INTRODUCTION AND BRIEF DESCRIPTION
Subsections 810(4) and (5) apply to recognizances made under this section with necessary modifications.
SECTION WORDING
810.2(8) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.
EXPLANATION
Section 810 of the Criminal Code of Canada deals with the issuance of peace bonds, also known as recognizance orders. These orders are used to prevent potential harm or fear of harm to an individual or group by imposing certain conditions on the person who is deemed a potential threat. Section 810.2(8) of the Criminal Code refers to the provisions related to the issuance of peace bonds and applies the modifications required in recognizing and filing these peace bonds under this section. The subsection 810.2(8) further outlines the applicability of subsections 810(4) and (5) to the peace bonds issued under this section of the code. These subsections of the Criminal Code outline the terms and conditions that a person must follow after the issuance of a peace bond. These include conditions such as prohibition from possessing weapons, attending certain places, or communicating with certain individuals. The modifications mentioned in this section refer to the changes that may need to be made to recognize and file a peace bond under section 810.2. These modifications could mean changes in the language used, methods of serving the documents, or any other requirement that may apply to a peace bond under this section. In conclusion, Section 810.2(8) of the Criminal Code of Canada is a straightforward provision that applies the provisions of subsections 810(4) and (5) as necessary to the recognition and filing of a peace bond under this section. These modifications ensure that the peace bonds issued under section 810.2 are correctly applied and enforced to prevent harm or fear of harm to an individual or group.
COMMENTARY
Section 810.2(8) of the Criminal Code of Canada is part of the legislation pertaining to recognizances. Recognizances are essentially court orders that require an individual to abide by specified conditions or restrictions. The purpose of recognizances is to protect the public from potential danger or harm that may occur from an individual's behavior. In particular, section 810.2(8) is referring to modifications to recognizances that are made under this section. This is important because section 810.2 specifically deals with recognizances in situations where there is a fear of potential harm caused by a specific individual. Specifically, section 810.2 states that if a person fears on reasonable grounds that another person will cause personal injury to them or their property, they may apply to a justice for an order to require the other person to enter into a recognizance. While there are certain differences between the recognizances made under section 810.2 and recognizances made under other sections, subsections 810(4) and (5) apply with modifications as necessary. Section 810 deals with general recognizances and specifies certain conditions that may be imposed, including not communicating with certain persons or not attending certain locations. Recognizances issued under section 810.2 may have specific conditions unique to the situation, such as not entering certain geographical areas or not possessing certain types of weapons. The purpose of section 810.2(8) is to ensure that the modifications made to recognizances issued under section 810.2 are consistent with the goals of the existing legislation. This means that the same considerations must be taken into account when modifying a recognizance issued under section 810.2 as would apply to recognizances made under other sections. The modifications made to recognizances will depend on the specific circumstances of the case. In practice, section 810.2(8) ensures that the safety of the public is the primary concern in cases where individuals are considered a potential threat to others. A recognizance may be issued as a preventative measure to ensure that the person in question abides by certain conditions. This can include restrictions on communicating with specific individuals or staying away from certain areas. The modifications made to the recognizance will depend on the circumstances of the case, as well as the expiration of the period for which the recognizance was valid. Overall, section 810.2(8) is an important piece of legislation that ensures that modifications made to recognizances under section 810.2 are consistent with the broader goals of the criminal justice system. Recognizances issued under this section are intended to protect the public and prevent harm from dangerous individuals. By ensuring that the modifications made to these recognizances are in line with other sections of the Criminal Code, section 810.2(8) helps to ensure that the justice system is effective in protecting the public from harm.
STRATEGY
Section 810.2(8) of the Criminal Code of Canada is a provision that sets out the application of certain subsections of the Code to a particular type of recognizance. Specifically, subsections 810(4) and (5) are made applicable to recognizances made under section 810.2 of the Code, subject to any necessary modifications. Recognizances under section 810.2 are used in situations where it is suspected that a person may commit a serious offence, such as a sexual offence or an act of terrorism. The recognizance requires the person to abide by certain conditions, such as staying away from certain people or places, or requiring them to undergo counselling or treatment. When dealing with section 810.2(8), there are several strategic considerations that may be relevant. Firstly, when considering whether to seek a recognizance under section 810.2, prosecutors will need to assess the strength of their case and the likelihood of securing a conviction at trial. This will help determine whether it is appropriate to seek a recognizance, and if so, what conditions should be included. Secondly, prosecutors will need to consider the potential impact on the accused person and their family. A recognizance can be a significant imposition, and could have serious consequences for the accused person's personal and professional life. Prosecutors should be mindful of these considerations when seeking a recognizance, and should seek to minimize any unnecessary harm. Thirdly, when seeking a recognizance under section 810.2, prosecutors will need to carefully consider what conditions are necessary to ensure public safety and prevent the commission of a serious offence. This may include conditions such as curfews, restrictions on internet access, or requirements to report to a police station on a regular basis. In terms of strategies that could be employed when dealing with section 810.2(8), there are a few options available. Firstly, prosecutors could seek to modify the conditions of a recognizance that has already been granted, in order to address any new concerns or developments in the case. Secondly, prosecutors could seek to negotiate a plea agreement with the accused person, whereby they agree to abide by certain conditions in exchange for a reduced sentence or other benefits. This could be a useful strategy in cases where the evidence against the accused is not strong enough to secure a conviction at trial. Finally, prosecutors could seek to appeal a decision by a judge to grant or deny a recognizance under section 810.2, if they believe that the decision was incorrect or based on flawed reasoning. Overall, the use of recognizances under section 810.2 of the Criminal Code of Canada requires careful consideration of the circumstances of each case, and a keen awareness of the potential impact on the accused person and the public at large. By taking a strategic and thoughtful approach, prosecutors can help ensure that these powerful tools are used in a fair and effective manner.