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An Act to amend the Criminal Code (organized crime and protection of justice system participants) (S.C. 2009, c. 22)

Assented to 2009-06-23

18. The Act is amended by adding the following after section 718.01:

Marginal note:Objectives — offence against peace officer or other justice system participant

718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:2001, c. 41, s. 22(2)

  • 19. (1) Subsection 810.01(3) of the Act is replaced by the following:

    • 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:1997, c. 23, s. 26

    (2) Subsections 810.01(5) to (5.2) of the Act are replaced by the following:

    • 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 judge;

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

      • (e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of 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.