Family Violence Initiative

Sample Judicial Interim Release Order

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) at 1-800-731-4000 Ext 2053.

WHERERAS  , hereinafter called the accused, has been charged that he/she on or about the   day of  , 20 , at the   in the   committed the offence(s) of:
(set out brief description of offence)
 
 
 

The previous order dated  , 20 , is vacated.

IT IS ORDERED THAT the said accused be released upon his/her giving or entering into

• 1. an undertaking without conditions:
• 2. a) an undertaking with conditions:
• b) a recognizance without sureties in the amount of $  
  **with/without conditions but without deposit of money, or other valuable security
• c) a recognizance with one or more sufficient sureties in the amount of $  
  **with/without conditions but without deposit of money or other valuable security
• d) a recognizance, with the consent of the prosecutor, in the amount of $  
  **without sureties with/without conditions and upon there being deposited with the Justice the
  sum of $   in money or other valuable security, namely,   to the value of
  $  
• e) (the accused not being ordinarily resident in the Province of   or within two hundred
  kilometres of the place in which he/she is in custody) a recognizance **with one or more
  sufficient/without sureties, in the amount of $  
  **with/without conditions, and upon there being deposited with the justice before whom he/she
  enters into the recognizance the sum of $   in money or other valuable security, namely
    to the value of $   (Definition of "valuable security" Code S.2 & S.42(2))

• 3. THE SAID CONDITIONS being that the accused shall
  
  • a) attend at court on the  day of  , 20  at  
  • b) report at (state times) to (name of peace officer or other person designated)
  • c) remain within  (designated territorial jurisdiction)
    d) notify  ( name of peace officer or other designated person of any change in his/her address, employment or occupation
    ** Delete inapplicable word(s)
  • e) abstain from communicating with   except in accordance with the following conditions (as the justice /judge specifies):  
     
  • f) deposit his/her passport (as the justice/judge directs)
  • g) not possess, until dealt with according to law, any firearm, cross-bow, prohibited weapon,
    restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive
    substance OR
    not possess, until dealt with according to law any of the foregoing items except for
     *
  • h) and  (any other reasonable condition)
• 4. IT IS FURTHER ORDERED THAT the items subject to the prohibition in condition 3 g) and every authorization, licence, and registration certificate relating thereto shall be
  
  • surrendered to the police within 48 hours of release
  • deposited with the police as a pre-condition of release
  • or, 

Section 115 of the Criminal Code shall not apply to this order.

*Where the Justice or Summary Conviction Court does not add a condition prohibiting the respondent from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the Justice or Summary Conviction Court shall include in the record a statement of the reasons for not adding the cindition.

A COPY OF THIS ORDER SHALL BE SENT TO THE CHIEF FIREARMS OFFICER.

Dated this  day of  , 20 ,at .

(If a warrant for committal is issued for non-compliance with the order and there is endorsed on the warrant for committal an author ization to the person having the custody of the accused to release him/her upon his/her complying with this order, a copy of this order is to be attached to the warrant for committal: Criminal Code, paragraph 519(1)(b).)