Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Fear of domestic violence

• 810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information before a provincial court judge.

• Marginal note:Appearances

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

• Marginal note:Recognizance order

  (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 the defendant to 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

  (4) If the provincial court judge is satisfied that the defendant was previously convicted of an offence in the commission of which violence was used against any former or current intimate partner of the defendant or any child of any former or current intimate partner or of the defendant, the judge may order the defendant to enter into the recognizance for a period of not more than two years.

• Marginal note:Indigenous informant or defendant

  (4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.

• Marginal note:Refusal to enter into recognizance

  (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

• Marginal note:Conditions in recognizance

  (6) The provincial court judge may add any reasonable conditions to the recognizance that that the judge considers desirable to ensure the good conduct of the defendant or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including conditions requiring the defendant

  • (a) to attend, under the supervision of the court, a treatment program approved by the province where the accused resides, such as an addiction treatment program or a domestic violence counselling program;

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

  • (c) to refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary;

  • (d) to wear an electronic monitoring device, with the consent of the Attorney General;

  • (e) to abstain from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the judge considers necessary;

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

  • (g) 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 requiring them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

  • (h) 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

  (7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, 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.

  (8) If the provincial court judge adds a condition described in subsection (7) 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 held by the defendant shall be surrendered.

• Marginal note:Reasons

  (9) If the provincial court judge does not add a condition described in subsection (7) 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

  (10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in the recognizance.

• Marginal note:Safety and security of informant

  (11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their safety and security needs.

• Marginal note:Form — warrant of committal

  (12) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.