INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge to order a defendant to enter into a recognizance if there are reasonable grounds for an informants fear, for up to 12 months.
SECTION WORDING
810.1(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 that does not exceed 12 months.
EXPLANATION
Section 810.1(3) of the Criminal Code of Canada lays out the process for issuing a recognizance order in cases where an informant has reasonable grounds to fear personal harm from someone else. This section is part of Canada's legal framework for addressing situations where someone may be at risk of harm from another person, such as in cases of domestic violence, harassment, or stalking. When someone has reasonable grounds to fear harm from another person, they can go to a provincial court judge and request a recognizance order. This order requires the person who is perceived as a threat to enter into a recognizance, which is essentially a legal agreement between the defendant and the court. The conditions of the recognizance may require that the defendant keep the peace and stay away from the person making the complaint, among other things. The period of time during which the recognizance is in place cannot exceed 12 months. Before issuing a recognizance order, the provincial court judge must be satisfied that the informant has reasonable grounds for their fear. The judge will review the evidence presented and determine whether it meets the required standard. If the judge is satisfied that a recognizance is needed, they will issue one with appropriate conditions. Failure to comply with the conditions of the recognizance can result in further legal consequences for the defendant. By providing a legal avenue for addressing situations where someone has reasonable grounds to fear harm from another person, section 810.1(3) of the Criminal Code of Canada helps to promote safety and prevent violence. The use of recognizance orders allows individuals who may be at risk to take proactive measures to protect themselves, while also ensuring that those who pose a risk are held accountable for their behaviour.
COMMENTARY
Section 810.1(3) of the Criminal Code of Canada is a legal provision that is used in situations where a person fears for their safety due to the threatening behaviour of another individual. This section of the Criminal Code is referred to as a "peace bond," which is an order that is issued by a court to ensure the peace and safety of an individual who has reasonable grounds to fear violence or harm. According to the provision, if the provincial court judge before whom the parties appear is satisfied by the evidence presented 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 that does not exceed 12 months. This means that an individual who is causing another person to fear for their safety can be ordered by the court to keep the peace and refrain from any harmful or threatening behaviour for up to 12 months. The provision is crucial in protecting individuals who are at risk of harm from another person. It allows them to seek legal recourse and obtain an order from the court that compels the other person to refrain from causing harm. This provision can be used in a variety of situations, such as cases of harassment, domestic violence, and stalking. A peace bond can only be issued if there are reasonable grounds for the fear. This means that the informant must provide sufficient evidence to the court to support their claim. This evidence can include witness statements, police reports, and other relevant documentation. The judge will then weigh the evidence and determine if there are reasonable grounds for the fear. If the judge decides that a peace bond is necessary, the defendant will be ordered to enter into a recognizance. This recognizance is essentially a promise to the court that the defendant will keep the peace and comply with any other conditions that the court may impose. These conditions can include staying away from the informant, refraining from any contact with them, or even moving out of their home. If the defendant violates the peace bond, they could face serious consequences, including fines and imprisonment. This is because a peace bond is a legal order that carries the weight of the law. Violating it is considered a criminal offence and can result in criminal charges being laid. In conclusion, Section 810.1(3) of the Criminal Code of Canada is an important provision that helps protect individuals who are at risk of harm from another person. It provides them with the legal tools to seek recourse and obtain an order from the court that compels the other person to keep the peace. It is a valuable tool in cases of domestic violence, harassment, and stalking, and plays a crucial role in ensuring the safety and security of individuals in Canada.
STRATEGY
Section 810.1(3) of the Criminal Code of Canada allows a person to seek a recognizance order against another person if they have reasonable grounds to believe that the other person may commit a serious personal injury offence against them. The order requires the defendant to enter into a recognizance to keep the peace and be of good behavior for up to 12 months. This provision serves as an important tool for those who fear for their safety, and it is crucial that it is used strategically. Strategic considerations when dealing with Section 810.1(3) include the following: 1. Timing Timing is an important consideration when seeking a recognizance order. In most cases, it is best to seek the order as soon as possible after the fear arises. Delay can harm the credibility of the informant's claim that they are in fear, and a judge could be less likely to grant the order if they believe the issue is not pressing. 2. Evidence The evidence that is presented is critical. To seek a recognizance order, the informant must have reasonable grounds to believe that the defendant may commit a serious personal injury offence against them. If there is insufficient evidence to support the claim, the judge may not grant the order. It is therefore essential to gather and prepare all relevant evidence carefully. 3. Seek Legal Assistance While an individual can initiate the process of seeking a recognizance order, it is advisable to seek legal assistance. A lawyer can help prepare the evidence and the application to ensure that it is complete and will be considered positively by the judge. 4. Conduct Prior to the Application The informant's conduct prior to the application for the recognizance order is also essential. If they engaged in behavior that could be viewed as provocative or confrontational, it could harm their credibility before the court. Informants should avoid behavior that could be viewed negatively and should present themselves as responsible and credible. 5. Use as a Last Resort A recognizance order is a powerful tool, and it should not be used lightly. Before seeking such an order, it is essential to explore all other available options to resolve the situation. In some cases, informal methods of resolving conflicts may be more appropriate and effective. Strategies that could be employed to obtain a recognizance order include the following: 1. Gathering and presenting evidence to support the claim that the informant has reasonable grounds to believe that the defendant may commit a serious personal injury offence against them. 2. Working with a lawyer to ensure that the evidence and application are complete and compelling. 3. Avoiding confrontational or provocative behavior that could harm the informant's credibility. 4. Seeking the order as soon as possible after the fear arises to demonstrate the pressing nature of the situation. 5. Considering other options before applying for the order, such as mediation or informal conflict resolution. In conclusion, Section 810.1(3) of the Criminal Code of Canada is a critical tool to protect victims of serious personal injury offences. To use it effectively, strategic considerations must be carefully taken into account, and appropriate strategies should be employed. A lawyer can help ensure that all evidence is considered, and the order will be granted. Delay should be avoided, and all other options to resolve the conflict should be considered before seeking a recognizance order.