Terrorism Peace Bonds Annual Report
June 21, 2020 to June 20, 2021

Section I – Introduction

The Attorney General of Canada is required, under subsection 810.011(15) of the Criminal Code, to issue an annual report setting out the number of recognizances (terrorism peace bonds) entered into in the previous year. This report covers the period from June 21, 2020 to June 20, 2021.

Section II – Overview of section 810.011

Section 810.011 of the Criminal Code provides that any person who fears on reasonable grounds that another person may commit a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge. The judge may then compel the attendance of the parties – for example, by issuing a summons.

If the judge is satisfied by the evidence 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. In the case where the defendant was previously convicted of a terrorism offence, the judge may extend the period for not more than five years. If the defendant fails or refuses to enter into the recognizance, the judge may order a term of imprisonment for up to 12 months.

The judge may add any reasonable conditions in the recognizance that the judge considers desirable to ensure the good conduct of the defendant, including conditions set out in the section, such as to return to and remain in one’s residence for specified times or to participate in a treatment program.

The judge must consider whether it is desirable to add as conditions: (a) prohibiting the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance; (b) requiring the defendant to deposit any passport or other travel document issued in their name that is in their possession or control; and (c) requiring the defendant to remain within a specified geographic area. Should the judge decide not to add these conditions, the judge must provide reasons in the record for not adding them.

The section also allows for applications to be made to a provincial court judge to vary the conditions imposed.

Section III – Statistics

One recognizance was entered into under section 810.011 of the Criminal Code in the period from June 21, 2020 to June 20, 2021.