INTRODUCTION AND BRIEF DESCRIPTION
Section 499(2) of the Criminal Code of Canada outlines additional conditions for release, including territorial limits, communication restrictions, firearm surrender, reporting requirements, and more.
SECTION WORDING
499(2) In addition to the conditions for release set out in paragraphs (1)(a), (b) and (c), the officer in charge may also require the person to enter into an undertaking in Form 11.1 in which the person, in order to be released, undertakes to do one or more of the following things: (a) to remain within a territorial jurisdiction specified in the undertaking; (b) to notify a peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation; (c) to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking; (d) to deposit the person’s passport with the peace officer or other person mentioned in the undertaking; (e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm; (f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking; (g) to abstain from (i) the consumption of alcohol or other intoxicating substances, or (ii) the consumption of drugs except in accordance with a medical prescription; and (h) to comply with any other condition specified in the undertaking that the officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
EXPLANATION
Section 499(2) of the Criminal Code of Canada lays out additional conditions that may be imposed upon a person who has been arrested and detained. These conditions are in addition to the requirements set out in paragraphs (1)(a), (b) and (c). The officer in charge of the case has the authority to require the person to enter into an undertaking in Form 11.1, which requires the person to agree to one or several conditions. These may include staying within a specified geographic area, notifying authorities of any change in address or employment, abstaining from communication with victims or witnesses of the crime, surrendering any weapons, obeying alcohol and/or drug monitoring, check-ins with authority officials, and follow any condition deemed necessary for the protection of victims or witnesses. The purpose of this section is to ensure that the person who has been arrested and detained does not commit further crimes while awaiting trial or violating the right of any victim or witness. By requiring the person to agree to these conditions, the officer in charge can ensure that the person remains under supervision while they await their trial. There may be instances where a person is released on bail. In these cases, the conditions of release are similar to those mentioned in section 499(2). The purpose of these conditions is to ensure that the person does not flee the country, interfere with witnesses or violate any conditions set by the court. In summary, Section 499(2) of the Criminal Code of Canada is an important provision that allows authorities to ensure the safety of victims and witnesses of a crime, as well as the wider public, by imposing conditions upon the release of a person who has been arrested and detained. These conditions facilitate the successful prosecution of crimes without putting anyone at undue risk and ensure that justice is served fairly and effectively.
COMMENTARY
Section 499(2) of the Criminal Code of Canada provides police officers with the authority to impose additional conditions for someone’s release from custody. These conditions can include things like remaining within a specific territorial jurisdiction, reporting to a designated person, or abstaining from drugs or alcohol. The purpose of these conditions is to ensure the safety and security of any victim of or witness to the alleged offense. One of the most notable conditions outlined in this section is requiring the person to abstain from communicating with any victim, witness, or person identified in the undertaking. This condition is essential for protecting the people involved in a case from any potential retaliation or intimidation from the accused. The person may also be prohibited from going to a specific location where the victim or witness may be present. This type of condition aims to prevent any further harm or trauma to the victim or witness. Another significant condition is requiring the person to surrender any firearms in their possession. This condition aims to prevent any potential danger to the public, especially if the accused is known to be violent or have a history of using firearms. The person may also be prohibited from possessing firearms in the future. This type of restriction can be beneficial in preventing future offenses and increasing public safety. The section also empowers the officer in charge to impose any other condition they consider necessary to ensure the safety and security of any victim of or witness to the offense. This provision provides flexibility to the police officer in charge to determine any additional requirements to safeguard the victim or witness. The police officer may base their decision on the circumstances of the case, the accused's criminal history, or other relevant factors. Overall, section 499(2) of the Criminal Code of Canada provides police officers with the power to impose additional conditions for someone's release from custody. These conditions are intended to ensure the safety and security of any victim or witness of an alleged offense. The section is an important tool for preventing further harm and trauma to those impacted by criminal activity.
STRATEGY
Section 499(2) of the Criminal Code of Canada sets out the conditions for release when a person is taken into custody. The section provides the officer in charge with discretion to impose additional conditions that the person must comply with in order to be released. The officer in charge may require the person to enter into an undertaking in Form 11.1 in which the person agrees to undertake one or more specific conditions. The section provides for a variety of conditions, including territorial jurisdiction, notification requirements, communication restrictions, firearm possession, and compliance with other conditions deemed necessary by the officer to ensure the safety and security of any victims or witnesses. Strategic considerations when dealing with this section of the Criminal Code of Canada are important for a number of reasons. First, imposing conditions in this section may help to ensure the safety and security of any victim or witness to the crime. Additionally, police officers need to balance the requirements for liberty with the public interest in deterring crime and ensuring the safety of the community. One strategy that can be employed when dealing with this section of the Criminal Code of Canada is to use a process of negotiation and compromise with the person who is in custody. This approach will attempt to balance the needs of the community and the interests of the individual to ensure the best outcome for both parties. Negotiated agreements may allow the individual to retain a sense of autonomy and respect for their human rights while still achieving the objectives of the investigation. Another strategy is to take a more punitive approach to dealing with this section of the Criminal Code of Canada. This approach will regard the individual as being responsible for the crime and needing to be held accountable. Restrictions will be put in place to ensure that the individual does not continue to pose a threat to the community. Lastly, another strategy is to take a preventative approach, where conditions are imposed to address risk factors that lead to criminal behavior. Ensuring that the individual is required to report to a probation officer and is receiving regular counseling or therapy sessions can reduce the likelihood of re-offending. In conclusion, strategic considerations when dealing with section 499(2) of the Criminal Code of Canada are important to ensure that the safety and well-being of individuals, victims and the community is maintained. Strategies such as negotiation and compromise, penalties, and preventative measures can be used separately or in combination to ensure the best outcome. The most appropriate strategy will depend on the specific circumstances of each case and the objectives of the investigation.