INTRODUCTION AND BRIEF DESCRIPTION
A person who violates a recognizance is guilty of an indictable offense or an offense punishable on summary conviction.
SECTION WORDING
811 A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.
EXPLANATION
Section 811 of the Criminal Code of Canada pertains to individuals who are bound by a recognizance after being charged with a particular offence that carries a potential threat to national security or public safety. The section declares that should any of these individuals violate the terms and conditions of their recognizance, they shall be guilty of an indictable offence or an offence punishable on summary conviction. The recognizance itself is a legal agreement with the court wherein individuals are required to comply with certain conditions, such as keeping the peace, complying with curfew restrictions, staying away from certain persons or locations, and more. Usually, those who are subjected to a recognizance are deemed to be a serious risk to society, and placing them under arrest proves counterproductive. Thus, a recognizance acts as a tool used by the court to ensure that the individual under its supervision stays out of trouble while pending trial. The punishment for breaching the terms of the recognizance is laid out in section 811, either an indictable offence or an offence punishable on summary conviction. An indictable offence, as the name suggests, is a more serious offence that is subject to trial by judge and jury, and if convicted, carries a maximum penalty of two years in imprisonment. Meanwhile, an offence punishable on summary conviction is less serious and punishable by fines and imprisonment for a term not exceeding six months. Overall, section 811 serves as a means of accountability for individuals deemed to pose a threat to public safety or national security without needing to be held in custody while awaiting trial. It emphasizes the importance of complying with court-ordered conditions to maintain community safety.
COMMENTARY
Section 811 of the Criminal Code of Canada plays a significant role in criminal justice as it deals with the punishment for those who commit a breach of recognizance. This section applies to individuals who are bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 of the Criminal Code of Canada and commit a breach of the recognizance. In Canada, a recognizance is a legal agreement that an individual enters into with a court or a judge. The purpose of a recognizance is to ensure that the individual will comply with certain conditions imposed upon them in return for their release from custody. For example, recognizance conditions can include prohibiting an individual from having contact with another person, staying away from certain locations, or restricting their ability to travel. A breach of recognizance is a serious offence and can result in the individual being charged and facing penalties. Under section 811 of the Criminal Code of Canada, a person who breaches their recognizance is guilty of an indictable offence and can face a maximum penalty of two years imprisonment. Alternatively, the individual can be charged with an offence punishable on summary conviction. This section provides a range of penalties that can be imposed by the court depending on the seriousness of the breach. The purpose of section 811 is to enforce the conditions in a recognizance and ensure the safety of the public. Recognizance conditions are designed to mitigate the risk that an individual poses to society. If an individual breaches their recognizance, they could potentially put others in danger. Therefore, it is essential to have a section in the Criminal Code of Canada that deals with the punishment for such actions. Section 811 also plays a role in deterrence. The threat of facing imprisonment can act as a deterrent for individuals who may be contemplating breaching their recognizance conditions. Knowing that they could face serious consequences could make the individual think twice before engaging in any actions that would violate their recognizance conditions. In conclusion, section 811 of the Criminal Code of Canada is an essential provision in the Canadian criminal justice system. Its purpose is to ensure compliance with conditions set out in a recognizance and to protect the safety of the public. The penalties outlined in this section serve as a warning to individuals who may be considering violating their recognizance conditions. Overall, this section is necessary for maintaining the integrity of the criminal justice system and keeping the public safe.
STRATEGY
Section 811 of the Criminal Code of Canada, which deals with breaches of recognizance orders, is a crucial provision that prosecutors and defense lawyers should be familiar with. This section provides for two offenses related to breaches of recognizances: an indictable offense, which can lead to a maximum punishment of two years' imprisonment, and a summary conviction offense, which is a less severe form of punishment that typically carries a shorter sentence. Therefore, any lawyer involved in a legal proceeding related to a breach of recognizance must weigh several strategic considerations before determining the best course of action. One of the key strategic considerations when dealing with section 811 is to determine whether the breach of recognizance has resulted in harm or potential harm to others. If there has been harm caused by the accused's breach, the prosecution may decide to pursue an indictable offense, which carries a more severe punishment. On the other hand, if the breach has not caused any harm or only potential harm, defending counsel may argue for a summary conviction offense. Another strategic consideration is to assess the specific facts and circumstances of the violation of the recognizance. Factors like the accused's prior criminal record, the nature of the violation, and the person's mental and emotional state at the time of the breach should also be taken into account. For example, if the breach was minor and the accused is a first-time offender, the defense lawyer may argue that a summary conviction is the appropriate response, rather than an indictable offense. It is also essential to consider the procedural aspects of the case when dealing with section 811. One important consideration is the burden of proof required to establish a breach of the recognizance. The prosecution must prove beyond a reasonable doubt that the accused has breached the recognized terms, and this may require a high standard of evidence. However, the defendant may provide evidence of their compliance with the conditions, and the court will assess the credibility of the evidence presented. Moreover, both sides will need to consider the potential impact of the sentence on the accused. In some cases, a lengthy prison sentence may not be the best way to ensure the protection and safety of the public. Rather than punishing the offender harshly, lawyers may recommend alternative sentencing options such as community work service, counseling, or probation. When working on a case related to a breach of recognizance, there are many strategies that lawyers can employ. One such strategy is to work collaboratively with the adverse party to reach a mutually agreeable plea bargain. This can help to avoid the time and cost that may be incurred in a full-blown trial. Another strategy is to engage experts, whose knowledge and expertise can help to present the facts and circumstances of the breach persuasively. Experts like forensic accountants and mental health professionals can bring new insights into the case, and this can give lawyers a better understanding of the case and how to handle it. Finally, lawyers can use technology and data to help support their case. For instance, they can use computer programs and databases to present evidence and argument convincingly, and this can help to sway the court in their favor. In conclusion, section 811 of the Criminal Code of Canada is an essential provision that legal practitioners must be familiar with when confronting cases related to breaches of recognizance. To resolve such cases successfully, lawyers must weigh various strategic considerations, including the necessity of causing harm to others, the specific circumstances of the breach, procedural aspects of the case, sentencing, and different strategies that they may use in presenting their argument. By taking these factors into account, both sides can work towards a fair and just resolution of the case.