INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies the definition of provincial court judge for sections related to orders in the Criminal Code.
SECTION WORDING
111(11) In this section and sections 112, 117.011 and 117.012, "provincial court judge" means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.
EXPLANATION
Section 111(11) of the Criminal Code of Canada is part of a larger section that deals with the process of obtaining a peace bond or a recognizance order against a person who poses a threat to the safety of others or to public peace. The section clarifies the definition of a provincial court judge" for the purposes of this section as well as sections 112, 117.011 and 117.012. A peace bond is a court order that requires an individual to keep the peace, be of good behaviour, and comply with certain conditions for a specified period of time. A person can request a peace bond against someone who they believe may cause harm to them or others. Similarly, a recognizance order is a court order that requires an individual to enter into a recognizance (a promise to pay a sum of money if they fail to comply with certain conditions) for a specified period of time. Such an order can be issued if a person is believed to pose a threat to national security. One of the key requirements for obtaining these orders is that the application must be heard by a provincial court judge who has jurisdiction in the territorial division where the person against whom the application is made resides. This is where section 111(11) becomes important. The section clarifies that, for the purposes of this section and related sections, a provincial court judge" includes only those judges who have jurisdiction in the specific territorial division where the person resides. By specifying this requirement, the Criminal Code ensures that these orders are granted by a judge with proper jurisdiction and who is familiar with the local circumstances and resources. This can help to ensure that the orders are more effective in protecting the safety of the person seeking the order or the general public. In summary, section 111(11) of the Criminal Code of Canada clarifies the definition of a provincial court judge" for the purposes of obtaining peace bonds and recognizance orders, helping to ensure that these orders are granted by a judge with proper jurisdiction and local knowledge.
COMMENTARY
Section 111(11) of the Criminal Code of Canada defines the term provincial court judge" for the purposes of several sections of the Code. These sections deal with the issuance of certain orders related to criminal proceedings, including peace bonds and recognizances. The definition in 111(11) restricts the jurisdiction of a provincial court judge to the territorial division where the application for the order was brought, and where the person against whom the order is directed resides. The purpose of this section is to ensure that the judge who is making an order related to an individual's liberty is familiar with the local circumstances and resources that may be relevant to the case. It allows for tailored orders that take into account the specific risks and needs of the person and the community. Additionally, it ensures that the judge is accessible and accountable to the local community. An individual is far more likely to comply with an order that has been issued in their home community and by a judge who is known and respected in that community. However, this section can also have implications for procedural and substantive justice. When there is a shortage of judges in a particular territorial division, or when a judge is unavailable due to their own workload or other circumstances, the individual against whom the order is directed may face delays or inconvenience. Additionally, if the local judge is not familiar with the individual or their circumstances, there is a risk that the judge may not make an order that is adequately tailored to those circumstances. This could result in an order that is too restrictive or not restrictive enough, which would not serve the interests of justice. Furthermore, by restricting jurisdiction to only those territorial divisions where the person resides, some individuals may be able to evade court orders by simply moving to another division. Overall, section 111(11) serves the important purpose of promoting local accountability and tailored orders in criminal proceedings. However, its potential limitations on access to justice and the adequacy of orders should be considered carefully. Judges applying this section should take into account the individual circumstances of each case, and make decisions that uphold the principles of procedural and substantive justice, while still respecting the spirit of this provision.
STRATEGY
Section 111(11) of the Criminal Code of Canada addresses the jurisdiction of provincial court judges in relation to orders for peace bonds. When considering strategic considerations for dealing with this section, several key factors must be taken into account. One of the most critical considerations is understanding the location of the individual against whom the peace bond is being sought. As stated in the section, the provincial court judge with jurisdiction is the one having jurisdiction in the territorial division where the individual resides. This means that it is critical to determine the correct territorial jurisdiction in which to bring the application for the order. Failure to do so could result in the dismissal of the application and the individual being able to avoid the imposition of the peace bond. Another important factor to consider when dealing with Section 111(11) is the attitude of the provincial court judge towards the imposition of peace bonds. Some judges may be more inclined to grant such orders, while others may be more hesitant to do so. Understanding the tendencies and attitudes of the particular judge involved can help lawyers and individuals seeking peace bonds to develop more effective strategies for presenting their case. Another strategy that could be employed when dealing with Section 111(11) is to seek out legal counsel with experience in this area. Lawyers who have handled multiple peace bond applications will likely have an in-depth understanding of the factors that are most likely to influence the outcome of a hearing. This can include not only the territorial jurisdiction but also the specific judge involved, as well as potential arguments that may be used to support the application. One potential argument that could be used to support a peace bond application is the risk of harm to either the individual seeking the order or to others in the community. This could involve presenting evidence of previous violent or harassing behavior, threats, or other indicators of potential danger. In some cases, it may also be useful to bring in expert witnesses, such as psychologists or social workers, to provide additional context and perspective on the situation. In summary, when dealing with Section 111(11) of the Criminal Code of Canada, strategic considerations must focus on understanding the territorial jurisdiction involved, the attitudes and tendencies of the provincial court judge, and the potential arguments that can be made to support the application for a peace bond. By taking these factors into account and utilizing appropriate legal counsel and evidence, individuals seeking peace bonds can increase their chances of a successful outcome.