section 462.34(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section specifies the form for a recognizance entered into pursuant to paragraph (4)(a) of the Criminal Code of Canada.

SECTION WORDING

462.34(8) A recognizance entered into pursuant to paragraph (4)(a) may be in Form 32.

EXPLANATION

Section 462.34(8) of the Criminal Code of Canada relates to the use of recognizances in certain criminal proceedings. Specifically, it allows for a recognizance to be entered into pursuant to paragraph (4)(a), which pertains to situations where an individual is charged with an indictable offense that relates to the commission of a criminal organization offense. A recognizance is a legal document that requires an individual to fulfill certain obligations or face penalties, such as forfeiture of bail money or imprisonment. In the context of paragraph (4)(a), a recognizance may be used as a means of ensuring that an individual charged with a criminal organization offense does not engage in further criminal activity or pose a threat to public safety while the proceedings are ongoing. Section 462.34(8) specifies that the form of the recognizance entered into pursuant to paragraph (4)(a) must be in Form 32. This is a standard form that is used in Canadian criminal proceedings to ensure consistency and clarity in legal documents. It includes information such as the name of the accused, the conditions they must adhere to, and the consequences if they fail to comply. Overall, Section 462.34(8) is an important provision that allows for the use of recognizances in cases where criminal organization offenses are alleged. By requiring the use of a standard form, it ensures that parties involved in the proceedings have a clear understanding of the obligations and consequences of the recognizance and helps to promote consistency and fairness in the criminal justice system.

COMMENTARY

Section 462.34(8) of the Criminal Code of Canada details the requirements for a recognizance entered into pursuant to paragraph (4)(a) which may be in Form 32. A recognizance is a legal document that sets out an obligation by an accused person to do or avoid doing something, and is often used by the court in a bail hearing to ensure that an accused person will comply with certain conditions if released from custody. Paragraph (4)(a) of section 462.34 of the Criminal Code allows a peace officer to lay an information before a justice if they have reasonable grounds to believe that a person has committed, or is about to commit, one of a list of serious offenses involving organized crime. If the justice is satisfied that the evidence supports the information, they may issue a warrant for the arrest of the person or may order the person to appear before the court. In the latter case, the justice may require the accused person to enter into a recognizance with or without sureties, to keep the peace and be of good behaviour for a period of up to two years. The recognizance entered into pursuant to paragraph (4)(a) may be in Form 32, which is a prescribed form under the Criminal Code. This form includes information about the accused person, such as their name, address, and occupation; the conditions of the recognizance, which may include a requirement to stay away from certain people or places, report to a specific police station, or adhere to a curfew; and the consequences of breaching these conditions, which may include a forfeiture of money or property, imprisonment, or both. The use of recognizances is an important tool for law enforcement and the justice system in ensuring public safety and preventing further criminal activity. Recognizances may be used in a variety of circumstances, including bail hearings, peace bonds, and restraining orders. However, the use of recognizances can also raise concerns about potential violations of civil liberties, particularly if the conditions of the recognizance are overly restrictive or if an accused person is required to enter into a recognizance without sufficient evidence of their guilt. Overall, section 462.34(8) of the Criminal Code of Canada provides important guidance for the use of recognizances in cases involving organized crime, while also ensuring that the rights of accused persons are protected. By specifying the requirements for a recognizance entered into pursuant to paragraph (4)(a), including the use of a prescribed form, this section of the Criminal Code helps to ensure consistency and transparency in the use of recognizances, while also promoting public safety and the administration of justice.

STRATEGY

Section 462.34(8) of the Criminal Code of Canada provides for the use of Form 32 when entering into a recognizance pursuant to paragraph (4)(a). This section is an important tool for law enforcement and prosecutors when dealing with the threat of criminal organizations and individuals who participate in their activities. Recognizances are essentially contracts between the accused and the court that require them to comply with certain conditions, such as no contact with certain persons or establishments, surrender of travel and firearms, or periodic check-ins with police. In this way, the court uses recognizances to impose restrictions on individuals who pose a risk to public safety, without requiring that they be held in custody. Strategic considerations should be taken when deciding whether to seek a recognizance order under section 462.34(8). Such considerations may include assessing the seriousness of the threats posed by the accused or criminal organization they are associated with, the likelihood of non-compliance with any terms in the recognizance, and the potential efficacy of the terms of the recognizance to address the underlying risks. Additionally, the limited resources of law enforcement and the court system may influence strategic considerations - as demanding a recognizance may divert law enforcement from other pressing matters or take up valuable court time. When seeking a recognizance under section 462.34(8), some strategic considerations and strategies that may be employed include: 1. Collaboration between police and prosecutors: Recognizances under this section typically arise from criminal intelligence gathered by law enforcement, and effective collaboration between police and prosecutors is crucial in developing and presenting their case before the court. 2. Identification of appropriate conditions: The key consideration when deciding to seek a recognizance with appropriate conditions is to ensure that the conditions are tailored to the risks presented by the accused. Overly restrictive conditions can be challenged as arbitrary or unconstitutional. 3. Use of information-sharing and monitoring technologies: Recognizance conditions requiring accused to regularly report to police, to wear GPS monitors or to subject themselves to regular spot checks of their premises could be utilized to ensure compliance. Additionally, securing information sharing agreements with other government sectors can be a powerful tool in monitoring non-compliance. 4. Consistency in approaches: Law enforcement and courts should strive to be consistent in their approach in cases involving criminal organizations, in order to ensure that the law is applied consistently across all cases. 5. Addressing the underlying criminal conduct: Recognizances may represent an opportunity to address the source of criminal behaviour by participants in these organizations, including drug or trafficking offences, human trafficking, or firearms offences. The conditions requiring participation in treatment programs, or requiring the accused to desist from engaging in specific criminal behaviours, could be imposed where relevant. 6. Addressing root causes: Recognizances could also be a tool to address root causes of influence in organized crime. By making conditions that remove certain capitals or channels of organization, the holding of such recognizances may reduce resources and opportunities for the organized criminal entity. Overall, Effective use of section 462.34(8) requires careful consideration of the threats posed and strategies for addressing them. Law enforcement and prosecutors must ensure that any recognized risk is robustly presented, and appropriate and tailored conditions are proposed which are feasible, consistent with constitutional protections and capable of reducing risks posed to public safety. Ultimately, the key benefit of identifying such risks and proposing tailored measures to mitigate them, is in reducing harm to communities.