Compulsory Terms - Provincial Court of British Columbia



CONDITIONAL SENTENCE PICKLISTTable of Contents TOC \o "1-1" \h \z \u Compulsory Terms PAGEREF _Toc483579457 \h 2Compulsory No Contact and No Go Complainant PAGEREF _Toc483579458 \h 2Compulsory Reporting PAGEREF _Toc483579459 \h 5Residence, House Arrest, E.M.P., Carry Permission PAGEREF _Toc483579460 \h 5No Go Specific Address and Red Zone PAGEREF _Toc483579461 \h 8No Go and No Contact with Minors PAGEREF _Toc483579462 \h 9Contact with Future Partners PAGEREF _Toc483579463 \h 10No Contact with Persons Identified by Supervisor PAGEREF _Toc483579464 \h 10Criminal Harassment PAGEREF _Toc483579465 \h 11Drugs and Alcohol PAGEREF _Toc483579466 \h 11Counselling, Treatment, Rogers Order, and Releases PAGEREF _Toc483579467 \h 12Community Work PAGEREF _Toc483579468 \h 15Restitution PAGEREF _Toc483579469 \h 15Apology and Restorative Justice PAGEREF _Toc483579470 \h 15Support Dependents PAGEREF _Toc483579471 \h 16Technology PAGEREF _Toc483579472 \h 16Trafficking and Drug Production PAGEREF _Toc483579473 \h 18Firearms and Weapons PAGEREF _Toc483579474 \h 19Tools, Disguises and Colours PAGEREF _Toc483579475 \h 21Commercial Crime PAGEREF _Toc483579476 \h 22Vehicles PAGEREF _Toc483579477 \h 23Compulsory TermsTerm of the orderYou must comply with the conditions of a conditional sentence order for a term of ___. The conditions of the order are:COMPULSORY CONDITIONS3001You must keep the peace and be of good behaviour.You must appear before the court when required to do so by the court.You must notify the court or your conditional sentence supervisor ( __ days) in advance of any change of name or address and promptly notify the court or supervisor of any change in employment or occupation.You must remain in British Columbia unless you have prior written permission from the Court or your conditional sentence supervisor to leave the province. (You must carry the written permission when you are outside the province).Compulsory No Contact and No Go ComplainantCOMPULSORY NO CONTACT3002You must have no contact or communication, directly or indirectly, with __________ (except with a further order of this court).The exceptions are as follows: through (email; text; telephone; a named third party) for the sole purpose of ________.for the sole purpose of picking up and dropping off your children for parenting or contact time. in accordance with a Family Court Order made by a judge who has reviewed this order. You must forthwith file a copy of this order in any family proceeding in which you are a party or become a party. (You must give notice of any Family Court application for parenting or contact time with your children, with a copy of this order attached, to the Director of Child Protection).during one attendance, in the company of a peace officer for the purpose of retrieving your personal belongings. through or in the immediate presence of ________ (but only after he or she has been informed by your conditional sentence supervisor officer of this order and your history as described in your criminal record).you may have contact and communication with ________ but you must immediately leave (his or her) presence upon their request (or the request of a peace officer). If this happens you must have no further contact, or communication with ________ without further order of this court. you may have contact with ________ but must never be in (his or her ) presence if you have any alcohol, intoxicating substance or drugs in your body or in your immediate possession, except in accordance with a medical prescription. (continued)through or in the immediate presence of a lawyer who has reviewed this order. through or in the immediate presence of one or more of the following professionals, after he or she has reviewed this order:counsellor, family justice counsellor,or mediator.in a public place (in the presence of ____ / where other adults are present).during scheduled court appearances or case conferences but only with a sheriff present.(OPTIONAL) NO SOCIAL MEDIA3003You must not publish or publicly make available any information respecting ________ via the internet or social media including Facebook, Twitter, My Space, Instagram, text messaging and email, or any other like service.(OPTIONAL) NON-ASSOCIATION3004You must have no contact or communication directly or indirectly with (co-accused or gang) (except:)during scheduled court appearance;through or in the immediate presence of a lawyer who has reviewed this pulsory NO Go3005You must not go to (or be within ____ metres of) (any residence, school or workplace of ______), (a specific address ) (except with a further order of this court).The exceptions are as follows:one attendance, in the company of a peace officer for the purpose of retrieving your personal belongings.for the sole purpose of picking-up and dropping off your children for parenting or contact time.