Criminal Code of Canada - section 83.3(9) - Refusal to Enter into Recognizance

section 83.3(9)

INTRODUCTION AND BRIEF DESCRIPTION

The judge can imprison someone for up to 12 months if they refuse to enter into a recognizance.

SECTION WORDING

83.3(9) The judge may commit the person to prison for a term not exceeding 12 months if the person fails or refuses to enter into the recognizance.

EXPLANATION

Section 83.3(9) of the Criminal Code of Canada outlines the consequences for individuals who fail or refuse to enter into a recognizance in the context of terrorism offenses. Recognizance is a court order that requires an individual to fulfill certain conditions and responsibilities as a means of ensuring their compliance with the law. According to this provision, if an individual refuses or fails to enter into a recognizance related to terrorism offenses, the judge may commit them to prison for up to 12 months. This means that the individual may face imprisonment for a period of one year or less as a consequence of their failure or refusal to enter into the recognizance. This section is designed to help prevent acts of terrorism by imposing strict conditions and responsibilities on individuals who pose a potential threat to national security. By requiring individuals to enter into a recognizance, the court is able to monitor their behavior and ensure that they are not engaging in any activities that may undermine public safety. In summary, Section 83.3(9) of the Criminal Code of Canada is an important provision that reinforces the legal obligations of individuals who are suspected of terrorism offenses. It provides the court with the power to impose sanctions on those who fail or refuse to fulfill their responsibilities and helps to protect the public from potential threats to national security.

COMMENTARY

Section 83.3(9) of the Criminal Code of Canada deals with the issue of recognizance and the consequences for failing or refusing to enter into one. A recognizance is essentially a debt of honor or promise to appear in court at a later date. It is a legal agreement between the accused and the court that is intended to ensure the accused does not evade the justice system. Recognizances are used in matters relating to national security, such as terrorism charges. The section is applicable when a person, who is required to enter into a recognizance to appear before a court, fails or refuses to do so. In such a case, a judge may order the accused to be committed to prison for a maximum time period of 12 months. Such an imprisonment can be ordered by the judge even though the accused has not been convicted of an offense. This provision of the Criminal Code of Canada is crucial in maintaining the integrity of the legal system. A court's ability to set bail conditions is often the only mechanism available to ensure that the accused appears in court for their trial. When someone fails or refuses to comply with that condition, the court is left with few options to ensure the court's authority is not undermined. This provision ensures people who are being charged with a serious crime do not disappear, and the justice system is not compromised. This provision is critical in safeguarding national security and counterterrorism initiatives. It is an essential tool in protecting Canadian society from potential threats. However, this provision can also be seen as a heavy-handed approach towards people who may not have the means or ability to provide the necessary sureties, especially for refugees and marginalized communities. It can lead to pre-trial detention, which can have adverse effects, such as job loss, family separation, and housing insecurity. Additionally, pre-trial detention can lead to the overcriminalization of marginalized communities, resulting in a disproportionate number of individuals from these communities being held in custody. In conclusion, section 83.3(9) of the Criminal Code of Canada is an essential provision in maintaining the integrity of the legal system, especially in matters relating to national security and counterterrorism. However, it is vital to ensure that this provision is used judicially, and efforts should be taken to minimize the adverse impacts of pre-trial detention on marginalized communities. Courts must strive to be fair and impartial in their use of this provision to ensure that justice is done, and the rights of all individuals, including the accused, are upheld.

STRATEGY

Section 83.3(9) of the Criminal Code of Canada allows for the committal of a person to prison for up to 12 months if they fail or refuse to enter into a recognizance. Recognizance is a legal agreement in which a person promises to comply with certain conditions in exchange for their release from custody. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These considerations are vital to ensure the best possible outcome for the accused. First, it is essential to understand the nature of the charges against the accused. This will help determine the potential risks of having the accused released into the community without any conditions. The more severe the charges, the greater the risk that the accused will re-offend, fail to appear in court, or pose a danger to society. Second, it is vital to assess the likelihood of the accused complying with the conditions of a recognizance. If the accused has a history of non-compliance or exposing the community to risk, then there is a high chance that they will not follow the conditions of a recognizance. In this situation, the best strategy would be to opt for a committal to prison. Third, it is essential to understand the impact of committal on the accused's life. A term of imprisonment can have severe consequences, including loss of employment, family separation, and social stigma. It is necessary to take into account the accused's age, health, and vulnerability to ensure that committal is not excessive or unfair. Fourth, it is important to negotiate the terms of the recognizance with the prosecution. For instance, the prosecution may accept a reduction in bail to encourage the accused to enter into a recognizance. Alternatively, they may agree to modify the conditions of a recognizance to make them more manageable for the accused. Finally, it is crucial to present a compelling argument to the judge to avoid committal. This can include demonstrating that the accused has strong community ties, is not a flight risk, and has a genuine interest in complying with the conditions of a recognizance. Several strategies can be employed when dealing with this section of the Criminal Code of Canada. One possible approach is for the defence to offer a reasonable explanation for why the accused was unable to comply with the terms of the recognizance. For instance, the accused may have experienced a change in circumstances that made it difficult to keep up with the required conditions. Another strategy is for the defence to present evidence to demonstrate that the accused poses no threat to society. This can include character references, employment history, and evidence of regular community involvement. Finally, the defence may suggest alternative conditions for the accused to comply with instead of imprisonment. For example, the accused may be willing to wear an ankle bracelet or regularly report to a probation officer to ensure compliance. In conclusion, section 83.3(9) of the Criminal Code of Canada carries significant consequences for the accused. As such, it is vital for the defence to employ a comprehensive strategy to ensure the best possible outcome for the accused and to consider the impact of committal on the accused's life. By taking these strategic considerations into account and employing suitable strategies, the defence can ensure that the accused's rights are protected.