INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge to order a defendant to enter into a recognizance to keep the peace and be of good behaviour for up to 12 months if the informant has reasonable grounds for fear.
SECTION WORDING
810.2(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 810.2(3) of the Criminal Code of Canada pertains to the apprehension of potential harm to a person or property. This section provides that if an informant is deemed to have reasonable grounds for fear, a provincial court judge may order the defendant to enter into a recognizance to keep the peace and be of good behaviour for a period not exceeding 12 months. The purpose of this section is to prevent any potential harm to a person or property. This section recognizes that sometimes individuals may have genuine fears and concerns for their safety, and it is the duty of the court to provide them with adequate protection. The court, therefore, has the authority to require the defendant to enter into an undertaking to refrain from committing any criminal acts and to keep the peace for a specified period. To satisfy this section, the informant must provide evidence that substantiates their apprehension of harm. This evidence could include past incidences of violence, threats, or any other relevant information that may indicate potential harm. The court must then review the evidence presented and make a determination on whether reasonable grounds for fear exist. Overall, Section 810.2(3) is an important tool in ensuring the safety of individuals and property, particularly in cases where there may be a genuine fear of harm. The section provides a means for the court to intervene and prevent potential criminal acts, while also ensuring that the rights of the defendant are protected.
COMMENTARY
Section 810.2(3) of the Criminal Code of Canada is a legal provision that deals with the issue of fear of injury, harassment, or damage to property that may be felt by a person for themselves or their property. The section allows a person to lay an information before a provincial court judge invoking the provisions of the Criminal Code if they have reasonable grounds to believe that an offender will cause injury, harassment, or damage to the informant or their property. The person who files the information is called 'the informant'. The information is used to obtain a recognizance, which is a formal promise to the court to follow certain conditions, and if these conditions are not met, the offender may face charges of a criminal offence. This section of the Criminal Code is often used in situations of domestic violence, harassment of a person or their property, and stalking. It is a useful provision because it enables a person to obtain legal protection without having to go through the difficult process of proving that they are in danger of imminent harm. In this sense, it provides a pre-emptive measure that can prevent an offence from being committed and helps to promote the safety and security of those who feel threatened. However, there are limitations to this provision. Firstly, it must be proven that the informant has reasonable grounds to believe that they are in danger. This means that the evidence submitted must be convincing enough for a judge to consider it a credible threat. If the judge is not satisfied by the evidence, the provision cannot be invoked. This can disadvantage people who cannot provide sufficient evidence but still feel threatened. Secondly, this provision can only be invoked for a period of up to 12 months. After this period has elapsed, the person seeking protection must again provide evidence of a threat of harm to reapply for protection. This can be a considerable burden, especially for victims of domestic violence or harassment cases, who may be reluctant to engage with the legal system repeatedly. Another issue with this provision is that it does not result in a criminal conviction, but instead, it leads to a recognizance. While this provides some protection, it does not deter offenders from continuing to harass or stalk the victim once the recognizance period expires. This means that additional legal measures may be needed to ensure the victim's safety beyond the 12-month period provided by the provision. In conclusion, Section 810.2(3) of the Criminal Code of Canada is an essential legal provision that provides pre-emptive measures to protect individuals and their property from harm in the absence of immediate and imminent danger. While it has limitations, it remains a powerful tool in preventing harm and promoting public safety and social justice. However, its limitations highlight the need for revisiting the provision, considering the dynamics of interpersonal violence and harassment, and evaluating its effectiveness in addressing these issues.
STRATEGY
Section 810.2(3) of the Criminal Code of Canada provides a legal mechanism for individuals who fear for their safety due to the threatening or violent behavior of another individual. This section allows individuals to seek a peace bond against the other person, which requires them to enter into a recognizance to keep the peace and be of good behavior for up to 12 months. However, applying for a peace bond can be a strategic decision that requires careful consideration of the potential outcomes and options available to the parties involved. One critical strategic consideration when dealing with section 810.2(3) is whether to pursue criminal charges or a peace bond. In some cases, the evidence available may be weak, and a conviction may be challenging to obtain. In these situations, seeking a peace bond may be a more viable option. A peace bond requires a lower standard of proof than criminal charges, which means that a person may be more likely to succeed in obtaining a peace bond than in securing a criminal conviction. Additionally, a peace bond can help to protect the victim without the need for a trial, which may be faster and less-stressful for the victim. Another strategic consideration is how to present evidence to the judge. When seeking a peace bond, it is essential to provide the judge with evidence that shows that the person seeking the peace bond has a reasonable fear for their safety. Evidence can include police reports, medical records, witness statements, and any other documents that support the claim of violence or threats. Choosing the most persuasive evidence can be critical in securing a peace bond, and an experienced lawyer can help to gather and present this evidence effectively. Another strategic consideration is the duration of the peace bond. Section 810.2(3) allows for peace bonds to last for up to 12 months, but in some cases, it may be necessary to seek a longer bond. The length of the bond can depend on the severity of the threats or violence, the risk of the behavior continuing, and the potential damage that the behavior could cause. A skilled lawyer can help to argue for an appropriate duration of the peace bond that balances the need for safety with the rights of the accused. Finally, parties should consider the potential collateral effects of seeking a peace bond. While a peace bond can provide a measure of protection, it can also have negative consequences for the accused, such as creating a criminal record or limiting their ability to travel or obtain employment. As such, before seeking a peace bond, parties should weigh the potential consequences and consider alternatives, such as mediation, that may offer a less adversarial resolution. In conclusion, section 810.2(3) of the Criminal Code of Canada is a valuable tool for individuals who fear for their safety due to the dangerous or threatening behavior of another person. However, applying for and obtaining a peace bond requires a strategic approach that considers the potential outcomes, available evidence, and collateral effects of seeking one. By working with skilled legal counsel, parties can maximize their chances of securing a peace bond that provides the necessary protection while balancing the rights of all parties involved.