Have you been involved with a criminal matter in Canada and heard the term “recognizance order”? The term recognizance order is a legally binding obligation to do something, keep the peace, appear before the court when required to, or meet any other requirements specified in the order.
Recognizances may be given for other reasons such as the release of an accused while criminal proceedings are pending, or in a peace bond hearing. The Conditions of a recognizance may affect a person’s daily life.
If you are subject to a recognizance order, it is important to be aware of:
What Is a Recognizance Order?
A recognizance in the context of Canadian criminal law is a solemn agreement made in a legal matter. It can involve a person agreeing to satisfy certain conditions or, in some cases, to pay a sum of money.
Recognizances are sometimes attached to various forms of criminal proceedings. For instance, someone held on criminal charges may be subject to release conditions. Recognizance may also be ordered in relation to a peace bond.
The details of the order matter. You shouldn’t just consider the generic description of, for example, recognizance, when assessing what you can and can’t do. Read the document itself and check the law.
Recognizance Orders and Bail
Recognizances may, for example, be issued on the release of an accused person from custody ahead of trial.
Section 515 of the Criminal Code states that where an accused is detained before a justice, and there is a release order, it is a release order without any conditions, unless the prosecutor shows that detention or another release order is justified. If conditions are set, they must be clear and complied with.
At times, release terms may specify that:
- Report to police at certain hours.
- Living at a particular address
- Following a curfew
- Avoiding contact with certain individuals
- Staying away from particular locations
- Not possessing weapons
- Not drinking alcohol or taking drugs in cases where it is required.
- Attending court as required
Having a release or bail hearing? If you or a loved one are preparing for a release or bail hearing, consult with knowledgeable bail hearing lawyers in Brampton to learn about the suggested conditions and potential legal strategies.
Recognizance and Peace Bonds
A recognizance may be linked to a peace bond as well.
While a peace bond is not a form of bail, bail usually involves the release of a person charged with a criminal offence. A peace bond may be used as a preventive measure where a reasonable apprehension exists that another person may cause personal injury, damage to property or commit a specified offence.
Section 810 of the Criminal Code provides that a court may make an order requiring a person to enter into a recognizance to keep the peace and to be of good behaviour for a period of up to 12 months if the constitutional requirements are satisfied. Reasonable conditions may also be included.
Peace bond conditions can include restrictions relating to:
- Contact with another person.
- Attendance at specific locations
- Alcohol or drug use
- Possession of weapons
- Other behavior that is deemed necessary to maintain discipline
There is also a way to alter circumstances in recognizance proceedings under the Criminal Code.
What Conditions Can Be Included in a Recognizance?
The conditions vary depending on the type of recognizance and the nature of the case.
Some limitations may include a no-contact provision, and this could prevent a person from contacting a specified individual directly or indirectly. One condition may order a person to keep away from a specified address, place of work, school, or other location.
Other possible conditions can address:
- Where a person must live
- Where they can travel
- When they have to stay home
- Whether they can possess weapons
- Alcohol or drug consumption
- Reporting requirements
- Communication with specified individuals
Not all the conditions are relevant to each case. When setting conditions, have regard to the power under which the recognizance was given and the individual’s case.
Is a Recognizance the Same as a Restraining Order?
No. While there can be overlap in application, the two are distinct legal systems.
While a recognizance is a part of proceedings under criminal law and may result from bail or a peace bond, a restraining order is generally in the civil or family law context.
For example, both orders may prohibit contact between two individuals; however, the legal process, rationale, duration, and repercussions of breaches can vary.
If you have obtained any form of court order prohibiting your actions or contact with a particular individual, you need to know precisely what order you are under prior to doing anything else.
What Happens If You Breach a Recognizance?
A bond should be regarded.
The results of a breach will vary depending on the type of recognizance and the situation. Recognizances made pursuant to sections 810 to 810.2 of the Criminal Code are subject to the following provision, section 811:
A person suspected of breaching a recognizance may be subject to further criminal penalties.
For instance, an order that forbids contact with someone may make it illegal to communicate directly or indirectly with that person.
It is very important to note, however, that even where the other person agrees to the communication, this may not mean that the condition is lifted. If you are under a no-contact condition, you should seek legal advice before assuming that the condition is lifted.
Can a Recognizance Order Be Changed?
In some cases, the recognizance terms can be modified.
For instance, a situation may become unmanageable due to a change in employment, accommodation, family, or other major life event.
The Criminal Code specifically contemplates variation of conditions in some peace bond recognizance proceedings. Under section 810, the justice or court may vary the conditions when the informant or defendant makes application.
But you must not stop observing a condition merely because you feel it is unjust or unneeded.
It may remain until the correct legal process results in a change.
How Long Does a Recognizance Order Last?
The time may vary by type of recognizance.
The available time period for a regular peace bond under section 810 of the Criminal Code is any period up to twelve (12) months. Various other types of recognizances have other rules and applications.
Check the order if you’re in doubt whether your recognizance is still running and get advice rather than assume that it has lapsed.
What action should be taken if you find yourself under a recognizance?
If you are under a recognizance, your best course of action is to be fully informed of each condition before you commit to any actions.
You should:
- Ensure you have a copy of the recognizance/court order.
- Read all the conditions carefully.
- Ask a lawyer about any condition you are unsure of.
- Conditions must be applied as stated.
- Never consider that a person’s permission nullifies a condition.
- If your situation has changed, you should consult a lawyer.
- If you are charged with breaking the order, seek immediate legal advice.
Even a seemingly harmless misunderstanding can have severe legal implications if it involves no contact, stay away, reporting, or curfew provisions in the order.
When Should You Speak With a Criminal Defence Lawyer?
You should consider getting legal advice if you are:
- Facing a bail hearing
- Released with restrictive conditions
- Subject to a no-contact order
- Accused of breaching a recognizance
- Trying to change a release condition
- Dealing with a peace bond
- Unsure about your rights or obligations under a court order
A criminal defence lawyer in Brampton can review the circumstances of your case, explain the applicable conditions, and discuss the legal options available to you.
For Punjabi-speaking individuals who need assistance understanding a criminal matter, a Punjabi criminal lawyer in Brampton may also be able to provide legal guidance in a language that is more comfortable for them.
Get Legal Help With a Recognizance Order
A recognizance order can place important restrictions and obligations on an individual. Whether it is connected to bail, a peace bond, or another criminal law proceeding, understanding the exact terms of the order is essential.
If you have questions about a recognizance, are facing a bail hearing, want to seek a change to your conditions, or have been accused of breaching an order, obtaining legal advice as early as possible can help you understand your options.
Sukhvir Singh Law represents individuals facing criminal law matters in Brampton and surrounding areas. Contact the firm to discuss your circumstances and learn about the legal options available to you.
