Criminal Code

Marginal note:Where fear of serious personal injury offence

• 810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, 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 that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (5) and (6), that the provincial court judge considers desirable for securing the good conduct of the defendant.

• 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 — firearms

  (5) Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.

• Marginal note:Surrender, etc.

  (5.1) Where the provincial court judge adds a condition described in subsection (5) to a recognizance order, the provincial court judge shall specify in the order the manner and method by which

  • (a) the things referred to in that subsection that are in the possession of the defendant shall be surrendered, disposed of, detained, stored or dealt with; and

  • (b) the authorizations, licences and registration certificates held by the defendant shall be surrendered.

• Marginal note:Reasons

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

• Marginal note:Conditions — reporting and monitoring

  (6) Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable to include as a condition of the recognizance that the defendant report to the correctional authority of a province or to an appropriate police authority, and where the provincial court judge decides that it is desirable for the defendant to so report, the provincial court judge may add the appropriate condition to the recognizance.

• Marginal note:Variance of conditions

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

• Marginal note:Other provisions to apply

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