section 111(2)

INTRODUCTION AND BRIEF DESCRIPTION

A provincial court judge must set a date for a hearing and ensure notice is given to the person against whom an order is being sought under subsection (1).

SECTION WORDING

111(2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

EXPLANATION

Section 111(2) of the Criminal Code of Canada outlines the process for applying for an order to obtain evidence before a criminal trial. This order is commonly referred to as a pre-trial discovery order and essentially allows the prosecution to gather evidence that may be necessary for the trial. In order for such an order to be granted, an application must be made to a provincial court judge. The judge will then set a date for the hearing of the application and direct that notice of the hearing be given to the person against whom the order is sought. This notice is to be given in a manner specified by the judge, which may include methods such as personal service or registered mail. The purpose of this section is to ensure that the person against whom the order is sought is aware of the application and has the opportunity to respond to it. This allows for a fair and just process, as both the prosecution and defence will have the opportunity to present their arguments and evidence before a decision is made. Overall, Section 111(2) outlines an important step in the criminal justice process, as pre-trial discovery orders can have significant implications for a case. By ensuring that the person against whom the order is sought is adequately notified and given the opportunity to respond, this section helps to promote a fair trial for all parties involved.

COMMENTARY

Section 111(2) of the Criminal Code of Canada sets out the process for obtaining a peace bond, which is essentially a court order that requires a person to keep the peace and be of good behaviour. This provision requires that, upon receipt of an application for a peace bond, a provincial court judge must fix a date for a hearing of the application and direct that notice of the hearing be given to the person against whom the order is sought, in such a manner as the judge may specify. The purpose of a peace bond is to prevent future harm or disturbance by requiring a person to enter into a recognizance or bond to keep the peace and be of good behaviour. This type of order can be sought by anyone who has reasonable cause to fear that another person will cause personal injury, damage to property, or will engage in any other form of disruptive behaviour. It can be a preventative measure to ensure that the person against whom it is sought does not cause any harm in the future. The primary focus of this provision is to ensure that the person against whom a peace bond is sought is given proper notice of the hearing. This is fundamental to due process and fair hearings, as it gives the defendant an opportunity to respond and to be heard. Notice requirements are intended to ensure that the defendant is aware of the proceedings against them, allowing them to prepare and present their own arguments and evidence. This is a cornerstone of the justice system and it is fundamental that individuals understand their rights and are given an opportunity to defend themselves against any allegations. The manner in which the notice must be given is not specified in the provision, leaving it up to the provincial court judge to determine the most appropriate method for giving notice. In some cases, this may involve serving the notice in person, while in other cases, it may be possible to provide notice through publication or by email. The method of notification will likely depend on the specific circumstances of the case and what is deemed to be the most effective means of ensuring that the defendant is aware of the hearing. It is important to note that a peace bond is not a criminal conviction and does not result in a criminal record. Rather, it is a preventative measure that is intended to ensure the safety of individuals and communities by requiring that the person against whom it is sought enters into an agreement to keep the peace and be of good behaviour. This may involve specific conditions, such as restrictions on contact with certain individuals or restrictions on entering certain areas. In conclusion, section 111(2) of the Criminal Code of Canada is an important provision that sets out an essential component of the peace bond application process. The provision emphasizes the importance of proper notice and due process, allowing individuals to defend themselves against any allegations while ensuring that the safety and well-being of individuals and communities are protected. Together with other provisions related to peace bonds, section 111(2) of the Criminal Code of Canada works towards building stronger communities by preventing future harm or disruption.

STRATEGY

When dealing with Section 111(2) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These considerations include the timing of the application, the probability of success, and the potential consequences of the order. Below are some strategies that could be employed to handle these considerations. Timing of the Application Timing is one of the most important strategic considerations when dealing with Section 111(2) of the Criminal Code of Canada. An application can be made at any time, but the timing must be appropriate to achieve the desired outcome. For example, if the application is made too early, it may be dismissed for lack of evidence or merit. Conversely, if the application is made too late, the damage may already be done, and the order may not be effective. A strategic approach to timing may involve gathering all necessary evidence, including witness statements, before making the application. This will ensure that the application is supported by strong evidence and increases the chances of success. Additionally, considering the urgency of the situation and the likelihood of the order being granted, it may be advisable to seek a temporary order or injunction prior to the final hearing. Probability of Success Another strategic consideration is the likelihood of the application being successful. This consideration is critical since the application process can be time-consuming and costly. Therefore, it is essential to have a strong case supported by evidence before making the application. A strategic approach may involve completing thorough research on past cases with similar circumstances to determine the likelihood of success. Additionally, considering the expertise and experience of the legal team handling the application, seeking expert opinion and building a strong case incorporating relevant law and facts will increase the likelihood of success. Potential Consequences The potential consequences of making an application under Section 111(2) must be considered when handling this section. The application can have significant consequences on reputation, livelihood, and finances. A strategic approach may involve weighing the consequences of the order with the desired outcome. For instance, if the order may have a damaging effect, such as public humiliation, this may require restructuring the application and the timing. Also, considering the potential repercussions and benefits of the application, it may be appropriate to approach a settlement before going to court. Conclusion In conclusion, dealing with Section 111(2) of the Criminal Code of Canada, strategic considerations are necessary to achieve the desired outcome. Common strategies involve timing, probability of success, and potential consequences. A well-planned and executed strategy will increase the chances of success while minimizing the risk of undesirable consequences.