INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge to order a defendant to enter into a recognizance to keep the peace if an informant has reasonable grounds for fear.
SECTION WORDING
810.01(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.
EXPLANATION
Section 810.01(3) of the Criminal Code of Canada pertains to the legal process of obtaining a peace bond or recognizance in situations where a person feels that they are in danger of harm or violence from another person. A peace bond is a court order that requires an individual to keep the peace and behave in a lawful manner for a certain period, typically not exceeding 12 months. The section specifies that a provincial court judge may order a peace bond against a defendant, upon being presented with convincing evidence that the informant has reasonable fears of harm. This means that the judge must examine the evidence put forward by the informant and be satisfied that their fears are based on a substantial basis. The judge must also consider if the defendant's behavior poses a serious threat to the safety of the informant or the community. In most cases, an informant can request a peace bond to protect themselves from physical harm, harassment, or other types of violence from the defendant. Once the peace bond is issued, the defendant may be required to stay away from the informant and refrain from contacting or harassing them directly or indirectly. The defendant will be required to sign a recognizance acknowledging their obligation to follow the terms of the peace bond. In summary, Section 810.01(3) of the Criminal Code of Canada is designed to ensure that individuals who feel threatened by others have a legal avenue to protect themselves. It provides a means for judges to take action to safeguard citizens' well-being by requiring that individuals conduct themselves in a non-threatening and lawful manner. By using this section of the Code, courts can help to prevent violence and harassment before it occurs.
COMMENTARY
Section 810.01(3) of the Criminal Code of Canada establishes the legal process and requirements in the country for individuals seeking protection against possible harm or fear. This section outlines the procedure in which an individual can seek an order from a provincial court judge that mandates another person to enter into a recognizance to keep the peace and be of good behaviour for a stipulated period of time, not exceeding 12 months. This provision provides protection to the victim by ensuring that the accused keeps the peace and avoids any act that might cause harm or fear to the informant. The provision provides several safeguards that aim to prevent misuse or abuse of the legal process by interested parties. Firstly, the provision requires the informant (the person seeking protection) to provide reasonable grounds for their fear to the provincial court judge. The grounds must be based on credible and admissible evidence to support the application for an order under section 810.01(3). This requirement aims to ensure that the fear expressed by the informant is genuine and reasonable. It also ensures that the application process is not based on frivolous or fabricated grounds that disregard the right of the accused to a fair trial. Nevertheless, the requirement for reasonable grounds may pose a challenge for some victims who may experience difficulties in providing tangible evidence to support their application for the order. Some victims suffer from emotional abuse or harassment that may be challenging to capture through evidence. It is therefore important that the court considers all the circumstances surrounding an individual case, including the victim's physical and emotional state, when making a determination of the fear of the informant. Another safeguard under section 810.01(3) is that it provides the accused with the opportunity to be heard before an order is issued against them. This opportunity allows the accused to present their case, forestalling the possibility of the complainant or the informant using false statements to obtain the order. The hearing guarantees the fairness of the process by allowing the accused to defend themselves, making it harder to enact the section maliciously against the accused. Much like other legal provisions, this section may face challenges in its effective legal application, such as those involving interplay with privacy laws. Obtaining admissible evidence or proof of reasonable grounds for fear may infringe on privacy rights in certain situations. In such cases, the courts may be required to strike a balance between the privacy rights of the accused and the safety of the informant. This balancing act is a key principle of the Canadian legal system, intending to ensure that the rule of law is upheld while protecting every individual's rights involved in the legal process. In conclusion, section 810.01(3) provides a platform for victims or those with reasonable fear such as stalkers, to obtain legal protection against possible harm or intimidation. Its use should, however, be based on credibility and admissible evidence to prevent misuse, ensuring fairness, and respect for the rights of every party involved.
STRATEGY
Section 810.01(3) of the Criminal Code of Canada is an important tool that is used to prevent harm to an individual who has reasonable grounds to fear for their safety. The section provides a legal framework for obtaining an order that requires the accused person to enter into a recognizance to keep the peace and be of good behaviour, thereby preventing them from committing a violent or aggressive act. Strategic Considerations When dealing with the section, there are several strategic considerations that an individual should keep in mind, including: 1. Collecting Evidence: The key to obtaining an order under Section 810.01(3) is to provide sufficient evidence to the judge to prove that the informant has reasonable grounds to fear for their safety. Collecting evidence that supports this claim is critical, as the judge will consider the evidence carefully and make a decision based on its strength. 2. Timing: The timing of the application is critical. If an individual is in immediate danger, they should call the police and obtain a restraining order. If the situation is less pressing, they can take the time to collect the necessary evidence and make an application under Section 810.01(3) in a more strategic and effective manner. 3. Choice of Lawyer: It is important to choose a lawyer who has experience in handling cases related to Section 810.01(3) of the Criminal Code of Canada. An experienced lawyer will be well-versed in the legal arguments that can be made in support of the application and will have a good understanding of the legal process involved. 4. Communication: Good communication with the Crown prosecutor, as well as with the individua,l against whom you are seeking the protection order, is crucial. A sensible, dignified and non-confrontational approach is essential. Successful outcomes are often achieved through a mutual agreement. Strategies that Could be Employed To be successful in obtaining an order under Section 810.01(3), some strategies that could be employed include: 1. Establishing the Fear: The most important step is to confirm that the informant has reasonable grounds for the fear. This can be accomplished by collecting evidence that supports the claim, such as police reports, emails, text messages or witness statements. 2. Positive Presentation: A positive representation of the client before the provincial court judge is essential. Facts that demonstrate that client is a responsible and reasonable member of society are important. For instance, highlighting the client's community involvement, employment and family life can support the case in court. 3. Expert Testimony: Expert testimony can be used to establish the fear and the extent of the danger involved. This may include the opinion of a psychiatrist, social worker or a lobbying group's experience with the individual accused. 4. Imposing Conditions: When the judge issues a protection order, it may include conditions that the individual must comply with. Conditions may include things to avoid, such as; avoiding contact with the individual, staying away from the person's residence or workplace, and avoiding places where the individual is likely to be. In conclusion, Section 810.01(3) of the Criminal Code of Canada can be a highly effective tool for protecting individuals who have reasonable grounds to fear for their safety from violent or aggressive acts. Employing the aforementioned strategies and approaching the situation carefully can assist in the successful application of the section. Communication, positive presentation, and expert testimony are powerful tools to address these difficult and often traumatic circumstances.