In all the coverage of Karla Homolka's impending release, I keep reading an untruth. Consider this from this morning's Globe and Mail:
"It's not that much of a hassle," said the convicted 36-year-old rapist, who is subject to a rare order under Section 810 (2) of the Criminal Code, the same controversial provision Ontario's Attorney-General used to limit Ms. Homolka's freedom. Ms. DeBakker, who was wearing a baseball cap and dressed in jeans and a blue spring jacket, said the restrictions aren't too onerous and have brought more structure to her life since she left prison in October. "The 810 doesn't really bother me that much. [The police] are very nice. They are there more than to keep an eye on us," the thin, strawberry blonde said as she took a drag from a cigarette. "They like to help if they could."I have no idea why section 810 of the Criminal Code of Canada is being decribed as "rare" or "controversial". It is used daily hundreds and hundreds of times in Canadian courts where justices of the peace issue peace bonds as a preventative measure. Think of it as being released on bail without the need for an underlying pending criminal charge. It may not be as strong a remedy as we need and, when they are badly written or circumstances change after the order is issued, police assistance may not be as available as the people protected by it assume or in the way it is needed. But it is one of the most commonplace Criminal Code proceedings used in Canada.
Comments
Elaine - February 21, 2008 8:01 pm
I do not know how rare an 810 peace bond is used. I do know that my husband and I have been exposed to a very grave abuse. We elderly retired people. We have never had any problem with the law in our entire lifetime. We held very responsible jobs. We were very involved in community service and still are. A new neighbour put lattice on our fence without permission. After we politely requested that they remove it we finally had a lawyer send them a letter to remove it by a certain date. Since they did not, we removed it being very careful not to damage the material and to leave it on their property. We did not go on their property as we could remove it working from out side of the fence. (They trespassed on our property, They then went to the police but neither the police nor the crown would get involved, so they went to a justice of the peace and laid an information for a peace bond under section 810. Their allegations were completely without foundation. The application was annuled by another justice of the peace at the hearing. Nevertheless this process cost us almost $7000.00 and three months living in fear and anguish. Apparently 810 can be used very unjustly with impunity.
Sincerely,
Frank and Elaine Redmond
jamey sterritt - June 30, 2008 2:57 am
Sec 810 has been abused in my case by allowing political opponents in my community to persuade the police and the crown to arrest and restrain me. I am an Aboriginal Activist with a religious basis for my land claims and the crown uses S. 810 to interfere with my freedoms of Assembly and expression in order to gag me and it has a further effect of criminalizing me in the eyes of others. I am in the process of fighting back on two fronts: filing Human Rights complaints and defending the applications on grounds they are not contemplated in the words of the Section; if I lose I will appeal until the appeal process defines the applicability of the section, then the crown & police will lose their power to use it politically and have to stick to the words in the section.
V>^<V
jamey sterritt - July 18, 2008 12:39 pm
I was arrested for serving notice of my Human Rights complaint and now have to defend breach of undertaking which I am doing on the basis that rule of law allows me to advance my rights through means which I could not sign away in an undertaking; I did not agree to have "no communication" but to have no contact, interpreting contact in it's strictest meaning since there is a "no communication" condition set out in S. 515(4)(d). The main thing is I am free and not in the Mental Institution the Government is trying for. V>^<V
Diane Burton - July 25, 2008 12:40 am
I am looking for info on how to get a neighborhood peace bond on my neighbor. He has harrassed our community by reporting supposed infractions of bylaws or building codes that have been shot down. When he doesn't get his way he steps into his yard and proceeds to shoot off his shotgun, start calling us rude names. Antagonize us in whatever way he can without stepping over the lines of the law. I fear he may escalate and cause one of us some harm. This all started when one of my neighbors built his house across from this person and blocked his view of the water. It escalated when he proceeded to put an entranceway and gate onto a small portion of our property that he has a right of way to and I made him remove it. I fear that any further conflict will escalate him even more and one day he may start shooting at us instead of into thin air. Can anyone tell me if they have ever taken out a community peace bond or if they know what I need to do to apply for one.