Criminal Code (R.S.C., 1985, c. C-46)

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) 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 that does not exceed 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 that does not exceed 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 to secure the good conduct of the defendant, 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 provincial court judge;

  • (d) to return to and remain at his or her 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, 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.

  (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 should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should 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:Condition — reporting

  (6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that 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.

Marginal note:Audioconference or videoconference

• 810.21 (1) If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference.

• Marginal note:Application

  (2) Despite section 769, sections 714.1 to 714.8 and Part XXII.01 apply, with any necessary modifications, to proceedings under this section.

Marginal note:Transfer of order

• 810.22 (1) If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an offence under section 811, in — a territorial division other than the territorial division in which the order was made, on application of a peace officer or the Attorney General, a provincial court judge may, subject to subsection (2), transfer the order to a provincial court judge in that other territorial division and the order may then be dealt with and enforced by the provincial court judge to whom it is transferred in all respects as if that provincial court judge had made the order.

• Marginal note:Attorney General’s consent

  (2) The transfer may be granted only with

  • (a) the consent of the Attorney General of the province in which the order was made, if the two territorial divisions are not in the same province; or

  • (b) the consent of the Attorney General of Canada, if the information that led to the issuance of the order was laid with the consent of the Attorney General of Canada.

• Marginal note:If judge unable to act

  (3) If the judge who made the order or a judge to whom an order has been transferred is for any reason unable to act, the powers of that judge in relation to the order may be exercised by any other judge of the same court.

Marginal note:Samples — designations and specifications

• 810.3 (1) For the purposes of sections 810, 810.01, 810.03, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

  • (a) designate the persons or classes of persons that may take samples of bodily substances;

  • (b) designate the places or classes of places at which the samples are to be taken;

  • (c) specify the manner in which the samples are to be taken;

  • (d) specify the manner in which the samples are to be analyzed;

  • (e) specify the manner in which the samples are to be stored, handled and destroyed;

  • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

  • (g) designate the persons or classes of persons that may destroy the samples; and

  • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

• Marginal note:Further designations

  (2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons

  • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g), 810.1(3.02)(h) and 810.2(4.1)(f); and

  • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g).

• Marginal note:Restriction

  (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

• Marginal note:Destruction of samples

  (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2;

  • (b) respecting the designations and specifications referred to in subsections (1) and (2);

  • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and

  • (d) respecting any other matters relating to the samples of bodily substances.

• Marginal note:Notice — samples at regular intervals

  (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

Marginal note:Prohibition on use of bodily substance

• 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

• Marginal note:Prohibition on use or disclosure of result

  (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2.

• Marginal note:Exception

  (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

• Marginal note:Offence

  (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

Marginal note:Orders under sections 486 to 486.5 and 486.7

• 810.5 (1) Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2.

• Marginal note:Offence — order restricting publication

  (2) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6.

Marginal note:Breach of recognizance

811 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

• (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

• (b) an offence punishable on summary conviction.

Marginal note:Proof of certificate of analyst — bodily substance

• 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

• Marginal note:Definition of analyst

  (2) In this section, analyst has the same meaning as in section 320.11.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

• Marginal note:Requiring attendance of analyst

  (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

Appeal

Definition of appeal court

• 812 (1) For the purposes of sections 813 to 828, appeal court means

  • (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

  • (b) in the Province of Quebec, the Superior Court;

  • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court;

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

  • (e) [Repealed, 1992, c. 51, s. 43]

  • (f) [Repealed, 2015, c. 3, s. 56]

  • (g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court;

  • (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

  • (i) in Nunavut, a judge of the Nunavut Court of Justice.

• Marginal note:When appeal court is Court of Appeal of Nunavut

  (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.