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The link posted is the story referenced by Tejas in post 26. You said you couldn't remember it.NO I DID NOT. The question was: "Anyone remember that thread?" And the answer was: "Nope." My question was about this alleged thread where someone didn't do whatever someone was supposed to do. She did have a restraining order against him.You saw this in the article somewhere? I didn't. One would have thought that if this was the case, she would have told the 911 dispatcher, instead of saying "I've been having a lot of problems with him...", or, if she did, the article might have mentioned it. She was still on the phone with 911 when he broke down both doors and began strangling herIf you have some source other than the article you have linked to, you should cite it. That does not appear in the article. Does Canada lock men up if a woman files a complaint?Well it kinda depends on what the complaint is about, eh? If it's about the commission of a criminal offence and the complaint appears credible, then a charge is laid, and the accused released on a recognizance that includes refraining from contact and staying more than a certain distance away, or is held for a bail hearing and possibly released on similar conditions. What constraints does Canada put on men when a woman files a complaint of harassment?See above, in the case of a criminal offence (e.g. death threats, assault). http://www.canlii.org/ca/sta/c-46/sec264.htmlCriminal Code PART VIII: OFFENCES AGAINST THE PERSON AND REPUTATION Motor Vehicles, Vessels and Aircraft (??)
Criminal harassment
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family.
Punishment (3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction.
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or (b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).
Reasons
(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
Criminal Code PART XXVII: SUMMARY CONVICTIONS Sureties to Keep the Peace
Where injury or damage feared 810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.
Duty of justice (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.
Adjudication (3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,
(a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or (b) commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance.
Conditions (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.
... (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or common-law partner or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition
(a) prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be, is regularly found; and (b) prohibiting the defendant 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 common-law partner or child, as the case may be. ...
Criminal Code PART XXVII: SUMMARY CONVICTIONS Sureties to Keep the Peace
Breach of recognizance
811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. So, if there was a recognizance ("peace bond") in place, violating it would be an offence. A person could be charged with the offence of harassment regardless of whether a recognizance was in place.
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