section 679(5.1)


A judge may add certain conditions to an undertaking or recognizance that they deem necessary.


679(5.1) The judge may direct that the undertaking or recognizance referred to in subsection (5) include the conditions described in subsections 515(4), (4.1) and (4.2) that the judge considers desirable.


Section 679(5.1) of the Canadian Criminal Code pertains to the kinds of conditions that may be applied to an individual's undertaking or recognizance. According to subsection 5 of the same section, an undertaking or recognizance entails a promise by a person who has been charged with an offence to comply with certain conditions, in exchange for release from custody. Such conditions may include reporting to the authorities, refraining from contacting certain individuals, or limiting travel. Under subsection 5.1, the judge, who has jurisdiction to rule on the matter of an individual's release, may also direct that additional conditions listed in subsections 515(4), (4.1), and (4.2) be included in the undertaking. The subsections referred to describe further conditions that may be imposed by a judge as necessary. These may include restrictions on the individual's possession of firearms, limitations on their ability to leave the country, and orders to surrender passports. Such conditions are often employed by a judge in cases where there is a risk of the individual fleeing the jurisdiction, posing a danger to others, or interfering with the administration of justice. In short, Section 679(5.1) allows a judge to determine what conditions should be imposed on an individual's release from custody, and in so doing, enhance public safety and the fairness of the judicial process. It also provides flexibility for judges to weigh the specific circumstances of a case and tailor the conditions accordingly. By extending the range of potential conditions, the Criminal Code ensures that judges have the necessary tools to balance the need for public safety with the rights of the individual accused of a crime.


Section 679(5.1) of the Criminal Code of Canada grants judges the authority to include specific conditions in an accused's undertaking or recognizance. These conditions are listed under subsections 515(4), (4.1), and (4.2) and the judge can decide which ones to impose based on what they deem desirable. The conditions outlined in these subsections include: 1. To keep peace and be of good behavior 2. To refrain from attending certain places or contacting certain individuals 3. To avoid consuming drugs or alcohol 4. To attend court when required 5. To remain within the province unless permission from the court is granted 6. To surrender any passport in their possession These conditions are not exhaustive, but they are considered desirable because they help to reduce the likelihood of an accused committing further criminal offenses. For instance, the keep the peace" condition is designed to prevent an accused from causing any further disturbance. The avoidance of certain persons or places" condition is meant to prevent an accused from causing harm to the victim or interfering with witnesses. The "avoidance of alcohol and drugs" condition offers a means of ensuring that an accused does not engage in further criminal activities while under the influence of intoxicants. The authority given to the judge by section 679(5.1) of the Criminal Code is beneficial because it allows for the imposition of specific conditions tailored to the circumstances of each case. Factors that a judge might consider when deciding on the conditions to be imposed include the accused's previous criminal history, the severity of the alleged offense, and the likelihood of re-offending. The discretion in this section must be exercised with care and caution, however, so as not to violate the rights of the accused. For instance, a condition that infringes on the right to freedom of movement may only be imposed if there is a reasonable concern that the accused will not attend court as required or may pose a risk to public safety. To ensure that an accused's rights are protected, the conditions must satisfy the requirements set out in section 11(e) of the Canadian Charter of Rights and Freedoms, which stipulates that an accused has the right to be presumed innocent until proven guilty according to law in a fair and public hearing. In summary, section 679(5.1) of the Criminal Code of Canada recognizes the importance of imposing conditions on an accused's release to minimize the risk of them committing further criminal offenses. The provision empowers judges to customize specific conditions for each case, but the exercise of discretion must be balanced with the accused's rights under the Charter.


Section 679(5.1) of the Criminal Code of Canada has significant implications for the criminal justice system in Canada. This provision allows a judge to impose certain conditions on a person who has been granted bail or released on an undertaking or recognizance. These conditions may include requirements such as curfew, surrendering travel documents, or refraining from contacting certain individuals. The judge has broad discretion in deciding which conditions are desirable and appropriate in a given case. One strategic consideration when dealing with this section of the criminal code is to understand the judge's role in determining the conditions of release. Judges have considerable discretion in this area, and they may be influenced by a variety of factors such as the nature of the alleged offense, the accused's criminal record, or the likelihood of reoffending. Defense lawyers may need to know the judge's tendencies in order to develop an effective strategy for securing their client's release with minimal restrictions. Another strategic consideration is to carefully assess the potential impact of any proposed conditions of release. For example, if a condition prohibits an accused from contacting certain individuals, this may be particularly onerous if these individuals include family members or coworkers. Defense lawyers may need to negotiate with the prosecution or seek the input of social workers or other experts to ensure that conditions are fair and reasonable. A key strategy that could be employed when dealing with this section of the Criminal Code is to present a persuasive argument in favor of the least onerous conditions possible. Defense counsel may need to provide evidence to support their position, such as character references or information about the accused's employment or family responsibilities. It may also be helpful to pose alternative conditions that would achieve the same goal without being as restrictive, such as imposing a curfew that allows the accused to attend work or school. Another strategy that could be employed is to challenge conditions that appear to be unreasonable or unnecessary. For example, if a condition requires an accused to surrender their passport when the alleged offense does not involve international travel, this could be seen as overly punitive. Defense counsel may need to argue that such conditions go beyond what is necessary to ensure the accused's attendance at court and protection of the public. In conclusion, Section 679(5.1) of the Criminal Code of Canada is an important provision that allows judges to impose conditions on persons who have been granted bail or released on an undertaking or recognizance. Defense counsel need to be aware of the judge's role in determining conditions of release, carefully assess the potential impact of proposed conditions, and present persuasive arguments in favor of the least onerous conditions possible. Strategic challenges to unreasonable or unnecessary conditions may also be necessary to ensure a fair and impartial process.