Criminal Code

Marginal note:Where fear of sexual offence

• 810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.

• 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) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order the defendant to enter into a recognizance and, for a period fixed by the provincial court judge of not more than twelve months, comply with the conditions fixed by the provincial court judge, including a condition prohibiting the defendant from

  • (a) engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years; and

  • (b) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre.

• Marginal note:Refusal to enter into recognizance

  (3.1) 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:Judge may vary recognizance

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

• Marginal note:Other provisions to apply

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