Criminal Code of Canada - section 810.2(4.1) - Conditions in recognizance

section 810.2(4.1)

INTRODUCTION AND BRIEF DESCRIPTION

The provincial court judge may impose conditions on a defendants recognizance, including participation in treatment programs, electronic monitoring, geographic restrictions, curfews, and abstaining from drugs and alcohol.

SECTION WORDING

810.2(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant (a) to participate in a treatment program; (b) to wear an electronic monitoring device, if the Attorney General makes the request; (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; (d) to return to and remain at his or her place of residence at specified times; or (e) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

EXPLANATION

Section 810.2(4.1) of the Criminal Code of Canada is an important provision that empowers provincial court judges to add reasonable conditions to an accused person's recognizance to ensure their good conduct while they are awaiting trial. This section recognizes the importance of safeguarding the community from potential harm that may be caused by an accused person while out on bail. The conditions that a provincial court judge may add to a recognizance under this provision are designed to address specific risks posed by an accused person. For example, if there is evidence to suggest that an accused person's substance abuse may lead them to engage in criminal activity, the judge may require them to participate in a treatment program and abstain from consuming drugs or alcohol. If an accused person is considered a flight risk, the judge may require them to wear an electronic monitoring device, remain within a specified geographic area, or return to their place of residence at specified times. The purpose of adding these conditions is not to punish the accused person, but to ensure that they do not commit any further offenses while awaiting trial and that they comply with the terms of their bail. These conditions are reasonable and necessary, and their imposition goes a long way towards promoting public safety and confidence in the criminal justice system. In summary, section 810.2(4.1) of the Criminal Code of Canada is a valuable provision that enables judges to impose reasonable conditions on an accused person's bail, thus helping to prevent further harm to individuals and the community at large.

COMMENTARY

Section 810.2(4.1) of the Criminal Code of Canada allows provincial court judges to add reasonable conditions to the recognizance of a defendant in order to secure good conduct. The conditions may include requiring the defendant to participate in a treatment program, wear an electronic monitoring device, remain within a specified geographic area, return and remain at their place of residence at specified times, or abstain from the consumption of drugs, alcohol, or any other intoxicating substance except in accordance with a medical prescription. This provision is intended to promote public safety and protect victims from harm by imposing reasonable restrictions on defendants who have been charged with or convicted of criminal offenses. By requiring defendants to participate in treatment programs or wear electronic monitoring devices, for example, the court can ensure that they are taking steps to address the underlying issues that may have contributed to their criminal behavior. By requiring defendants to remain at their place of residence at specified times or to abstain from certain substances, the court can help prevent them from engaging in further criminal activity. However, it is important to note that the conditions imposed by the court must be reasonable and necessary to achieve the goals of promoting public safety and protecting victims. The court should consider the individual circumstances of each case and avoid imposing conditions that are overly burdensome or restrictive. For example, if a defendant's job requires them to travel outside of the specified geographic area, the court should take that into account when deciding whether to impose such a condition. Additionally, it is important to ensure that the conditions imposed by the court do not violate the defendant's Charter rights. The Charter guarantees certain fundamental rights, including the right to liberty and security of the person, the right to a fair trial, and the right to not be subjected to cruel and unusual punishment. Any conditions that violate these rights would be unconstitutional and should not be imposed. In conclusion, Section 810.2(4.1) of the Criminal Code of Canada allows provincial court judges to add reasonable conditions to the recognizance of defendants in order to promote public safety and protect victims. However, the conditions imposed must be reasonable and necessary, taking into account the individual circumstances of each case, and must not violate the defendant's Charter rights.

STRATEGY

Section 810.2(4.1) of the Criminal Code of Canada is a powerful tool that can be used to enforce good conduct by any defendant. As such, it is essential to consider the various strategic considerations when dealing with this section of the Criminal Code. Here are some of the strategic considerations and strategies that can be employed in such cases: 1. Effectiveness of the Conditions: One of the most significant strategic considerations in this situation is whether the conditions set by the judge will be effective in ensuring the good conduct of the defendant. This involves evaluating the defendant's behavior, their history and previous offenses, and their ability to comply with the conditions. In some instances, mandatory conditions may not be enough to secure good conduct. The defendant may require additional conditions such as community service or counseling. 2. Collaboration with the Attorney General: As noted in sub-section (b) of the section, the Attorney General can request an electronic monitoring device for the defendant. Collaboration with the Attorney General can be an effective and strategic approach when dealing with this section. Working with the Attorney General can ensure that the conditions set by the Judge are enforceable and in line with the defendant's situation. 3. Compliance Monitoring: Compliance monitoring is crucial because it provides an opportunity to detect non-compliance by the defendant. The use of electronic monitoring devices is an example of a monitoring system that can be employed to keep track of the defendant's movements. Additionally, regular check-ins with the defendant can be arranged. 4. Personal Safety: When using Section 810.2(4.1), it is important to consider the defendant's personal safety. Conditions such as remaining within a specified geographic area or returning to their place of residence may not be feasible or safe, depending on the circumstances. In such cases, other arrangements such as providing a safe place for the defendant may be necessary. 5. Emphasis on Rehabilitation: Section 810.2(4.1) is an opportunity to ensure the defendant is rehabilitated. In addition to mandatory conditions, other programs, such as drug treatment programs or anger management sessions, can be included. Rehabilitation can play a significant role in ensuring good conduct and preventing future offenses. Conclusion In conclusion, Section 810.2(4.1) of the Criminal Code of Canada is an effective tool that can be used to ensure good conduct by any defendant. When utilizing this tool, strategic considerations such as the effectiveness of the conditions, collaboration with the Attorney General, compliance monitoring, personal safety, and emphasis on rehabilitation should be considered. Employing these strategies can increase the likelihood of the defendant adhering to the conditions set and preventing future offenses.