Engagement de ne pas troubler l’ordre public (mariage forcé)
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Principes généraux
- Fear of forced marriage or marriage under age of 16 years
810.02 (1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) [retrait de l'enfant du Canada - mariage forcé / mariage de moins de 16 ans] or section 293.1 [mariage forcé] or 293.2 [mariage de personnes de moins de saisir ans] may lay an information before a provincial court judge.
- Appearances
(2) The judge who receives the information may cause the parties to appear before a provincial court judge.
- 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.
- Duration extended
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1) [non-consensual marriage peace bond], the judge may order that the defendant enter into the recognizance for a period of not more than two years.
- Refusal to enter into recognizance
(5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.
- Conditions in recognizance
(6) 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
- (a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;
- (b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;
- (c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;
- (d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;
- (e) require the defendant to participate in a treatment program, including a family violence counselling program;
- (f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and
- (g) require the defendant to return to and remain at their place of residence at specified times.
- Conditions — firearms
(7) 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.
- Surrender, etc.
(8) If the provincial court judge adds a condition described in subsection (7) [non-consensual marriage peace bond – conditions, firearms] 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 are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.
- Variance of conditions
(9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
2015, c. 29, s. 11.
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