section 810.01(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies subsections 810(4) and (5) to recognizances made under this section with any necessary modifications.

SECTION WORDING

810.01(7) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.

EXPLANATION

Section 810.01(7) of the Criminal Code of Canada deals with recognizances made under Section 810.01 of the Criminal Code for the purpose of preventing a potential breach of peace or a criminal offence. The core application of this section is to provide flexibility in the use of recognizances made under Section 810.01 by allowing certain modifications, as the circumstances require. Subsections 810(4) and (5) of the Criminal Code are the two subsections that are referred to in Section 810.01(7), and these apply to two different types of individuals. Subsection 810(4) applies to individuals who agree to enter into a recognizance, and who subsequently violate that recognizance. In contrast, Subsection 810(5) applies to individuals who have been discharged following an acquittal or after being found not criminally responsible by reason of mental disorder. In both cases, the purpose of the recognizance is to ensure that the individual maintains good behavior. The modifications referred to in Section 810.01(7) allow for necessary adjustments to be made to the recognizances when a warrant has been issued for an accused person's arrest, when a victim becomes a party to the proceedings, or when other aspects of the circumstances require specific modifications. These modifications can be significant, and they are designed to enable the court to tailor the conditions of the recognizance to best suit the individual who is the subject of the order. Overall, Section 810.01(7) is an important provision that provides courts with the necessary flexibility to issue effective recognizances based on the specific circumstances of each case. By allowing modifications to be made as necessary, the Criminal Code of Canada is able to ensure that individuals who pose a risk of committing a criminal offence or breaching the peace can be managed appropriately and effectively.

COMMENTARY

Section 810.01(7) of the Criminal Code of Canada is a vital provision that ensures that recognizances made under this section are subject to the same rules as those made under sections 810(4) and (5). Recognizances are legally binding agreements that a person enters with the court, pledging to abide by certain conditions. This section of the Criminal Code of Canada applies to recognizances made under Section 810.01, which pertains to peace bonds. A peace bond is a legal document that a person can seek against another individual whom they believe may cause harm to them or others. In order to obtain a peace bond, the person must establish that there is a reasonable fear of harm or danger before the court. If the court agrees, it may issue a peace bond that requires the individual named in the bond to abide by certain conditions, such as staying away from the complainant, refraining from any criminal activity, and more. These conditions are legally binding, and breaching any of them can result in a breach of recognizance charge. Section 810.01(7) of the Criminal Code of Canada makes it clear that the same rules apply to peace bonds as to any other type of recognizance. Subsections 810(4) and (5) outline the conditions that a person must abide by when they are bound by a recognizance. Section 810(4) sets out the general conditions and allows for certain modifications to be made based on the circumstances of the case. Section 810(5) then outlines the specific conditions that may be imposed on a person with a peace bond. By including this provision in the Criminal Code of Canada, the government is sending a message that peace bonds are serious legal documents that should be treated with utmost importance. This provision ensures that the same consequences apply to peace bonds as to any other type of recognizance. It also allows for the necessary modifications to be made based on the specific circumstances of each case. In some cases, a peace bond may be the only way to ensure a person's safety. For example, a person may seek a peace bond against an abusive partner to protect themselves from further harm. The court may impose conditions such as not contacting the complainant, not possessing any firearms, and attending counselling. By doing so, the court can ensure that the individual named in the peace bond will not pose any threat to the complainant. In conclusion, Section 810.01(7) of the Criminal Code of Canada is a critical provision that ensures the proper enforcement of peace bonds. It sends a message that peace bonds are legally binding documents that should be treated with utmost importance. This provision ensures that the same consequences apply to peace bonds, and allows for the necessary modifications to be made based on the specific circumstances of each case. By doing so, the court can ensure that the person named in the peace bond abides by the conditions, and the complainant's safety is not compromised.

STRATEGY

Section 810.01(7) of the Criminal Code of Canada deals with recognizances made under this section and provides for the application of Subsections 810(4) and (5) to such recognizances. These Subsections provide for peace bond applications, which are essentially court orders binding individuals from engaging in certain activities. This provision is a preventive measure that can be used in cases where there is a reasonable fear that an individual may commit a serious violent crime or may terrorize the community. When dealing with Section 810.01(7), a number of strategic considerations should be taken into account. One strategy that could be employed is to assess the seriousness of the alleged offence. If the allegations are serious, it may be necessary to take stronger measures than those provided under Section 810.01(7). In such cases, it may be appropriate to consider the possibility of charging the individual concerned with a criminal offence, or seeking a more restrictive court order. Another strategy that could be employed when dealing with Section 810.01(7) is to evaluate the weight of the evidence against the individual. In cases where there is weak evidence, it may be difficult to satisfy the court of the need for a peace bond. In such cases, it may be advisable to gather more evidence or wait until the evidence is stronger before making an application. A third strategy that could be employed when dealing with Section 810.01(7) is to assess the potential consequences of the proposed peace bond on the individual concerned. If the peace bond would have a significant impact on the individual's life, it may be necessary to consider the possibility of alternatives, such as counselling or other forms of support. A fourth strategy that could be employed when dealing with Section 810.01(7) is to consider the potential impact of the peace bond on the community. If the individual is a community leader or a person of influence, the imposition of a peace bond may have a significant impact on the community. In such cases, it may be necessary to consider the possibility of engaging the community or other stakeholders in the process. In conclusion, Section 810.01(7) of the Criminal Code of Canada is an important provision that provides for the application of Subsections 810(4) and (5) to recognizances made under this section. The use of peace bonds can be an effective preventive measure in cases where there is a reasonable fear that an individual may commit a serious violent crime or may terrorize the community. When dealing with this provision, it is important to consider a number of strategic considerations, including the seriousness of the alleged offence, the weight of the evidence against the individual, the potential consequences of the peace bond on the individual, and the potential impact of the peace bond on the community.