Public Safety committee  I won't read them out unless asked, but there's sort of a laundry list of all of the sections for which form 32 applies. This amendment would add “firearm part” to recogs that are issued under those sections.

Public Safety committee  Thanks for the question. It actually bears relation to amendment G-8, which was previously carried. When asked, I explained that section 501 allows for the release of an arrestee on what's called an undertaking. As that pertains to G-37, form 10 is the undertaking. It's a set form.

Public Safety committee  Thank you for the question. As I mentioned earlier, the batch of items to which the words “firearm parts” are being added is a thread woven throughout the code. It's not only in part III but also, as we've seen, in the bill provisions, peace bond provisions and so on and so forth.

Public Safety committee  In the circumstances you've just described, you've described what is, effectively, a section 810 offence, so possession of something contrary to an order telling you that you're not to do that. There is a similar part III offence covering more or less the same subject matter, but....

Public Safety committee  That's more or less correct.

Public Safety committee  I appreciate the question, because it can be difficult. As a point of clarification, these are preventative orders. That means they're based on a reasonable probability of something happening in the future, and these orders are offered or imposed by the court to prevent that from happening.

Public Safety committee  With respect, what you're calling an interpretation is still a request for my or our opinion about the validity of that. We're not here to answer for that. I can talk about what this motion does and I can talk about what the inclusion of the words "firearm part" will do in section 810.011(7) of the Criminal Code.

Public Safety committee  Again, I beg your indulgence, because I'm really not trying to be vague, but it would really depend on the circumstances. If a firearm part is seized by police, and that forms the subject matter of a criminal matter that then goes to court and proceeds to trial, etc., at the termination of that trial, the Crown has the opportunity to make an application to the court that all those things seized by police, which would remain in police custody throughout the duration of that matter, are then forfeited to the Crown.

Public Safety committee  As a general proposition, it is possible for a person from whom things were seized, who may or may not be the accused person, or for the true owner of the thing seized, who may or may not be the accused person, to make an application to the court to have things returned. There is a test they have to meet to do that.

Public Safety committee  Like the previous motion, it amends a section within the peace bond regime, in particular section 810.01 and of that, subsection (5). An 810.01 peace bond is for organized crime offences, the intimidation of justice system participants or journalists. In other words, it's a particular peace bond directed at a particular kind of offence, but that section is similar to some of the surrounding sections in that it has all of the same ingredients.

Public Safety committee  I don't disagree with that at all. Some jurisdictions are different in Canada, although it's usually the police who determine what charges get laid. If you are speaking about Crowns and how they use some of these tools and so on, it may be that other actors determine which course a matter takes, whether a charge gets laid or whether a peace bond is available.

Public Safety committee  Speaking generally, breaching a peace bond is an offence under section 811 of the Criminal Code, but depending on the circumstances or the facts that make out that breach, other offences might apply. If you're asking in particular about the offence applicable to a peace bond breach, it's section 811.

Public Safety committee  I can respond quickly.

Public Safety committee  As an indictable matter, the maximum sentence is four years. As a summary matter, it falls by way of summary conviction or summary punishment.

Public Safety committee  They're somewhat set out in different motions. The code contains a few different peace bond provisions that apply to different circumstances. Again, I think it's easiest to have reference to the code itself. Sections 810 and following are the peace bond regime, otherwise called a recognizance.