INTRODUCTION AND BRIEF DESCRIPTION
Section 810(3) allows for a court to order a person to enter into a recognizance to keep the peace and be of good behaviour, or to be committed to prison for up to twelve months, if they are found to have reasonable grounds for their fears due to the actions of another person.
SECTION WORDING
810(3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears, (a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or (b) commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance.
EXPLANATION
Section 810(3) of the Criminal Code of Canada is an important provision which deals with situations where an individual has reasonable grounds to fear for their safety from another individual. It allows an individual to lay an information before a justice of the peace or summary conviction court regarding their fears for their safety or that of their property, and request that the court take measures to protect them. The justice or summary conviction court, after reviewing evidence adduced before it, may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for up to twelve months. The court may also prescribe reasonable conditions for the defendant to follow, including those set out in subsections (3.1) and (3.2). These conditions are designed to ensure that the defendant behaves appropriately and do not engage in any behaviour that may put the complainant at risk. In cases where the defendant fails or refuses to enter into the recognizance, the court may commit the defendant to prison for up to twelve months. This provision is designed to protect individuals who have a reasonable fear for their safety from individuals who may pose a threat to them. Overall, Section 810(3) of the Criminal Code of Canada ensures that individuals who have a legitimate fear for their safety are protected by the court system. It provides them with a mechanism to request help from the justice system and ensures that the appropriate measures are put in place to protect them from harm.
COMMENTARY
Section 810(3) of the Criminal Code of Canada provides the justice system with the power to issue a peace bond in cases where one person has reasonable fears that another person may harm them. This section effectively acts as a preventative measure, allowing authorities to intervene before any harm is committed, rather than after the fact. This measure has been included in the Criminal Code to help protect Canadians from the threat of harm that some individuals pose. The main purpose of section 810(3) is to provide victims with a legal tool that they can use to protect themselves from a potential attacker. The justice system is empowered to intervene in situations where there are reasonable grounds to believe that an individual may be at risk of harm from another person. This may be due to threats, physical attacks, or other forms of harassment. When an individual has reasonable grounds to believe that they may be in danger from another person, they can request that the justice system issue a peace bond against the other party. The purpose of this bond is to require the other party to adhere to a particular set of conditions, such as a prohibition on coming within a certain distance of the victim, or a requirement to attend anger management or other rehabilitation programs. The justice system has wide discretion in determining the terms of a peace bond, including the duration of the bond and any additional conditions that may be required. Typically, a peace bond will last for a period of up to 12 months, although this can be extended if necessary. Another key aspect of section 810(3) is that it allows the justice system to require the person against whom the peace bond is issued to provide sureties - essentially, individuals who will vouch for their good behavior. If the individual breaches the terms of the peace bond, including any additional conditions outlined by the court, they may face criminal charges and possible imprisonment. Overall, section 810(3) of the Criminal Code is a vital tool for protecting individuals from harm at the hands of others. The peace bond provides a means for intervening in situations where there is the potential for violence or other forms of harm, and acts as a form of preventative justice. While there are limitations to this approach, including the fact that it only applies in cases where there are reasonable fears of harm rather than actual incidents, it remains an important part of the Canadian justice system. By empowering individuals to seek legal protection against potential attackers, the peace bond helps to maintain safety and security for all Canadians.
STRATEGY
Section 810(3) of the Criminal Code of Canada can be a useful tool for individuals who fear for their safety and well-being due to the actions of someone else. However, there are strategic considerations and important factors to keep in mind in order to make the most effective use of the provision. Firstly, it is important to gather evidence to support the claim of reasonable fear. This can include witness statements, emails, text messages, social media posts, and other documents or communication that can demonstrate a pattern of behavior that is causing fear and concern. Without this evidence, it may be difficult to convince a judge or summary conviction court to make an order under Section 810(3). Once evidence has been gathered, it may also be useful to consider seeking the assistance of a lawyer or other legal professional. Legal advice can help individuals understand their rights and options, as well as provide guidance on the best strategy for pursuing a Section 810(3) application. Lawyers can help individuals navigate the legal system and ensure that their case is presented in the most effective way possible. Another important consideration is the nature of the conditions that may be imposed under Section 810(3). While courts are able to impose a range of conditions to ensure the good conduct of the defendant, it is important to consider whether these conditions are appropriate and reasonable. Conditions that are too onerous or invasive may be difficult to enforce, while conditions that are too lenient may not provide adequate protection for the individual who fears for their safety. In order to make the most effective use of Section 810(3), it is essential to carefully consider the conditions that are most likely to achieve the desired outcome. Finally, it may also be useful to consider alternative dispute resolution mechanisms, such as mediation or negotiation, as a means of resolving the underlying conflict. In some cases, these approaches may be able to help parties come to a mutually agreeable resolution that addresses the underlying issues without the need for court intervention. Overall, Section 810(3) of the Criminal Code of Canada can be a powerful tool for individuals who fear for their safety. However, it is important to carefully consider the evidence, seek legal advice, and carefully consider the nature of any conditions that may be imposed. By being strategic and thoughtful in the application of this provision, individuals can effectively protect themselves and ensure their ongoing safety and well-being.