Criminal Code

Marginal note:Fear of certain offences

• 810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the Attorney General’s consent, lay an information before a provincial court judge.

• Marginal note:Appearances

  (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

• Marginal note: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 of not more than 12 months.

• Marginal note:Duration extended

  (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

• Marginal note:Refusal to enter into recognizance

  (4) 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.

• Marginal note:Conditions in recognizance

  (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable for preventing the commission of an offence referred to in subsection (1), including conditions that require the defendant

  • (a) to participate in a treatment program;

  • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

  • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

  • (d) to return to and remain at their place of residence at specified times;

  • (e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

  • (f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

  • (g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

• Marginal note:Conditions — firearms

  (5) 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.

• Marginal note:Surrender, etc.

  (5.1) If the provincial court judge adds a condition described in subsection (5) 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 shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.

• Marginal note:Reasons

  (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

• Marginal note:Variance of conditions

  (6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.

• Marginal note:Other provisions to apply

  (7) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.

• Definition of Attorney General

  (8) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.