section 810.2(5.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the judge to specify how items in the defendants possession should be surrendered or dealt with if certain conditions are added to their recognizance.

SECTION WORDING

810.2(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendants possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

EXPLANATION

Section 810.2(5.1) of the Criminal Code of Canada is a provision that pertains to the issuance of recognizances. A recognizance is an agreement between a defendant charged with an offence and a court of law that requires the defendant to comply with certain conditions. In cases where the court deems it necessary, certain conditions may be added to the recognizance to ensure public safety and prevent further criminal activity. Subsection (5) of this section outlines the conditions that may be added to a recognizance, which includes requiring the defendant to surrender any weapons, objects or things that may be used to commit an offence, and to refrain from possessing such items. The judge may also demand that the defendant surrender any authorizations, licenses and registration certificates that they possess. Subsection (5.1) specifies that if any of the conditions outlined in subsection (5) are added to a person's recognizance, then the judge must provide clear instructions on how the defendant should surrender or dispose of the items in question and what steps they should take to surrender any licenses or authorizations they may have. Essentially, this provision ensures that the conditions are enforced and the defendant complies with them. In summary, Section 810.2(5.1) of the Criminal Code of Canada provides guidance on how to enforce conditions that may be added to a recognizance to prevent public harm and ensure that the defendant complies with specific conditions necessary for public safety. This helps to ensure that the justice system is able to administer effective remedies to prevent further criminal activity and protect the public.

COMMENTARY

Section 810.2(5.1) of the Criminal Code of Canada deals with the circumstances under which a provincial court judge may add conditions to a recognizance. Specifically, the section requires the judge to specify how certain items possessed by the defendant should be surrendered, disposed of, detained, stored or dealt with. The section also requires the judge to specify how authorizations, licenses and registration certificates held by the defendant should be surrendered. This section is important because it helps to ensure that potentially dangerous items, such as weapons, are not in the possession of individuals who have been deemed to be a threat to public safety or the safety of individuals. By requiring the provincial court judge to specify how these items should be dealt with, the section ensures that the items are not simply returned to the defendant or disposed of in a haphazard manner. Furthermore, by requiring the surrender of authorizations, licenses and registration certificates, the section ensures that individuals who have been deemed to be a threat to public safety are not able to continue to possess items such as firearms or vehicles that require licenses or registration. This can help to prevent further harm to individuals and communities. It is important to note that the conditions added by the provincial court judge are only added in cases where an individual has been deemed to be a threat to public safety or the safety of individuals. This determination is made after a hearing, during which evidence is presented and the defendant has the opportunity to respond. Overall, section 810.2(5.1) of the Criminal Code of Canada is an important provision that helps to ensure that potentially dangerous items are not in the possession of individuals who have been deemed to be a threat to public safety. By requiring the provincial court judge to specify how these items should be dealt with, the section helps to prevent further harm to individuals and communities.

STRATEGY

Section 810.2(5.1) of the Criminal Code of Canada is an important tool in managing risk in cases where there is a concern for public safety or the safety of an individual or group. The section grants the provincial court judge the authority to add conditions to a recognizance that may deal with the surrender or disposal of weapons, authorizations, licences and registration certificates. This is a critical tool that can be used to manage various scenarios, including addressing bail or sentencing, reducing potential harm, or preventing the escalation of violence. To make an effective strategic plan for using this section of the Criminal Code of Canada, one must first identify the potential threat or risk that needs to be managed and an understanding of the context in which the threat is presented. There are various strategies that can be employed to effectively manage risk in these situations. Some strategic considerations include: 1. Evaluating the Risk: The first and foremost step is to evaluate the potential risk that the defendant presents. The court must recognize the danger and assess the likelihood of harm posed to the public or an individual. This can be done through a comprehensive assessment of the defendant's criminal history, any history of violence, mental health status, and other relevant factors. A threat assessment can also be performed to understand the nature of the risk and the potential severity of injury or damage that could result. 2. Developing a Risk Management Plan: After evaluating the risk, the next step is to develop a risk management plan that outlines how the defendant's possessions and authorizations will be handled to manage the potential risk. This plan should be based on the risk assessment and should be tailored to address the specific nature of the threat posed by the defendant. 3. Implementing the Plan: Once a risk management plan has been developed, it must be implemented effectively. A key consideration is the level of supervision required to ensure that the defendant is complying with the conditions of the recognizance, including the surrender and disposal of possessions and authorizations. This can be achieved through regular check-ins, home visits, or other monitoring mechanisms. 4. Communication: Communication is a vital component of managing this section of the Criminal Code of Canada. All parties involved in the case must be aware of the risks, the risk management plan, and the roles and responsibilities of everyone involved. Communication between the court, prosecution, defense counsel, and other relevant agencies must be timely, accurate and effective. In summary, Section 810.2(5.1) of the Criminal Code of Canada is an important tool for managing risk and preventing harm. To use this effectively, the court should evaluate the risk, develop a risk management plan, implement the plan, and communicate effectively with all parties involved in the case. By doing so, the court can take steps to mitigate risks and promote public safety.