INTRODUCTION AND BRIEF DESCRIPTION
This section specifies that a judge must specify how certain possessions and authorizations held by a defendant shall be surrendered or dealt with if a condition is added to their recognizance.
SECTION WORDING
810.01(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.
EXPLANATION
Section 810.01(5.1) of the Criminal Code of Canada is an important provision that relates to the imposition of conditions on a recognizance. A recognizance is a legal document that requires a person to comply with certain conditions in order to remain at liberty pending a criminal trial or appeal. The purpose of a recognizance is to ensure that a defendant behaves in a way that does not pose a risk to the community. Subsection (5) of section 810.01 outlines the various conditions that a provincial court judge may impose on a recognizance. These conditions include restrictions on the defendant's movements, requirements to avoid certain people or places, and limitations on the defendant's possession of certain items or substances. Subsection (5.1) specifies that if the judge adds a condition pursuant to subsection (5), the judge must specify in the recognizance how the defendant is to comply with that condition. In particular, subsection (5.1) requires the judge to specify how any items or substances that are in the defendant's possession must be surrendered, disposed of, detained, stored, or otherwise dealt with. This is important because if the defendant is not allowed to possess certain items or substances, it may be necessary to take steps to ensure that the defendant is unable to access those items or substances while on recognizance. For example, if a defendant is prohibited from possessing firearms, the judge may require the defendant to surrender any guns that they already own or to avoid contact with anyone who has access to firearms. In addition, subsection (5.1) also requires the judge to specify how any authorizations, licences, or registration certificates that are held by the defendant must be surrendered. This is important in situations where a defendant's possession of certain items or substances is regulated by law. For example, if a defendant is required to hold a permit to possess a particular substance or item, the judge may require the defendant to surrender that permit while on recognizance. Overall, section 810.01(5.1) is an important provision that ensures that any conditions imposed on a recognizance are clear, specific, and enforceable. It helps to ensure that defendants who are on recognizance are able to comply with the conditions imposed on them, while also protecting the safety of the community.
COMMENTARY
Section 810 of the Criminal Code of Canada is an essential tool used by the justice system to prevent crime by imposing conditions or restrictions on individuals who are potentially dangerous. Specifically, this section deals with peace bonds and recognizances, which are legal documents that require individuals to agree to specific terms in exchange for their release from custody. One of the key components of peace bonds and recognizances is that the individual agrees to follow specific conditions proposed by the court. Subsection 810.01(5.1) provides specific instructions about how the court must deal with certain items that may be in the defendant's possession when imposing a condition under subsection (5) of the same section. Subsection (5) outlines several potential conditions that may be imposed on defendants who are subject to a peace bond or recognizance, including surrendering their passport, reporting to a probation officer, and not possessing any weapons. This subsection requires provincial court judges to specify in the document how the defendant's possessions must be handled. For example, if the court imposes a condition that the defendant cannot possess any weapons, then the court must provide instructions for how the defendant's weapons must be surrendered, disposed of, detained, stored or dealt with. The same goes for authorizations, licences and registration certificates that the defendant may be in possession of. Providing these instructions in a peace bond or recognizance document is essential to ensure the defendant understands the terms they are agreeing to and that the court's orders are clear. Without specifying how the defendant's possessions must be dealt with, the court's orders could be misinterpreted or ignored completely, which could potentially lead to further criminal activity, putting the public at risk. By providing clear instructions, it allows the defendant to understand what they must do to comply with the order. This includes any necessary steps to surrender, dispose of, or store these items properly. Furthermore, by including these instructions in the peace bond or recognizance, it is easier for law enforcement to enforce these conditions and protect the public. Overall, subsection 810.01(5.1) is a critical component of section 810 of the Criminal Code of Canada. Its inclusion ensures that the conditions imposed under subsection (5) are clear, specific, and enforceable, which ultimately helps to reduce the risk of further criminal activity.
STRATEGY
Section 810.01(5.1) of the Criminal Code of Canada is an important provision that judges use to impose conditions on an accused person's release while awaiting trial or before the disposition of their case. It is often used to deal with situations where the accused is a potential danger to society or specific individuals. Some strategic considerations when dealing with this section of the Criminal Code of Canada include the following: 1. The seriousness of the situation - This provision should only be used in serious situations where there is a real risk of harm to someone. The judge should be persuaded that the accused is a danger to either a specific individual or society at large to warrant the imposition of such conditions. 2. The impact on the accused - The imposition of these conditions can have significant consequences for the accused, including the loss of their possessions, licenses, and registration certificates. Therefore, the accused's rights must be carefully considered before imposing any conditions. 3. The language of the conditions - The language used in this provision of the Code is very specific, and judges must ensure that the language used in the conditions is clear and unambiguous. This ensures that the accused understands precisely what is expected of them and what consequences may follow if they breach the terms of the release. 4. Ensuring compliance - If the accused fails to comply with any of the conditions imposed, the judge may order that they be arrested and detained until a hearing can be held. Therefore, it is crucial to monitor the accused's compliance with the conditions and ensure that they understand the seriousness of their obligations. Some strategies that could be employed in dealing with this provision of the Criminal Code of Canada include the following: 1. Preparing strong arguments - Advocates should prepare strong arguments that demonstrate why the accused presents a significant risk to either a specific individual or society at large. This is particularly important given the serious consequences of imposing the conditions. 2. Negotiating with the Crown - In some cases, the Crown may be willing to agree to less severe conditions that still manage the accused's risks. Negotiating with the Crown can be an effective way to reduce the impact of this provision without compromising public safety. 3. Building evidence - Evidence is crucial in making a persuasive argument to the judge. Advocates should gather all relevant information that supports their argument and submit it to the court. This may include medical records, criminal histories, victim statements, and other relevant evidence. 4. Ongoing monitoring - Once the conditions are imposed, advocates should ensure that they are carefully monitored to ensure that the accused is complying with them. Regular check-ins with the accused can help identify potential breaches of the conditions early and prevent serious consequences. Overall, Section 810.01(5.1) of the Criminal Code of Canada is a powerful tool for managing the risks presented by accused persons awaiting trial or disposition of their cases. However, it should only be employed in cases where the risks are significant, and procedures should be carefully followed to ensure the rights of the accused are protected. By implementing some of the strategies outlined above, advocates can increase the likelihood of success when dealing with this provision.