INTRODUCTION AND BRIEF DESCRIPTION
A provincial court judge can modify the conditions set in a recognizance upon request from the informant, the Attorney General or the defendant.
SECTION WORDING
810.2(7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
EXPLANATION
Section 810.2(7) of the Criminal Code of Canada provides the authority for a provincial court judge to modify the conditions of a recognizance. A recognizance is a legally binding promise made by an individual that they will follow certain conditions in order to avoid prosecution for a criminal offense. These conditions may include regularly reporting to the authorities, staying away from particular places or people, or refraining from specific actions. The section allows individuals who have entered into a recognizance to apply for a modification of the conditions under certain circumstances. These may include changes to their personal circumstances, such as changes in employment or living arrangements, that make it difficult or impossible to comply with the conditions originally set. Alternatively, a defendant may make an application to alter or remove a condition that they feel is particularly onerous or unjust. Furthermore, the Attorney General can also apply to vary the conditions of a recognizance where new information has become available that necessitates a change in the conditions. This can include situations where law enforcement agencies have new information about the individual's risk of re-offending or involvement in criminal activity. In summary, section 810.2(7) of the Criminal Code of Canada provides a mechanism for individuals to apply to modify the conditions of their recognizance agreements in cases where changes in personal circumstances or new information require a change in the conditions. This ensures that the conditions imposed remain fair and reasonable while also serving the public interest in preventing crimes from occurring.
COMMENTARY
Section 810.2(7) of the Criminal Code of Canada is an important provision that allows the provincial court judge to vary the conditions of a recognizance. This section is based on the principle of flexibility, which is an essential aspect of the criminal justice system. The provincial court judge may vary the conditions of the recognizance at the request of the informant, the Attorney General, or the defendant. The recognizance is a legal agreement between the accused and the court, which requires the accused to undertake certain conditions. These conditions could include providing a financial deposit, reporting regularly to the police, or residing at a specific location. The recognizance is used to ensure that the accused complies with the conditions while the case is pending. Failure to comply with the conditions of the recognizance could result in further legal consequences, such as arrest and detention. The purpose of allowing the provincial court judge to vary the conditions of the recognizance is to adapt the conditions to the changing circumstances of the accused. This provision recognizes that the initial conditions may no longer be appropriate or sufficient, and may need to be modified to reflect the current situation. For example, if the accused is no longer able to afford the financial deposit, the court may vary the conditions to reduce or eliminate the deposit. Similarly, if the accused needs to travel for work or personal reasons, the court may vary the conditions to allow for travel. The request to vary the conditions of the recognizance may come from different parties involved in the case. The informant, who is the person reporting the alleged offence to the police, may request a variation if they believe that the accused is not complying with the existing conditions, or if they have new information that justifies a change. The Attorney General, who represents the government in criminal cases, may request a variation if they believe that the accused poses a risk to public safety or a flight risk. The defendant may request a variation if they believe that the existing conditions are too burdensome or unfairly restrict their liberty. Overall, section 810.2(7) of the Criminal Code of Canada is a useful provision that promotes fairness and flexibility in the criminal justice system. It allows for the conditions of the recognizance to be modified to reflect the changing circumstances of the accused, while ensuring that public safety is not compromised. This provision also recognizes the importance of collaboration among the parties involved in the case, and their ability to request changes to the recognizance. It is important to note that any variation to the conditions of the recognizance must be approved by the court, and the accused must continue to comply with the new conditions upon approval.
STRATEGY
Section 810.2(7) of the Criminal Code of Canada provides for conditions to be fixed in a recognizance where a person is accused of a serious personal injury offense, such as sexual assault or domestic violence. The accused person is required to comply with these conditions to ensure the safety of the public, the alleged victim, and themselves. However, under this section of the Criminal Code of Canada, it is possible for the conditions to be varied upon application of the informant, Attorney General, or defendant. This provision is important in ensuring that the parties involved in the matter can seek modifications to the terms of the recognizance when appropriate. Strategic Considerations: When dealing with Section 810.2(7) of the Criminal Code of Canada, several strategic considerations come into play. These strategic considerations include the following: 1. Consult with a Lawyer: Legal counsel is important when considering an application to vary the conditions of a recognizance. A lawyer can provide legal advice and guidance on the merits of the application, the right procedure to follow, and any potential risks or consequences. 2. Gather Evidence: It is essential to gather all relevant evidence to support the application to vary the conditions of the recognizance. Evidence could include medical reports, witness statements, or even a sworn affidavit. 3. Timing of the Application: The timing of the application is crucial. It should be made promptly, and when there is enough evidence to support the application. If the application is made too early, it may be difficult to convince the court that there is a need for variation. 4. Court Order: Before varying the conditions, it is important to seek a court order. A court order is a formal document, and it must state the specific changes being sought. 5. Safety Considerations: Any variation of the original conditions should be considered with a view to the safety of the public, victim, and the accused. If the court considers that a change could jeopardize public safety, it may reject the application. Strategies that could be employed: Here are some strategies that could be employed when applying for variations of a recognizance: 1. Use an Intermediary: An intermediary may be helpful in facilitating communication between the parties. An intermediary could be a social worker, counselor, or community leader. 2. Seek a Mutual Agreement: The parties may consider trying to reach a mutual agreement regarding the variations sought. This could help to avoid disputes and speed up the process. 3. Application for Review: In the event of disagreement between the parties, it may be necessary to apply for a review of the recognizance by a higher court. 4. Evidence: It is important to provide sufficient evidence to the court to justify the variations sought. 5. Creative Solutions: Sometimes, a creative solution could be deployed to address the parties' concerns. For instance, additional security measures could be installed, or the accused could be required to attend counseling. In conclusion, Section 810.2(7) of the Criminal Code of Canada is a useful provision for parties involved in a matter where a recognizance has been imposed under Section 810.2. This provision allows the parties to seek variations to the terms of the recognizance to address evolving circumstances. When dealing with this provision, it is important to consider the strategic considerations and employ appropriate strategies to ensure that the support sought is successful.