- Where fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 [sexual interference] or 152 [invitation to sexual touching], subsection 153(1) [sexual exploitation], section 155 [incest], subsection 160(2) [compelling bestiality] or (3) [bestiality in presence of or by child], section 163.1 [child pornography], 170 [parent or guardian procuring sexual activity], 171 [householder permitting prohibited sexual activity], 171.1 [making sexually explicit materials available to child], 172.1 [child luring] or 172.2 [agree or arrange sexual offence against child], subsection 173(2) [exposure to person under 16], section 271 [sexual assault], 272 [sexual assault with a weapon or causing bodily harm], 273 [aggravated sexual assault] or 279.011 [trafficking in persons, under 18], subsection 279.02(2) [material benefit from trafficking, under 18] or 279.03(2) [withholding or destroying docs, under 18], section 280 [abduction of a person under 16] or 281 [abduction of a person under 14] or subsection 286.1(2) [obtaining sexual services for consideration — person under 18], 286.2(2) [material benefit from sexual services provided — person under 18] or 286.3(2) [procuring — person under 18], in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.
- Duration extended
(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.
- Refusal to enter into recognizance
(3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.
- Judge may vary recognizance
(4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
- Other provisions to apply
(5) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.
1993, c. 45, s. 11;
1997, c. 18, s. 113;
2002, c. 13, s. 81;
2008, c. 6, ss. 52, 54, 62;
2012, c. 1, s. 37;
2014, c. 21, s. 4, c. 25, s. 31;
2019, c. 25, s. 320.