INTRODUCTION AND BRIEF DESCRIPTION
This section requires parties to appear before a justice or summary conviction court when information is received.
SECTION WORDING
810(2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.
EXPLANATION
Section 810(2) of the Criminal Code of Canada pertains to the issuance of a peace bond. A peace bond is a court order intended to prevent a person from committing a criminal offense or causing harm to someone else. This section outlines what should happen once a justice receives an information from a person who fears that someone else may cause them harm. According to subsection (1) of this section, anyone who believes on reasonable grounds that another person may cause them physical or psychological harm, or may damage their property, can provide information to a justice of the peace. The information must include the name of the person they fear and the reasons for their fear. Based on the information provided, the justice of the peace can then issue a summons for the person named in the information to appear before him or a summary conviction court. Subsection (2) of this section stipulates that when a justice of the peace receives such information, he must cause the parties involved to appear before him or a summary conviction court having jurisdiction in the same territorial division. During the hearing, the person who fears harm must present evidence to support their fears, and the person named in the information must be given an opportunity to respond. If the justice of the peace is satisfied that the person named in the information is likely to cause harm, he can order the person to enter into a peace bond. The person who fears harm can also be required to enter into a peace bond if their evidence is found to be unjustified. In conclusion, Section 810(2) of the Criminal Code of Canada is a crucial section that provides a legal mechanism for individuals to obtain a peace bond. The section ensures that the parties involved have the opportunity to present evidence and that the proceedings are conducted in a just and fair manner. By ordering the issuance of peace bonds, this section can play a critical role in preventing harm to individuals and safeguarding the community.
COMMENTARY
Section 810(2) of the Criminal Code of Canada plays a crucial role in preventing criminal offenses by providing an effective and proactive legal mechanism for the protection of potential victims. The section enables a potential victim or a reasonable person to file an "information" to a justice of the peace, seeking an order to prevent an individual from committing a criminal offense. The order takes the form of either a recognizance or a peace bond, and it places restrictions on the individual to prevent the potential victim from being harmed. The purpose of section 810(2) is to prevent crimes before they occur. The section provides potential victims, who have reasonable grounds to fear that they or someone close to them might become a victim of a criminal offense, with an avenue to file an information with the justice of the peace, outlining the nature of their fears and the circumstances leading to those fears. The justice of the peace will then review the information to ascertain if there are reasonable grounds for the fears and ensure that the potential victim is not simply trying to cause harm to the individual cited in the information. If the justice of the peace is satisfied that there are grounds for the fears, he or she will issue an order, either a recognizance or peace bond, to restrict the individual from committing the offense. Section 810(2) recognizes that potential victims may be reluctant to file criminal charges or speak out because of fear of revenge or retaliation or that the evidence is not sufficient to warrant a case. By allowing the justice of the peace to issue an order without any charges being laid, Section 810(2) attempts to give potential victims peace of mind. It enables them to report their fears to the authorities, who can investigate the matter and take proactive measures to prevent the occurrence of the offense. A recognizance is a legal agreement between the individual cited in the information and the justice of the peace. It is typically used for lower-level offenses or if there is no evidence of an imminent threat. The person cited in the information undertakes to keep the peace and stay away from the potential victim. The individual may also be required to post bail, and a breach of the recognizance will result in arrest and possible charges. On the other hand, a peace bond is a more serious order and may be imposed when there is a direct threat or an imminent risk to the potential victim. A peace bond can involve more stringent conditions such as mandatory counseling, a curfew, restrictions on where the individual can travel, or a prohibition on possession of weapons. Breach of a peace bond can result in charges of criminal contempt of court, which can lead to imprisonment. In conclusion, section 810(2) of the Criminal Code of Canada provides an effective legal mechanism for the prevention of criminal offenses. It enables potential victims to report their fears to the justice of the peace, who can apply proactive measures to restrict the individual from committing the offense. By allowing the justice of the peace to issue an order without any charges being laid, Section 810(2) recognizes the reluctance of potential victims to speak out. With the aid of Section 810(2), the Criminal Code of Canada is significantly contributing to the protection of vulnerable individuals by preventing criminal offenses before they occur.
STRATEGY
Section 810(2) of the Criminal Code of Canada is a critical tool that allows law enforcement officials, complainants, and judges to take swift action to protect individuals who are at risk of being harmed or harassed. This section of the code empowers the courts to issue peace bonds or restraining orders to prevent the accused from contacting or approaching the victim. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account to ensure the safety of the victim and the success of the proceedings. Some of the strategies that could be employed include: 1. Ensuring Safety: The safety of the victim is paramount, and it should be the top priority of law enforcement officials and the court. Before proceeding with any legal action, the authorities should evaluate the risk to the victim and take steps to ensure their safety. These may include obtaining a protection order, providing the victim with a safe place to stay, or arranging police protection. 2. Gathering Evidence: In order to obtain a peace bond or restraining order, the complainant must provide evidence to the court that the accused poses a threat to their safety. The complainant should gather as much evidence as possible, including witness statements, photographs, videos, and audio recordings. This evidence should be presented to the court in a clear and compelling manner to support the request for a peace bond or restraining order. 3. Working with the Crown Attorney: The Crown Attorney can provide invaluable guidance in navigating the legal system and pursuing charges against the accused. It is important to work closely with the Crown to ensure that all necessary steps are taken to protect the victim and hold the accused accountable for their actions. 4. Hiring Experienced Counsel: Hiring an experienced criminal defence lawyer can help ensure that the victim's interests are represented in court and that all legal avenues are explored to protect their safety. A lawyer can also help the victim understand their rights and the legal process, which can be complex and overwhelming. 5. Maintaining Confidentiality: In some cases, the victim may wish to remain anonymous and maintain confidentiality throughout the legal proceedings. Steps should be taken to protect the victim's identity and ensure that their personal information is not disclosed to the accused or the public. Overall, section 810(2) of the Criminal Code of Canada is a powerful tool that can be used to protect individuals from harassment, violence, or other forms of harm. When dealing with this section, it is important to take a strategic, thoughtful approach that prioritizes the safety and well-being of the victim. By following these strategies, law enforcement officials, complainants, and the courts can work together to ensure that justice is served and that the victim is protected from harm.