INTRODUCTION AND BRIEF DESCRIPTION

Failure to comply with a restraint order is an indictable or summary conviction offence.

SECTION WORDING

490.8(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

EXPLANATION

Section 490.8(9) of the Criminal Code of Canada specifies the legal consequences for individuals who violate or fail to comply with a restraint order issued under this section. In essence, this provision makes it a criminal offence for anyone who has been served with a restraint order to disregard the terms of that order. A restraint order is a legal tool that allows law enforcement authorities to freeze or seize certain assets or property that are believed to be linked to criminal activity. This can include bank accounts, vehicles, real estate, and other types of assets. Such orders are typically issued in the course of investigations into criminal offences such as fraud, money laundering, or other financial crimes. When a restraint order is issued, it must be served on the affected individual in accordance with the rules set out in the Criminal Code. Once the order is in force, the person who has been served with it must comply with the terms of the order. This may require them to stop using certain assets, refrain from disposing of property, or take other actions as required by the order. If a person fails to comply with the terms of a restraint order, or violates its terms in any way, they may be charged with an indictable offence or an offence punishable on summary conviction. This offence can carry serious consequences, including the possibility of imprisonment or fines. Additionally, a conviction under this provision may also result in additional legal consequences, such as the forfeiture of any assets that were subject to the restraint order. In summary, section 490.8(9) of the Criminal Code of Canada is an important provision that helps to ensure that restraint orders issued in the context of criminal investigations are taken seriously and are enforced as intended. By making it a criminal offence to violate or fail to comply with such orders, this provision helps to protect the integrity of the criminal justice system and prevent individuals from benefiting from criminal activity.

COMMENTARY

Section 490.8(9) of the Criminal Code of Canada is a provision that deals with the consequences of breaching a restraint order. Essentially, the provision states that anyone who has been served with a restraint order and then acts in contravention of or fails to comply with that order is committing a criminal offence. The type of offence that is committed will depend on the severity of the breach and can be either an indictable offence or an offence punishable by summary conviction. A restraint order, as referred to in this provision, is a court order that prohibits someone from doing something or requires them to do something. The most common type of restraint order is a peace bond, which is a court order that requires a person to keep the peace and be of good behaviour for a specified period of time. These types of orders are typically used to prevent someone from committing a crime, harassing someone, or engaging in other harmful conduct. The purpose of this provision is to ensure that restraint orders are taken seriously and that individuals who violate them face consequences. By making it a criminal offence to breach a restraint order, the law is sending a clear message that this type of behaviour will not be tolerated. This is important because without consequences, some individuals may be tempted to ignore restraint orders, which could put others at risk. The fact that the nature of the offence can be either indictable or summary conviction is significant. Indictable offences are more serious and typically carry higher penalties, such as longer prison sentences. Summary conviction offences are less serious and carry lesser penalties, such as fines or shorter jail sentences. The fact that the severity of the offence can be determined by the individual circumstances of the case is important, as it ensures that the punishment fits the crime. It is important to note that anyone who has been served with a restraint order should take it seriously and comply with its terms. If someone believes that the order is unfair or unnecessary, they should seek legal advice rather than simply ignoring it. Even if someone disagrees with the restraint order, they are still required to comply with it until it has been set aside or varied by a court. Overall, Section 490.8(9) of the Criminal Code of Canada is an important provision that ensures that restraint orders are taken seriously. By making it a criminal offence to breach a restraint order, the law is sending a clear message that this type of behaviour will not be tolerated. Anyone who has been served with a restraint order should take it seriously and comply with its terms, or seek legal advice if they believe that the order is unfair or unnecessary.

STRATEGY

Section 490.8(9) of the Criminal Code of Canada is an essential provision that aims to protect assets related to a criminal offence. This section permits the Crown to secure property, restrain or seize any property that may be considered proceeds of the crime or property intended to be used in committing a crime until criminal proceedings are concluded. In most cases, the purpose of this provision is to ensure that criminal defendants do not benefit from the proceeds of a crime while awaiting trial or pending the conclusion of an investigation. However, this section also imposes strict requirements on persons subject to a restraint order, and failure to comply attracts penalties, including criminal charges or fines. When dealing with Section 490.8(9), several strategic considerations are essential to ensure that one does not fall foul of the law. First, it is crucial to understand the nature and scope of the restraint order. This includes understanding what particular property is restrained, the duration of the order, and any restrictions placed on the use of the property or what actions are permitted or prohibited. For example, if an individual is subject to a restraint order on a specific bank account, they cannot deposit or withdraw any funds from that account without the express permission of the authorities. Secondly, compliance with all aspects of the order is essential in avoiding criminal charges or fines. Specific actions may be permitted under the order, and failure to report any violations may result in a breach of the order. It is therefore essential to keep accurate records of any changes or transactions made to the restrained property during the period when the order is in force. Thirdly, it is crucial to seek legal counsel if there are any uncertainties about the order's requirements or compliance. Indeed, persons subject to a restraint order should engage competent legal representation that can advise them on the order's implications and potential consequences for non-compliance. In addition to the above considerations, some strategies may be employed when dealing with Section 490.8(9). One of the primary strategies is to cooperate with the authorities in charge of the investigation or prosecution. Cooperation, in this case, includes prompt and accurate reporting of any violations or changes made to the restrained property. It also includes compliance with all aspects of the order without any hesitation. Another strategy that could be employed is the use of negotiations or plea bargaining. In some cases, a defendant may negotiate with the Crown to have the restraint order lifted or modified, offering guarantees or conditions to ensure that any subsequent benefit is not from the proceeds of the crime. Finally, staying abreast of any legal developments and changes in this section is crucial in managing potential exposure or risks. This includes regular consultations with legal counsel and keeping informed of the latest court decisions and trends that affect asset forfeiture and restraint order cases. In summary, Section 490.8(9) of the Criminal Code of Canada is a potent tool in securing assets related to criminal activity. Strategic considerations such as understanding the order's requirements, compliance, and seeking legal counsel are crucial in navigating the complexities of this provision. Employing strategies such as cooperation, negotiation, and staying informed about legal updates are useful in managing these risks.