section 810(3.11)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for a justice or summary conviction court to specify the manner of surrendering possessions and authorizations when adding conditions to a recognizance order.

SECTION WORDING

810(3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which (a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

EXPLANATION

Section 810(3.11) of the Criminal Code of Canada outlines the procedures that must be followed when a court adds a condition to a recognizance order that requires an accused individual to surrender or dispose of certain items, such as weapons or illicit substances, or to surrender authorizations, licenses, or registration certificates. The section specifies that the court must include in the order the manner and method by which the items or documents will be surrendered, detained, stored, or dealt with. This ensures that the accused individual is fully aware of their responsibilities and obligations and can comply with the order accordingly. The purpose of this condition is to prevent the accused from committing further offences and to ensure the safety of themselves and others around them. By surrendering or disposing of certain items or documents, the accused is effectively removing potential tools or means for committing further offences. In summary, section 810(3.11) is an important provision in the Criminal Code of Canada that provides a framework for ensuring that individuals who are subject to a recognizance order are aware of their responsibilities and obligations and take appropriate actions to comply with the order. This, in turn, helps to promote public safety and prevent further criminal activity.

COMMENTARY

Section 810(3.11) of the Criminal Code of Canada is a section that is aimed at ensuring that recognizance orders issued by the justice or summary conviction court contain specific information about the manner and method by which certain things are to be handled. This section is crucial in ensuring that any potential harm to the public is mitigated, and the individuals involved in the criminal justice system are managed in a manner that is consistent with the overall objective of the justice system - to protect society. Recognizance orders are court orders that are used to require an individual to appear in court at a future date, provide a guarantee of good behavior, or comply with specific conditions aimed at ensuring public safety. These conditions can include the surrender or disposal of weapons, the forfeiture of passports, or the imposition of a curfew. When the court adds a condition described in subsection (3.1), the court is obligated to specify in the order the manner and method by which the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored, or dealt with, and the authorizations, licenses, and registration certificates held by the person shall be surrendered. The requirement of specifying the manner and method by which certain things are to be handled ensures consistency and clarity in the handling of these conditions. It also ensures that the accused is aware of how the conditions should be handled, and that there are no misunderstandings or confusion about the proper procedures to be followed. For example, if an accused is required to surrender their firearms, it is essential that the procedures for doing so are clearly spelled out in the order, to avoid any confusion or misunderstandings about the process. One key benefit of section 810(3.11) is that it ensures effective and consistent management of individuals who are involved in the criminal justice system. By specifying the manner and method by which certain things are to be handled, this section ensures that all individuals are treated equally and that there are no special considerations given to any individual. This consistency creates trust in the justice system and ensures that the system is effective in protecting the public. Another benefit of section 810(3.11) is that it ensures public safety by requiring the authorities to handle potentially dangerous things, such as weapons or hazardous materials, in a safe and secure manner. By spelling out specific procedures for the handling of these items, this section ensures that the public is protected from any potential harm that may result from the misuse of these items. The clear procedures also provide an added layer of protection for law enforcement personnel responsible for handling these items, ensuring that they are aware of the correct procedures to follow in order to ensure that they are safe. In conclusion, Section 810(3.11) of the Criminal Code of Canada is a crucial section that ensures consistency and accountability in the handling of certain conditions imposed in a recognizance order. By specifying the manner and method by which certain things are to be handled, this section ensures that the public is protected, and individuals involved in the criminal justice system are managed in a manner consistent with the overall objective of the justice system. This section is a critical component of the Canadian criminal justice system, and it ensures that the system operates in a way that is effective, consistent, and accountable.

STRATEGY

Section 810(3.11) of the Criminal Code of Canada is a critical provision that empowers the justice or summary conviction court to impose conditions on individuals who pose a threat to public safety. Under this provision, an accused person who has been released on recognizance can be required to surrender certain items or documents that could be used to inflict harm and endanger the public. The section allows for a variety of conditions to be imposed, such as prohibiting the use of firearms, drugs, or alcohol, staying away from certain people or places, or requiring the accused to report to the police regularly. Strategic considerations when dealing with this provision of the Criminal Code of Canada depend on the specific circumstances of the case. The primary goal when dealing with this provision is to protect the public from harm while respecting the accused person's rights to due process and fair treatment under the law. This requires a careful balancing of interests between the accused, the victim, and the community. One strategy that could be employed is to seek the imposition of conditions that are tailored to the particular circumstances of the case. For example, if the accused has a history of drug or alcohol abuse, they may be required to attend counseling or treatment as a condition of their release. If the accused has a history of violent behavior, they may be required to stay away from certain people or places that could trigger their violent tendencies. Another key consideration is ensuring that the conditions imposed are reasonable and proportionate to the threat posed by the accused. Any conditions imposed must be justified by the evidence and must not be overly restrictive or punitive. For example, conditions that require the accused to surrender all their firearms, even though they have never used a firearm to commit a crime, may be seen as overly broad and unjustified. Finally, it is essential to ensure that the accused understands the conditions imposed on them and that they are provided with adequate support to comply with those conditions. Failure to comply with the conditions of a recognizance could result in the accused being re-arrested and facing additional charges. In conclusion, the strategic considerations when dealing with Section 810(3.11) of the Criminal Code of Canada require a careful balancing of interests. The primary goal is to protect the public from harm while respecting the accused's rights to due process and fair treatment under the law. Strategies that could be employed include tailoring conditions to the specific circumstances of the case, ensuring that conditions imposed are reasonable and proportionate, and providing support to the accused to comply with those conditions.