Criminal Code of Canada - section 810(4)

section 810(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the use of specific forms for recognizance and committal to prison in default of recognizance under subsection (3) of the Criminal Code of Canada.

SECTION WORDING

810(4) A recognizance and committal to prison in default of recognizance under subsection (3) may be in Forms 32 and 23, respectively.

EXPLANATION

Section 810(4) of the Criminal Code of Canada governs the procedures related to the issuance of a recognizance and the committal to prison in the event of a breach of recognizance under subsection (3) of section 810. Section 810 is a preventive provision that allows a person who fears for their safety or the safety of their property to apply for an order from the court against a specific individual who they believe poses a risk to them. The order can contain conditions such as prohibiting contact, forbidding the individual from going near certain places, and requiring them to keep the peace towards the applicant. If the court grants the order and the defendant breaches any of the conditions, then the defendant may be subject to a criminal charge. As per section 810(3), if the defendant fails to comply with the order, then the court may require them to enter into a recognizance for a period of up to 12 months, with or without sureties, and with such conditions as the court deems fit to ensure compliance with the order. Section 810(4) provides for the forms to be used to issue a recognizance and to commit a person to prison if they fail to enter a recognizance under subsection (3). Form 32 is used to issue the recognizance, and it includes details of the conditions and requirements imposed by the court. A person who fails to enter a recognizance may be committed to prison, and Form 23 sets out the details of the committal order. In summary, section 810(4) forms part of the procedural framework for enforcing the conditions of an order issued under section 810 of the Criminal Code. The section provides clarity regarding the forms that must be used when issuing a recognizance and committing a person in default of recognizance to prison.

COMMENTARY

Section 810(4) of the Criminal Code of Canada is an important provision that outlines the procedural requirements for imposing a recognizance and committing an individual to prison in default of such recognizance. This section of the Criminal Code is designed to ensure public safety by allowing law enforcement authorities to take proactive measures against individuals who are believed to pose a threat to the community. Essentially, section 810(4) of the Criminal Code sets out the process for obtaining a recognizance order against a person who is believed to be likely to commit a serious personal injury offence. The section provides that a recognizance and committal to prison in default of recognizance may be issued under Forms 32 and 23, respectively. A recognizance order is a legal document that requires an individual to abide by certain conditions, such as a curfew or staying away from specific individuals or locations. If the individual fails to comply with these conditions, they may be arrested and re-committed to prison. A recognizance order may be requested by a peace officer or the Crown attorney, and must be supported by evidence that the individual is likely to commit a serious personal injury offence. This evidence must be presented before a justice of the peace or a judge, who will assess whether the evidence is sufficient to warrant the issuing of a recognizance order. The purpose of section 810(4) is to prevent individuals who are likely to commit serious personal injury offences from causing harm to members of the public. By issuing a recognizance order, authorities can ensure that these individuals are subject to certain conditions that restrict their ability to commit such offences. The order also provides law enforcement with a tool to monitor the individual's activities and detect any breaches of the conditions. While recognizance orders may be necessary in some cases, there have been concerns about the potential abuse of this power. In particular, some critics have argued that these orders may be issued on the basis of dubious evidence, or that they may be used as a tool for racial profiling or other biased practices. To address these concerns, it is important that the evidentiary standards for issuing a recognizance order are high and that the process is transparent and subject to judicial oversight. It is also essential that law enforcement authorities are properly trained to use this power responsibly and to avoid any abuses of power. Overall, section 810(4) of the Criminal Code of Canada is an important provision that serves to protect public safety by providing law enforcement authorities with a tool to proactively prevent serious personal injury offences. At the same time, however, it is crucial that this power is used responsibly and with due regard for civil liberties and other fundamental rights.

STRATEGY

Section 810(4) of the Criminal Code of Canada provides a legal tool for addressing threats of violence or harm before they occur. Under this section, an individual who is believed to pose a significant risk to the safety of others may be required to enter into a recognizance, which is a legally binding promise to obey certain conditions. If the individual fails to comply with the conditions of the recognizance, they may be committed to prison until the matter is resolved. This section can be a powerful tool for protecting vulnerable individuals or groups, but it also raises a number of strategic considerations that must be taken into account. One of the key strategic considerations when dealing with Section 810(4) is how to balance the need to protect individuals and public safety with the rights of the accused. In many cases, the allegations of violence or harm may be based on circumstantial evidence, or may be the result of misunderstandings or personal disputes. It is therefore essential to ensure that the evidence against the accused is robust and reliable, and that any decision to apply for a recognizance is based on a careful assessment of the risks involved. Another strategic consideration is the impact that the application for a recognizance may have on the accused's reputation and standing in the community. In many cases, individuals who are subject to an order under Section 810(4) may feel stigmatized or ostracized, and may face significant challenges in rebuilding their lives after the matter has been resolved. It is therefore important to consider the potential impact of the application on the accused, and to take steps to minimize any negative consequences. Finally, it is essential to consider the potential consequences of a failure to secure a recognizance or comply with its terms. While a commitment to prison is a powerful tool for enforcing compliance, it can also have serious impacts on the accused's life and wellbeing. It may be necessary to explore alternative enforcement strategies, such as community-based supervision or therapy, that can address the underlying issues that led to the risk of harm in the first place. There are a number of strategies that can be employed when dealing with Section 810(4). One important strategy is to ensure that any application for a recognizance is based on solid evidence and a careful assessment of the risks involved. This may involve consulting with experts in the field, such as psychologists or law enforcement officials, to gather information and assess the level of risk presented by the accused. Another strategy is to work closely with the accused and their legal counsel to ensure that they understand the implications of the application and are able to participate fully in the process. This may involve providing support and resources to help the accused comply with the terms of the recognizance and address any underlying issues that may be contributing to the threat of harm. Finally, it may be necessary to engage with community groups and other stakeholders to ensure that they understand the rationale behind the application and are able to offer support to both the accused and any potential victims. This may involve educating the community about the risks of violence and the importance of taking proactive steps to address them, as well as working with local organizations to provide resources and support to those who may be affected. In conclusion, Section 810(4) of the Criminal Code of Canada provides a powerful tool for addressing threats of violence and harm before they occur. However, its application raises a number of strategic considerations that must be taken into account. By carefully assessing the risks involved, working closely with the accused and their legal counsel, and engaging with the community, it is possible to use this section to protect vulnerable individuals and promote public safety.