(You must remain inside your vehicle when picking up or dropping off your children). in accordance with a Family Court Order made by a judge who has reviewed this order. You must forthwith file a copy of this order in any family proceeding in which you are a party or become a party. (You must give notice of any Family Court application for parenting or contact time, with a copy of this order attached, to the Director of Child Protection). for the purpose of ___ on ___between the hours of ____.in the immediate presence of ________, for the purpose of ________ on ________ between the hours of _______.you may attend but you must immediately leave the place upon the request of ________, and if that happens you must not re-attend without further order of this Court. while in a moving motor vehicle on your way to some other place (for the sole purpose of ________).Exception to Compulsory Written ConsentPursuant to s. 742(3) (1.1)(a) of the Criminal Code, after reviewing the written consent of ________, the Court is not imposing the mandatory conditions referred to in s. 742 (1.1).Exception To Compulsory Exceptional CircumstancesPursuant to s. 742(3) (1.1)(b) of the Criminal Code, because of the following exceptional circumstances: ________ the Court is not imposing the mandatory conditions referred to in s. 742 (1.1).Compulsory ReportingREPORT 3101You must report in person to the conditional sentence supervisor at _______ by 3:00 PM today (date and time), and after that, you must report as directed by the conditional sentence supervisor.REPORT IMMEDIATELY3102You must report immediately in person to the conditional sentence supervisor at _________ and after that, you must report as directed by the conditional sentence supervisor.REPORT BY PHONE3103You must report by telephone to the conditional sentence supervisor office at (address and telephone number) by 3:00 PM today (date and time). If the office is closed, you must try again the next business day and continue calling until you have spoken to a conditional sentence supervisor and received further direction to report. After that, you must report as directed by your conditional sentence supervisor.REPORT AFTER RELEASE 3104You must report in person to the conditional sentence supervisor at ________ within (two business days) after your release from custody, unless you have obtained, prior to your release, written permission from the conditional sentence supervisor to report elsewhere or within a different time frame. After that, you must report as directed by your conditional sentence supervisor.REPORT AFTER ARREST3105If at any time prior to the expiration of this order, you are arrested, detained or have served a sentence for another offence, you must report to your conditional sentence supervisor within two business days of your release from custody.Residence, House Arrest, E.M.P., Carry Permission RESIDENo change without consent3201When first reporting to the conditional sentence supervisor, you must inform him or her of your residential address and phone number. You must not change your residence or phone number without written permission from your conditional sentence supervisor.RESIDE Approved 3203You must reside at a residence approved in advance by your conditional sentence supervisor. You must provide your phone number to your supervisor, and you must not change your residence or your phone number without written permission from your conditional sentence supervisor.RESIDE Specific address3204You must reside at ________, (with ______). You must provide your supervisor with your phone number, and you must not change your residence or your phone number without written permission from your conditional sentence supervisor.OBEY RULES OF THE HOME3205You must obey all of the rules of your residence, so long as they do not conflict with the terms of this order or the directions of your supervisor. If there is a conflict, you must tell your conditional sentence supervisor about the conflict immediately.SURRENDER TRAVEL DOCS3207You must surrender all travel documents, including any passport, Nexus card, travel visa or enhanced driver’s licence to a peace officer at (police station) by (time and date), and thereafter you must not obtain any further travel documents.SURRENDER TRAVEL DOCS ACCOMPANYING PEACE OFFICER3208By (date and time) (immediately), you must attend (police station) with a copy of this order, you must present the order to a peace officer there, and you must accompany a peace officer to the location of all travel documents in your possession, including any passport, Nexus card, travel visa or enhanced driver’s licence. You must surrender all such items to the peace officer. You must not obtain any further travel documents.HOUSE ARREST3209For the duration of this order (first ___ months of this order), you must remain inside your residence, (or within 10 m of the front door of your residence) (or on the lot of your residence), under house arrest (24 hours per day) (between the hours of ______PM and ______AM), each day (every Friday and Saturday).You must present yourself immediately at the door to your residence or answer the phone when any peace officer or conditional sentence supervisor attends at your residence or calls to check your compliance with the house arrest condition of this order. (continued)You may be away from your residence during the house arrest hours with the written permission of your conditional sentence supervisor. Such permission is to be given only for compelling reasons. You must carry the written permission when you are outside your residence during the house arrest hours. You may also be away from your residence during the house arrest hours:While in the course of your employment, or when travelling directly to, or returning directly from, your place of employment. If requested, you must provide a conditional sentence supervisor with details of your employment, including location and hours of work.In the event of a medical emergency and then only while at a health care facility, or when traveling directly to, or returning directly from the