section 810.1(4)

INTRODUCTION AND BRIEF DESCRIPTION

Provincial court judges can vary the conditions of a recognizance upon the request of the informant or the defendant.

SECTION WORDING

810.1(4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

EXPLANATION

Section 810.1(4) of the Criminal Code of Canada allows for the conditions of a recognizance order to be modified by a provincial court judge upon application by either the informant or defendant. A recognizance order is a court-ordered promise to follow certain conditions for a specified period of time, typically used in cases where there is a fear of a person committing a serious personal injury offence. The ability to modify the conditions of a recognizance order is important in ensuring that the order remains reasonable and relevant to the situation at hand. For example, if the original conditions of the order are overly restrictive or not necessary, a judge may choose to modify them to better fit the circumstances of the case. It is important to note that both the informant (the person who brings the information to the attention of the court) and the defendant (the person against whom the order is made) have the ability to apply for modification, which helps to ensure that the process is fair and balanced. Overall, Section 810.1(4) provides an important mechanism to ensure that recognizance orders remain appropriate and effective tools in preventing serious personal injury offences. By allowing for modifications to be made as circumstances change, the court is better able to tailor these orders to the specific needs of individual cases.

COMMENTARY

Section 810.1(4) of the Criminal Code of Canada allows for a provincial court judge to vary the conditions set out in a recognizance, upon application by either the informant or the defendant. This provision serves an important purpose within the Canadian criminal justice system, as it provides individuals who are subject to a recognizance with some flexibility in the conditions imposed upon them, ensuring that they are not unduly burdened or limited in their activities. Recognizances are often used in Canadian criminal law as a means of ensuring that individuals who have been accused of certain offenses, but who have been released from custody pending trial or sentencing, are subject to conditions that restrict their behavior or movements in some way. These conditions may include requirements that the individual remain in their home, refrain from contacting certain individuals, or abstain from consuming alcohol or drugs. The purpose of these conditions is to ensure the safety of the public and the alleged victim, as well as to prevent the individual from engaging in further criminal activity before their case is resolved. While these conditions can be effective in achieving their intended goals, they can also be overly restrictive or burdensome on the individual subject to them. For example, a condition that prohibits an individual from leaving their home may prevent them from attending work or caring for their family, while a condition that prohibits contact with certain individuals may limit their ability to seek support or assistance from friends or family members. In some cases, these conditions can exacerbate the negative consequences of being charged with a criminal offense, by creating significant hardship or impeding the ability of the accused to move forward with their life. Section 810.1(4) of the Criminal Code of Canada provides a mechanism through which individuals subject to a recognizance can seek relief from these conditions if they are found to be too onerous. The provision allows for an application to be made by either the informant or the defendant, which means that individuals subject to a recognizance have some agency in the conditions that are imposed upon them. This is important, as it allows for the recognition of the individual circumstances of each case, and ensures that the conditions set out in a recognizance are proportionate and appropriate in light of the specific situation. Overall, section 810.1(4) of the Criminal Code of Canada is an important provision that contributes to the fair and effective administration of justice in Canada. While recognizances serve an important purpose in ensuring public safety and accountability for criminal behavior, they can also be overly restrictive or onerous in some cases. The ability for individuals subject to these recognizances to seek relief from these conditions through an application to a provincial court judge ensures that they are not unduly burdened or limited in their activities, and that the conditions set out in their recognizance are proportionate and appropriate in light of the specific situation.

STRATEGY

Section 810.1(4) of the Criminal Code of Canada allows for the variation of conditions fixed in a recognizance. A recognizance is a legal agreement between an accused individual and the court that requires the accused to comply with certain conditions in exchange for their release from custody. These conditions may include things like reporting to a probation officer, remaining within a certain geographic area, or abstaining from drugs or alcohol. There are a number of strategic considerations that can come into play when dealing with this section of the Criminal Code. Some of these considerations may include the nature of the conditions that have been imposed, the specific requirements of the accused, and the potential consequences of varying the conditions. One strategy that could be employed in dealing with Section 810.1(4) is to carefully evaluate the conditions that have been imposed and determine whether they are reasonable and necessary for the accused's release. If it can be argued that certain conditions are excessive or unnecessary, a lawyer may be able to apply to vary the conditions in order to make them more reasonable or less onerous. For example, if an accused is required to report to a probation officer multiple times per week, this may be an unreasonable burden that could impact their ability to work or care for their family. Another strategic consideration when dealing with this section of the Criminal Code is the specific needs of the accused. For example, if an accused is required to abstain from drugs or alcohol as a condition of their release, but has a substance abuse problem, it may be in their best interests to have this condition modified to include some form of treatment or support. By doing so, the accused may be more likely to successfully comply with the conditions of their release and avoid reoffending. A third strategic consideration is the potential consequences of varying the conditions of the recognizance. For example, if an accused has been released on certain conditions that are designed to prevent them from contacting a victim or witness in their case, the Crown may argue that varying these conditions could put the safety of others at risk. In such cases, it may be necessary for a defendant to present a compelling argument that the modified conditions will not compromise the safety of others. In conclusion, Section 810.1(4) of the Criminal Code of Canada allows for the variation of conditions fixed in a recognizance. Strategic considerations when dealing with this section may include determining whether conditions are reasonable and necessary, considering the specific needs of the accused, and weighing the potential consequences of varying the conditions. By carefully evaluating these factors and employing appropriate strategies, defendants may be able to successfully modify the conditions of their release in a way that supports their continued compliance with the law.