INTRODUCTION AND BRIEF DESCRIPTION
810(1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.
Section 810(1) of the Criminal Code of Canada provides individuals with a legal mechanism to protect themselves and their loved ones from potential harm or damage caused by other individuals. This section enables an individual to lay an information before a justice if they have a reasonable fear that another person might cause personal injury or damage their property. In order to initiate proceedings under this section, the individual must gather sufficient evidence to demonstrate that the fear of personal injury or property damage is reasonable. This evidence may include previous threats, acts of violence, or any other behavior that indicates that the individual in question poses a real and imminent threat. Once the information is laid, the justice will assess whether the evidence provided is sufficient to warrant an order for protection. If it is deemed necessary, the justice can make an order prohibiting the individual in question from any specified activities or from being in proximity to the person seeking protection. The order may also specify conditions that must be met by the individual before they are allowed contact with the person seeking protection. An order made under section 810(1) is not a criminal conviction, but rather a protective measure aimed at preventing harm or damage. Violating an order made under this section can result in criminal charges, and the individual may face imprisonment or other penalties. Overall, section 810(1) provides a valuable avenue for individuals to protect themselves and their loved ones from potential harm or damage. It ensures that individuals have access to legal protections when they have reason to believe that someone else poses a threat to them, their family, or their property.
Section 810(1) of the Criminal Code of Canada provides an important measure of protection for individuals who fear personal injury or damage to their property from another person. This section allows individuals to lay an information before a justice when they have reasonable grounds to believe that they are in danger, and seek an order to prevent the other person from causing harm. The key element of section 810(1) is the requirement for reasonable grounds to fear personal injury or damage. This means that the fear must be based on some objective evidence, such as a history of physical or verbal abuse, threats, or other forms of harassment. This threshold is important because it ensures that the protection afforded by this section is not being abused by individuals who might have unfounded fears or who are seeking to harass or abuse others. The scope of protection offered by section 810(1) is also quite broad. It allows individuals to seek protection not just for themselves but also for their spouse or common-law partner, child, or property. This recognizes the fact that harm to one member of a family or to property can have a ripple effect on others, and seeks to prevent this harm from occurring in the first place. When an individual lays an information under section 810(1), a justice can issue an order requiring the other person to enter into a recognizance with conditions to ensure that they do not commit the feared acts. This can include conditions such as staying away from the person seeking protection, refraining from communicating with them, or abstaining from alcohol or drugs. Failure to comply with these conditions can result in criminal charges, and the breach of recognizance may be considered an aggravating factor in other criminal proceedings. While section 810(1) is an important tool for individuals seeking protection, it is not without its limitations. One of the main limitations is that it is a reactive measure - it only comes into play once an individual has already been threatened or is in fear of personal injury or property damage. This means that preventative measures, such as education and awareness campaigns, are still necessary to address the root causes of violence and abuse. Another limitation is the reliance on the justice system to provide protection. This can be a daunting process for individuals who are already feeling vulnerable or who have limited resources or support. It also requires a significant amount of evidence gathering and preparation in order to lay an information, which can be time-consuming and complex. Despite these limitations, section 810(1) remains an important protection measure in the fight against violence and abuse. By providing individuals with the ability to seek legal recourse when they are in fear of harm, the section sends a clear message that such behaviour will not be tolerated. It also holds individuals accountable for their actions, and provides a pathway for them to get the help they may need to address the underlying issues that may be driving their behaviour.
Section 810(1) of the Criminal Code of Canada is a valuable tool that can be used by individuals who fear harm from another individual. The section allows a person to lay an information before a justice if they have reasonable grounds to believe that another person will cause them personal injury or damage their property. The information may be laid on behalf of themselves, their spouse or common-law partner, or their child. When dealing with section 810(1), there are several strategic considerations that should be taken into account. One of the most critical factors is ensuring that there is a sufficient evidentiary basis to support the application. The individual must have reasonable grounds to believe that they are at risk of harm from the other person. This can include threats or other forms of aggressive behavior, history of violence, or other relevant factors. Another important consideration is the potential impact of the application on the relationship between the applicant and the other person. If the application results in an order being made, the other person may be subject to restrictions on their behavior, which could impact their ability to interact with the applicant. In some cases, this may be desirable, but in other situations, it could be undesirable. One of the most effective strategies that can be employed when making an application under section 810(1) is to work closely with law enforcement agencies. The police can provide valuable support and advice throughout the application process. They can also conduct an investigation to gather evidence that can be used to support the application. It is also essential to obtain legal advice when dealing with section 810(1). An experienced lawyer can provide guidance on the legal and practical aspects of making the application. They can also represent the applicant in court and argue their case to the judge. In some cases, it may be appropriate to seek a peace bond under section 810(2) of the Criminal Code. A peace bond is an order made by a judge that requires an individual to keep the peace and be of good behavior. A peace bond can be a useful alternative to a restraining order or other forms of legal action. Finally, it is essential to consider the potential consequences of making an application under section 810(1). In some cases, the other person may respond aggressively, which could result in a more dangerous situation. It is essential to take steps to ensure personal safety and to work with law enforcement agencies to mitigate the risks. In conclusion, section 810(1) of the Criminal Code of Canada can be a valuable tool for individuals who fear harm from another person. When dealing with this section, it is essential to consider the evidentiary basis for the application, the potential impact on the relationship between the applicant and the other person, and the need for legal advice and support. Working closely with law enforcement agencies and seeking a peace bond may also be effective strategies. Finally, it is critical to be aware of the potential risks and to take steps to ensure personal safety.