facility. If requested, you must provide your conditional sentence supervisor with written confirmation that you went to the facility, signed by a representative of the health care facility to which you went.In the immediate presence of __________.In the presence of a person approved in writing by your conditional sentence supervisor. You must carry the written permission with you when you are away from your residence during the house arrest hours.REPORT OCCUPANTS3210When you first report to your conditional sentence supervisor, you must tell the supervisor the names of all permanent and temporary occupants of your residence and immediately tell him or her of any change. NO VISITORS3211You must have no visitors at your residence during your house arrest, except with the written permission of your conditional sentence supervisor. You must keep a copy of the permission at your residence.CHANGES IN EMPLOYMENT RELATIONSHIP STATUS3212You must provide your conditional sentence supervisor with the particulars of your employment or relationship status. You must inform your conditional sentence supervisor within two business days of any change in your employment or relationship status.ELECTRONIC MONITORING (TSR Required)3213The house arrest condition of this order will be monitored electronically. You must comply with all rules of the electronic monitoring program.CARRY COPY3214You must carry a copy of this order and any written permission from your conditional sentence supervisor with you at all times when you are outside your residence. If a peace officer stops you for any reason, you must immediately provide the peace officer with a copy of this order and written permission without being requested to do so (upon the request of a peace officer).No Go Specific Address and Red ZoneNO GO SPECIFIC ADDRESS3301You must not go to (or be within ____ metres of) ________, (except:)while on a highway in a moving motor vehicle on your way to some other place (for the purpose of travelling to and from _______.)RED ZONEOptions:1. Boundariesa. defined area, b. defined point2. Banishment33021a. Boundaries: defined area You must not be in the area of _____________, BC bounded by _____________ on the East, _____________ on the West, _____________ on the North and _____________ on the South.1b. Boundaries: defined pointYou must not be (north/south/east/west) of (City).2. Banishment: You must not be within a ____ kilometre radius of _________, BC.The exceptions are as follows:with the written permission of the conditional sentence supervisor in which case you must carry the written permission with you when you are in the (prohibited area/community).to attend scheduled court appearances, or appointments with the police, your conditional sentence supervisor, lawyer or doctor. You must provide your bail supervisor with advance notice of your attendance within the prohibited area.while in a moving motor vehicle on your way to some other place (for the sole purpose of travelling to and from _____).one attendance, in the company of a peace officer for the purpose of retrieving your personal belongings. e. in the immediate presence of _______.No Go and No Contact with MinorsNO GO PARKS OR SCHOOLS Reasons to be transcribed for Community Corrections3303You must not go to any public park, public swimming area, or community centre where persons under the age of ___ years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground, (except:) with the written permission of your conditional sentence supervisor. You must carry the permission with you when you are in the prohibited area.in the immediate presence of __________.in the immediate presence of another adult, and only after he or she has been informed by your conditional sentence supervisor of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment. NO CONTACT MINORS3304You must have no contact or communication directly or indirectly with, nor be alone in the presence of, any person you know to be or who reasonably appears to be under the age of____ years. The exceptions are as follows: if they are your children (names);if you have the written permission of your conditional sentence supervisor in which case you must carry the permission.in the immediate presence of _______, (and only after he or she has been informed by your conditional sentence supervisor of this order, and your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment. A copy of these Reasons for Judgment must be transcribed and provided to the conditional sentence supervisor);with the consent of the child’s parent or guardian, but only after the parent or guardian has reviewed this order;in the course of legitimate employment, but only in the immediate presence of an adult who has reviewed this order, or when contact is necessary and incidental to the employment;through or in the immediate presence of a lawyer who has reviewed this order during scheduled court appearances but only with a sheriff present; ACTIVITIES WITH CHILDREN3305You must not engage in activities, volunteer work or employment that could bring you in contact with persons under the age of ___ years without the written permission of your conditional sentence supervisor and when so engaged, you must carry this permission.ELTON HUBBS(Children)Transcribe reasons for Community Corrections3306You must not date, or enter into a marriage or common-law relationship with anyone who has the care or access to children under the age of ___ years until you have identified to your conditional