INTRODUCTION AND BRIEF DESCRIPTION
Section 110(2) sets the time limit for a restraining order against a person convicted of an offense, which ends not later than ten years after their release or discharge from the offense.
SECTION WORDING
110(2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence.
EXPLANATION
Section 110(2) of the Criminal Code of Canada outlines the length of time that a restraining order against an individual can be enforced. The order is typically issued under subsection (1) of Section 110 and prohibits the individual from contacting or being in proximity to a specific person or group of people. According to Section 110(2), the order will come into effect on the day it is made and will be enforceable for a maximum period of ten years. The end date of the order will depend on the individual's circumstances. If the individual is in custody, the ten-year period will begin on their release from imprisonment after being convicted of the specific offence that the restraining order is relating to. If the individual is not in custody, the ten-year period will begin on their conviction for the offence or on their discharge from the offence. It is important to note that Section 110(2) is designed to provide a level of protection to victims of certain offences, such as harassment or stalking. The length of the order and the specific conditions for enforcing it will be determined by the court on a case-by-case basis and will depend on the severity of the offence and the victim's circumstances. In conclusion, Section 110(2) of the Criminal Code of Canada is a crucial component of the justice system in preventing reoffending and protecting victims of certain offences. It sets a clear guideline for the enforcement of restraining orders and ensures that victims are given an appropriate level of protection for a reasonable period.
COMMENTARY
Section 110(2) of the Criminal Code of Canada outlines the duration of an order made under subsection (1) against a person. This provision applies to those who have been convicted of an offence that is considered a "serious personal injury offence", which includes various offences such as sexual assault, manslaughter, and kidnapping. The order made under subsection (1) is commonly known as a "peace bond". A peace bond is a legal order that requires an individual to abide by certain conditions, which may include not communicating with certain individuals, staying away from certain places, or surrendering any weapons. The purpose of a peace bond is to prevent an individual from committing further offences and to protect potential victims or witnesses. The duration of a peace bond is an important aspect of this legal tool. Section 110(2) provides that a peace bond will begin on the day on which the order is made. This means that the order becomes effective immediately, without any delay. The purpose of this provision is to ensure that the individual is immediately bound by the conditions of the peace bond, so that any potential harm can be prevented as soon as possible. The provision also states that a peace bond will end not later than ten years after the person's release from imprisonment after conviction for the offence to which the order relates. This means that the duration of a peace bond cannot exceed ten years. The reason for this limit is to ensure that the individual is not unfairly burdened with the conditions of the peace bond. Ten years is considered to be a reasonable duration, as it provides sufficient time for the individual to rehabilitate and reintegrate into society. However, the provision also provides that the duration of a peace bond may end earlier if the person is not imprisoned or subject to imprisonment. This means that if the person is not currently serving a sentence of imprisonment or is not likely to serve one in the future, the peace bond may end earlier. The reason for this provision is to ensure that the duration of the peace bond is proportional to the risk of harm posed by the individual. Overall, section 110(2) of the Criminal Code of Canada is an important provision that ensures that peace bonds are effective in preventing harm caused by individuals who have been convicted of serious personal injury offences. The provision balances the need to protect potential victims and witnesses with the need to ensure that the duration of the peace bond is fair and proportional. By setting a limit on the duration of a peace bond, the provision ensures that individuals are not unfairly burdened with legal restrictions for an indefinite period of time.
STRATEGY
Section 110(2) of the Criminal Code of Canada is a provision that allows for courts to issue a recognizance order against an individual in order to prevent them from engaging in certain activities that may be harmful to society. This section can be utilized in a variety of situations, such as in cases of organized crime or where there is a risk of terrorism. However, there are also several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. The first consideration is the scope of the order. Recognizance orders can be very broad in nature and can have a significant impact on an individual's freedom and ability to conduct business or other activities. As such, it is important to consider the specific activities that the order is intended to prevent and ensure that the order is tailored to address these specific concerns rather than being overly broad. The second consideration is the duration of the order. Section 110(2) allows for an order to be in place for up to 10 years after an individual's release from imprisonment. This means that the order can have a significant impact on an individual's life for a prolonged period of time. It is important to carefully consider the length of the order and to ensure that it is not unduly burdensome or restrictive. The third consideration is the potential legal challenges that may be faced. Recognizance orders can be highly contentious and may be subject to legal challenges on a number of grounds. As such, it is important to carefully consider the legal basis for the order and to ensure that it is properly substantiated by the available evidence. There are several strategies that can be employed when dealing with section 110(2) of the Criminal Code. One effective strategy is to work closely with law enforcement agencies and other relevant stakeholders to carefully assess the risks posed by the individual and to develop a targeted and evidence-based approach to addressing those risks. Another strategy is to engage in ongoing monitoring and reassessment of the order to ensure that it remains proportionate and effective over time. Overall, section 110(2) can be a powerful tool for preventing individuals from engaging in activities that may be harmful to society. However, it is important to carefully consider the strategic implications of using this provision and to ensure that any orders issued are properly tailored and substantiated by the available evidence.