 117.012 provides individuals with a way to challenge orders made under Section 117.011(5) if their circumstances have changed. This helps to ensure that individuals are not unfairly restricted by orders that are no longer necessary. At the same time, the Provincial Court judge must balance the individual's rights against the need to protect the safety and security of others.

COMMENTARY

Section 117.012 of the Criminal Code of Canada provides a mechanism for a person to apply for a revocation of an order made under subsection 117.011(5), if they can demonstrate that the circumstances for which it was made no longer exist. This section of the Criminal Code is an important safeguard for individuals who have been subject to such an order. Subsection 117.011(5) allows a peace officer to make an order to remove a person from a residence or other specified area if they have reasonable grounds to believe that the person is about to commit a domestic violence offence. The order can be made for up to 30 days and is intended to protect potential victims from harm. However, in some cases, these orders may be made in error or based on incomplete information, leading to unnecessary harm and distress for the individual against whom the order is made. The ability to apply for revocation of an order under subsection 117.012 is thus crucial to ensuring that justice is served. Once the order is made, the individual against whom it is made is effectively restricted from their home or other areas for up to 30 days. In some cases, the order may have been unjustified, leading to unnecessary hardship, loss of employment, and even loss of housing. Being able to apply for revocation of the order provides a safety net to prevent this kind of situation from occurring or persisting. The use of such orders in domestic violence cases can be controversial. Critics argue that allowing police officers to make these orders can lead to overreach and abuse of power. They argue that, in some cases, these orders may be made without sufficient evidence or may be based on incorrect assumptions. Some have pointed out that these orders may discriminate against Indigenous people and people with mental health issues since they are more likely to be subject to such orders. However, proponents of the order argue that they provide an essential tool for preventing domestic violence and protecting potential victims. They argue that these orders can help to break the cycle of violence and prevent further abuse. Evidence from other jurisdictions shows that restraining orders like those under this section can be an effective way to reduce domestic violence. Overall, while there are reasonable concerns with the use of orders under subsection 117.011(5), the ability to apply for revocation under subsection 117.012 is a vital mechanism to ensure that those orders are only applied in situations where they are truly necessary and justified. This section of the Criminal Code demonstrates that Canada has a robust justice system that strives to balance the needs of potential victims with the rights and needs of individuals who are subject to such orders.

STRATEGY

Section 117.012 of the Criminal Code of Canada allows for the revocation of an order made under subsection 117.011(5) if the circumstances for which it was made have ceased to exist. This section is an important tool for individuals who have been subject to an order and wish to have it removed. It also provides relief for individuals who were subject to an unnecessary and/or overly burdensome order. When dealing with this section of the Criminal Code, there are several strategic considerations that should be taken into account. These considerations will help individuals to maximize their chances of success in revoking the order and minimizing any potential negative consequences. The first strategic consideration is timing. The application for revocation should be made as soon as possible after the circumstances for which the order was made have ceased to exist. This will give the court an opportunity to consider the application before any further harm is done. It will also demonstrate to the court that the individual is taking the matter seriously and is committed to resolving the issue. Another strategic consideration is evidence. The application for revocation must be supported by evidence that clearly demonstrates that the circumstances for which the order was made have ceased to exist. The evidence should be relevant, reliable, and convincing. It should also be presented in a clear and organized manner. A third strategic consideration is legal representation. It is advisable to seek the advice and assistance of a lawyer when making an application for revocation. A lawyer can help to ensure that all legal requirements are met and that the application is presented in the most effective manner possible. legal representation can also help to anticipate and respond to any objections or challenges from the other party. Another important strategy is to demonstrate the impact of the order on the individual's life. For example, the individual might show how the order has affected their ability to work, travel, or participate in certain activities. The goal is to show the court that the order is not only unnecessary but also causing undue hardship. A final strategy is to address any concerns or objections that the other party might have about the revocation of the order. For example, the other party might argue that the circumstances have not ceased to exist or that the individual is still a potential threat. It is important to anticipate these objections and provide persuasive evidence to counter them. In conclusion, section 117.012 of the Criminal Code of Canada provides an important avenue for individuals to seek the revocation of an order. To maximize the chances of success, individuals should consider the strategic considerations discussed above and employ effective strategies to make their case. With the right approach, individuals can successfully have an order revoked, giving them freedom from unnecessary and burdensome restrictions.