sentence supervisor the person with whom you propose to enter into such a relationship and your conditional sentence supervisor has informed that person of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment. Contact with Future PartnersELTON HUBBS(Adults)Transcribe reasons for Community Corrections3307You must not date, or enter into a marriage or common-law relationship with any person, until you have identified to your conditional sentence supervisor the person with whom you propose to enter into such a relationship, and your conditional sentence supervisor has informed that person of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment. No Contact with Persons Identified by SupervisorNO CONTACT WITH PERSON IDENTIFIED3308You must not associate or have a relationship with anyone named by your conditional sentence supervisor if your supervisor has reasonably determined the relationship or association to be a risk to yourself or others or to be detrimental to your programming, counselling, re-integration into the community or a risk to the protection of society. Criminal HarassmentPROVIDE CELL NUMBER AND VEHICLE INFORMATION3309You must provide the conditional sentence supervisor with the carrier information and phone number of any mobile device or tablet that you possess, and the make, model, colour and licence plate numbers of any vehicle that you drive.NO SOCIAL MEDIA3003You must not publish or publicly make available any information respecting ________ via the internet or social media including Facebook, Twitter, My Space, Instagram, text messaging and email, or any other like service.CHANGES IN EMPLOYMENT RELATIONSHIP STATUS3212You must provide your conditional sentence supervisor with the particulars of your employment or relationship status. You must inform your conditional sentence supervisor within two business days of any change in your employment or relationship status.Drugs and AlcoholNO ALCOHOL OR DRUGS3401You must not possess or consume alcohol, drugs or any other intoxicating substance, except in accordance with a medical prescription.NO ALCOHOL Residence Exception3402You not must possess or consume alcohol or any other intoxicating substance, except while inside your residence, or while transporting it sealed directly to your residence. You must not be found in any public place in an intoxicated condition.NO GO LIQUOR OUTLETS3403You must not enter any liquor store, beer and wine store, bar, pub, lounge, night club, beer garden or any other business from which minors are prohibited at any time by the terms of a liquor licence.NO GO LIQUOR OUTLETSAlternate wording3404You must not enter any liquor store, beer and wine store, bar, pub, lounge, nightclub, or beer garden (or any other place where the primary commodity sold is liquor).NO ALCOHOL OR DRUGS IN RESIDENCE3405You must not reside at any place where any other resident has illegal drugs or alcohol in his or her possession, or permit any of these items to be brought inside your residence.DRUG PARAPHERNALIA3406You must not possess drug paraphernalia including but not limited to pipes, rolling papers and syringes.Counselling, Treatment, Rogers Order, and ReleasesCOUNSELLING Delegated to Conditional Sentence Supervisor3501You must attend, participate in and successfully complete any intake, assessment, counselling or program as directed by the conditional sentence supervisor.Without limiting the general nature of this condition, the intakes, assessments, counselling or programs may relate to:anger management,alcohol or drug abuse,spousal abuse prevention, mental health, sexual offence prevention, orgambling addiction.RESIDENTIAL TREATMENT3502You must attend, participate in and successfully complete any intake, assessment, counselling, program, treatment or residential treatment program as directed by your conditional sentence supervisor.FORENSIC SERVICES3503You must attend at the direction of your conditional sentence supervisor for a psychiatric intake, assessment, counselling or treatment program through Forensic Psychiatric Services.PRIVATE PROGRAMS AND TREATMENT FACILITIES3504Having consented, you must attend participate in and successfully complete _______ program as directed by your conditional sentence supervisor.You must comply with all the rules of the program so long as the rules do not conflict with this order or the directions of your conditional sentence supervisor. (continued) If they do conflict, you must advise your conditional sentence supervisor as soon as possible.When the program ends, you must immediately provide proof of your completion of the program to your supervisor.RELEASE TO PRIVATE FACILITY3505You are to be released to a (a representative of facility/ home/ named third party). You must report to a conditional sentence supervisor by telephone at (address and telephone of Community Corrections Office at originating location) within the first business day of your admission to the (facility/ home), and thereafter report as directed by your conditional sentence supervisor. If (a representative of the facility/ home) is unable to attend, escort, and admit you on the date of your eligible release, you are to be released and report forthwith to a conditional sentence supervisor at ________, and thereafter as directed (daily), until such time as (facility/ home) is able to admit you or the court changes this order.You must reside at _____________ located at _____________ or any other location associated with (that facility/ home), unless