INTRODUCTION AND BRIEF DESCRIPTION
515(4.1) When making an order under subsection (2), in the case of an accused who is charged with (a) an offence in the commission of which violence against a person was used, threatened or attempted, (a.1) a terrorism offence, (b) an offence under section 264 (criminal harassment), (b.1) an offence under section 423.1 (intimidation of a justice system participant), (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to on offence under subsection 20(1) of that Act, the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
Section 515(4.1) of the Criminal Code of Canada outlines conditions for bail orders in cases where an accused is charged with certain offenses. The section provides that in cases where violence against a person was used, threatened, or attempted; terrorism offenses; criminal harassment; intimidation of a justice system participant; contraventions of specific drug-related sections; offenses involving firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances; or offenses under the Security of Information Act, a justice shall add to the bail order a condition prohibiting the accused from possessing specific items until they are dealt with according to law. This provision aims to protect the safety and security of victims and other persons involved in the case. It prohibits the accused from possessing firearms, explosive substances, and other related items that may endanger the safety of individuals. However, this condition may be excluded in cases where the justice considers that it is not required in the interest of the safety of the accused or the safety and security of a victim or any other person. Overall, the provision seeks to balance the inherent tension between the rights of the accused and the interests of public safety and security.
Section 515(4.1) of the Criminal Code of Canada outlines the conditions under which an accused may be prohibited from possessing certain dangerous items, such as firearms and explosives. This provision is designed to ensure the safety of the accused and any potential victims of the offence for which they have been charged. One of the key aspects of this provision is that it only applies in specific circumstances. The accused must be charged with an offence in which violence was used, threatened, or attempted, a terrorism offence, criminal harassment, intimidation of a justice system participant, or an offence related to the contravention of sections 5 to 7 of the Controlled Drugs and Substances Act. Additionally, the accused must be charged with an offence that involves or is related to firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances, or an offence under the Security of Information Act. If the accused meets these criteria, the justice overseeing their case is required to add a condition to the order prohibiting the accused from possessing any of these dangerous items until their case has been resolved. This condition can only be lifted if the justice believes that it is not required in the interests of the safety of the accused or any potential victims. The purpose of this provision is to limit the potential harm that an accused might be able to cause if they are in possession of these dangerous items. In cases where violence was used or threatened, or when a terrorism offence has been charged, it is crucial to ensure that the accused is not able to harm anyone else. Additionally, in cases where firearms or other dangerous items are involved, it is important to prevent these items from being used to commit further offences. Overall, Section 515(4.1) of the Criminal Code of Canada is an important provision that is designed to promote safety and security for all involved in the criminal justice system. By prohibiting accused individuals from possessing firearms, explosives, and other dangerous items, this provision helps to ensure that potential victims are protected and that further harm is not caused. At the same time, the provision recognizes that there may be circumstances in which such a condition is unnecessary, and allows for judicial discretion in determining when this condition is appropriate.
Section 515(4.1) of the Criminal Code of Canada is a provision that allows for the imposition of conditions on an accused person charged with certain offences for the safety and security of any victim or any other person. The provision prohibits the accused from possessing a weapon that is deemed lethal, such as firearms, ammunition, and explosives until their case has been dealt with according to the law. In dealing with this provision, one strategic consideration is the assessment of the accused's risk and safety concerns. The justice making the order must consider the risk posed by the accused to the public, any potential victim, and the accused's safety as well. The accused may pose a risk to the public or a potential victim if they have been charged with an offence that involves violence against a person, firearms, or explosives. Therefore, it is critical to consider the potential risk when determining the conditions to impose on the accused. Another strategic consideration is the application of fair and just principles. It is essential to ensure that each accused person charged with the specified offences is treated fairly and judiciously, with conditions that are proportionate to the charge and the risks they may pose. The conditions imposed on the accused must also be reviewed periodically to ensure that they continue to meet the required objectives in protecting public safety and the accused. The justice must weigh the interests of the accused, the public, and victims to determine the most appropriate conditions to be imposed. Appropriate conditions include ensuring that the accused does not have access to firearms, explosives or any other lethal weapon that may exacerbate the situation. The conditions must be adhered to strictly and enforced appropriately to ensure their efficacy and to maintain public and victim safety. One strategic consideration is considering any potential limitations in applying the provision. For example, the imposition of conditions may apply to the accused's specific case. Therefore, the justice may consider the specific circumstances of the case and the ways to enforce the conditions effectively to ensure that the accused does not violate the condition set. In conclusion, section 515(4.1) of the Criminal Code of Canada is a crucial provision that enhances the justice system's fairness, equity, and public safety. Strategic consideration to ensure the conditions imposed are fair and just, and mindful of the accused's risk, safety, and limitations, is central to achieving the provision's objectives in protecting the interests of the public and potential victims. By implementing the strategies discussed can result in the imposition of proportionate and effective conditions that protect the public and any potential victims, including the accused.