Peace Bond (Sexual Offences): Difference between revisions
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{{LegHistory10s|2019, c. 25}}, s. 320. | {{LegHistory10s|2019, c. 25}}, s. 320. | ||
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| | |{{CCCSec2|810.1}} | ||
|{{NoteUp|810.1|1|2|3|3.01|3.1|4|5}} | |{{NoteUp|810.1|1|2|3|3.01|3.1|4|5}} | ||
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{{LegHistory10s|2019, c. 25}}, s. 320. | {{LegHistory10s|2019, c. 25}}, s. 320. | ||
{{Annotation}} | {{Annotation}} | ||
| | |{{CCCSec2|810.1}} | ||
|{{NoteUp|810.1|3.02|3.03|3.04|3.05}} | |{{NoteUp|810.1|3.02|3.03|3.04|3.05}} | ||
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==Procedure== | ==Procedure== | ||
The party applying for the recognizance must lay an information under s. 810.1(1) and then seek the issuance of a summons under s. 810.1(2).<ref> | The party applying for the recognizance must lay an information under s. 810.1(1) and then seek the issuance of a summons under s. 810.1(2).<ref> | ||
{{CanLIIRx|Nowazek|gxcqd|2017 YKSC 8 (CanLII)}}{{perYKSC|T Ducharme J}}{{atL|gxcqd|18}}<br> | |||
</ref> | </ref> | ||
The provisions under s. 507(4) and 514 [relating to issuing a warrant and arrest] apply to proceedings under s. 810.1.<Ref> | The provisions under s. 507(4) and 514 [relating to issuing a warrant and arrest] apply to proceedings under s. 810.1.<Ref> | ||
{{CanLIIRP|Budreo|1fb1g|2000 CanLII 5628 (ON CA)|142 CCC (3d) 225}}{{perONCA|Laskin JA}} | |||
</ref> | </ref> | ||
Latest revision as of 07:05, 23 July 2024
| This page was last substantively updated or reviewed January 2020. (Rev. # 95707) |
- < Procedure and Practice
- < Pre-Trial and Trial Matters
- < Peace Bonds
General Principles
Section 810.1 provides the authority for a provincial court judge to order a recognizance where the applicant establishes "reasonable grounds" to fear that the subject will commit an enumerated sexual offence.
- 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) [comm. to obtain 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.
- Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
- Adjudication
(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.
[annotation(s) added]
Conditions
810.1
[omitted (1), (2), (3) and (3.01)]
- Conditions in recognizance
(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that
- (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;
- (a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;
- (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;
- (b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary;
- (c) require the defendant to participate in a treatment program;
- (d) require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;
- (e) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
- (f) require the defendant to return to and remain at his or her place of residence at specified times; or
- (g) require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
- Conditions — firearms
(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
- Surrender, etc.
(3.04) If the provincial court judge adds a condition described in subsection (3.03) [ offence peace bond – conditions — firearms] to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.
- Condition — reporting
(3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.
[omitted (3.1), (4) and (5)]
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.
[annotation(s) added]
Procedure
The party applying for the recognizance must lay an information under s. 810.1(1) and then seek the issuance of a summons under s. 810.1(2).[1]
The provisions under s. 507(4) and 514 [relating to issuing a warrant and arrest] apply to proceedings under s. 810.1.[2]
- Constitutionality
Section 810.1 is not void under s. 7 of the Charter for vagueness.[3]
- ↑
R v Nowazek, 2017 YKSC 8 (CanLII), per T Ducharme J, at para 18
- ↑ R v Budreo, 2000 CanLII 5628 (ON CA), 142 CCC (3d) 225, per Laskin JA
- ↑ Budreo, ibid.