you have the written permission of the conditional sentence supervisor to reside elsewhere.You must not leave the (facility/ home) unless you are in the immediate presence of a staff member of the (facility/ home) or you have the written permission of your conditional sentence supervisor. Such permission is to be given only for compelling reasons. You must also carry the written permission when you are outside the (facility/ home). (continued)You must abide by all rules of the (facility/ home), so long as they do not conflict with the terms of this order. If there is a conflict, you must tell your conditional sentence supervisor about the conflict immediately.You must not possess or consume any alcohol or any other intoxicating substance except in accordance with a medical prescription.You must attend, participate in and complete any programs to which you are directed by the (facility). If you are expelled from the (facility/ home) or voluntarily remove yourself from the program without permission being obtained in advance from your conditional sentence supervisor, you must advise your conditional sentence supervisor forthwith. If the office is closed, you must contact your conditional sentence supervisor immediately when the office opens on the next business day.ROGERS ORDER3507Having consented you must do the following:At the direction of your conditional sentence supervisor report to Forensic Psychiatric Services or elsewhere for any intake, assessment, counselling or treatment.Attend all scheduled appointments with your doctor, psychiatrist and counsellor.Take all medications prescribed to you.Give your doctor, psychiatrist and counsellor a copy of this order.You must provide your conditional sentence supervisor with the names, addresses, and phone numbers of your doctor, psychiatrist, and counsellor. (continued)Tell your doctor, psychiatrist, and counsellor that if you do not follow any terms of this order, he or she is to inform your conditional sentence supervisor. (continued)If you decide not to follow these directions, you must immediately report to your conditional sentence supervisor when his or her office is open and tell your supervisor. EXPULSION FROM PROGRAM3506If you are expelled from the ________ or voluntarily remove yourself from the program without permission being obtained in advance from your conditional sentence supervisor, you must advise your conditional sentence supervisor forthwith. If the office is closed, you must contact your conditional sentence supervisor immediately when the office opens on the next business day.RELEASE FOR COUNSELLING AND TREATMENT3508You must sign any waiver of confidentiality or release of information forms as will enable your conditional sentence supervisor, counsellors or treatment providers to monitor your attendance, and completion of any intake, assessment, counselling, or treatment programs, and to collaboratively discuss your treatment needs.You must sign any release of information forms as will enable your conditional sentence supervisor to monitor your attendance and completion of any assessments, counselling or rehabilitative programs as directed.You must provide proof of your attendance and completion of any assessments, counselling or treatment programs as directed by your conditional sentence munity WorkCOMMUNITY WORK 3509You must complete ______ hours of community work under the direction of your conditional sentence supervisor. Your community work service must be completed by (date).COMMUNITY WORK Hours per Month3510You must complete ______ hours of community work under the direction of your conditional sentence supervisor. Your community work service must be performed at a rate of no fewer than _______ hours per MUNITY WORK For the Benefit3511Your community work service may be performed for the benefit of _____________, with the permission of your conditional sentence MUNITY WORK Counselling3512Any hours spent receiving counselling under this order will be credited towards your community work service hours.RestitutionRESTITUTIONMonthly Amounts3513You must pay restitution in the amount of $___________ to the Clerk of the Court for the benefit of _____________, payable in monthly installments of $___________ each, payable on the ___________ day of each month starting on ___________, and continuing until such time as the restitution is paid in full.RESTITUTIONDue Date3514You must pay restitution in the amount of $___________ to the Clerk of the Court for the benefit of _____________. Your restitution must be paid in full by _____________.Apology and Restorative JusticeAPOLOGY3515You must apologize to _____________ in the manner directed by your conditional sentence supervisor and to the satisfaction of your conditional sentence supervisor by __________.RESTORATIVE JUSTICE3516Subject to the consent of _____________, you must participate in a restorative justice program at the direction of your conditional sentence supervisor.Support DependentsSUPPORT DEPENDENTS3517You must provide adequate support for your dependents (names); or You must pay _____, $______ on the ____ of each month for the support of your dependents (names).TechnologyNO INTERNET3601You must not own, possess or use any device capable of accessing any computer network including the internet, except as permitted by this order.While (owning, possessing or using) any such device pursuant to this order:You must not delete your browsing history,You must not access, directly or indirectly, any social media