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Family Violence Initiative

Sample Recognizance (s. 810)

Sample (PDF Version 162 KB, PDF Help)

NOT AN OFFICIAL FORM

Included only as guidelines for assistance with Criminal Harassment cases. For further information contact the National Weapons Enforcement Support Team (NWEST)
at1-800-731-4000 Ext 2053.

Canada,
Province of  ,
(territorial division)

IN THE MATTER OF A RECOGNIZANCE
ORDERED PURSUANT TO SECTION 810 OF
THE CRIMINAL CODE



RECOGNIZANCE

WHEREAS on  day, the day of  , 20 , a hearing took place pursuant to an information sworn by ,

AND WHEREAS the court, satisfied that reasonable grounds existed for the making of an order, did order that the respondent enter onto a recognizance for a period of  months (not to exceed 12 months)

IT IS HEREBY ORDERED that the respondent,  , of  ,
  (occupation), hereby undertake to keep the peace and be of good behaviour and to comply with the following conditions:


  1. )  to abstain from communicating, in whole or in part, directly or indirectly with the person on whose behalf the information was laid or that person's spouse or child, as the case may be, except in accordance with the following conditions,  ,

     

  2. )  to abstain from being at or within   (specify distance) of a place where the person on whose behalf the information was laid or that person's spouse or child, as the case may be, is regularly found,

     

  3. )  to abstain from possessing, during the term of the recognizance, any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or all such things, OR to abstain from possessing during the term of the recognizance, any of the foregoing items except for   ;

     

  4. )  to surrender, (dispose of, or have detained/stored/dealt with) any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or all such things in his/her possession in the following manner  ,* **

     

  5. )  to surrender any authorizations, licences, registration certificates in his/her possession in the following manner,  ,

     

  6. )  to abide by any further conditions  
     .

     

* Where the Justice or Summary Conviction Court does not make such an order, or where the court does make an order but does not prohibit the possession of everything referred to in that subsection, the Justice or Summary Conviction Court shall include in the record a statement of the reasons for not doing so.

**Assuming that it would otherwise apply, s.115 of the Criminal Code shall not apply to this Recognizance.

WARNING: Breach of this Recognizance may result in a charge being laid pursuant to s. 811 of the Criminal Code.

BREACH OF RECOGNIZANCE
811. A person bound by a recognizance under section 810, 810.1 or 810.2 who commits a breach of the recognizance is guilty of

  1. )  an indictable offence and liable to imprisonment for a term not exceeding two years; or
  2. )  an offence punishable on summary conviction.

DATED at  this  day of  , 20 .



 
Respondent


 
Justice

IT IS ORDERED THAT A COPY OF THIS RECOGNIZANCE BE SENT TO THE CHIEF
FIREARMS OFFICER.