sites, social networks, internet discussion forum or chat rooms, or maintain a personal profile on any such service, including Facebook, Twitter, Tinder, Instagram, LinkedIn or any similar service.You must not communicate or attempt to communicate with any person you know to be or who reasonably appears or represents him or herself to be under the age of _________ years through a social networking website, instant messaging service, or chat room program. Having consented, you must sign any release of information forms as will enable your conditional sentence supervisor to monitor your compliance with this term. Any information obtained by the conditional sentence supervisor can be given to a peace officer. Having consented, you must provide the device and any password used to lock the device to your conditional sentence supervisor or peace officer, upon their request, in order for him or her to monitor your compliance with this order. (continued)You are permitted to (own, possess or use) any device capable of accessing any computer network including the internet (if:)You are at a public device located at _________You are in the immediate presence of ________,You are in the immediate presence of a person approved of in writing by your conditional sentence supervisor. (Continued)You have the written permission of your conditional sentence supervisor.You are accessing the internet for the sole purpose of paying bills, banking, searching or applying for employment, searching for books at a public library, or communicating with a government agency.You are required by an employer, other than yourself, to use a computer or other device that is owned and controlled by the employer. The device must be used in the course of your employment, and with the permission of the employer, and only after the employer has confirmed with your conditional sentence supervisor that she or he has read a copy of this order.It is required for purposes directly and immediately related to your employment (not including self-employment)NO INTERNETUK wording3602You must not:Use any device capable of accessing the internet unless:it has the capacity to retain and display the history of the internet use; andyou consent to inspection of the device by your conditional sentence supervisor or a peace officer.Delete the history of the internet use from the device.Use the internet to contact or to attempt to contact any (person/male/female) you know to be or who reasonably appears or represents him or herself to be under the age of____ years, (except members of your immediate family).Possess any device capable of storing digital images, unless you consent to inspection of the storage device by your conditional sentence supervisor or a peace officer.You must provide the device and any password used to lock the device to your conditional sentence supervisor or a peace officer, upon their request, in order for him or her to monitor your compliance with this order.NO ISP CONTRACT3603You must not enter into any agreement or contract with any internet service provider for any internet access or any form of data plan, mobile or otherwise.NO DATA STORAGE3604You must not possess any device capable of storing data as defined in the Criminal Code, (unless): You have the written permission of your conditional sentence supervisor. (continued)You are required by an employer, other than yourself, to use a device capable of storing data that is owned and controlled by the employer. The device must be used in the course of your employment, and with the permission of the employer, after the employer has confirmed with your conditional sentence supervisor that she or he has read this order.NO PORN3605You must not possess any pornographic material or access any pornographic material by electronic means.Trafficking and Drug ProductionTRAFFICKING:One Phone Exception3606You must not possess or use any mobile communication device, except you may possess one cell phone with one phone number, which can only be used for the purposes of contacting your conditional sentence supervisor, lawyer, for lawful employment, or in an emergency.You must provide your conditional sentence supervisor with the telephone number and service provider and not change either without the written permission of the conditional sentence supervisor.You must:Sign any release of information forms as will enable your conditional sentence supervisor to monitor your compliance with this term. Any information obtained by the conditional sentence supervisor can be given to a peace officer. Provide the device and any password used to lock the device to your conditional sentence supervisor or peace officer, upon their request, in order for him or her to monitor your compliance with this order. Provide your conditional sentence supervisor with a copy of your monthly cell phone bill with details of all phone and text message activity. A peace officer may obtain a copy of these records from your conditional sentence supervisor.Retain a history of and not delete your call and text usage.NO CELL PHONES3607You must not possess or use a cell phone or any other device capable of accessing any cellular or computer network including the internet.PHONES AND VEHICLES3608You must not be in any motor vehicle in which there is a cell phone except if the vehicle is public transportation.GROW OP OR METH LAB3609You must not possess any marijuana seeds, metal halide lights, light bulbs of more than 250 watts, sodium vapor lights, ballasts, capacitors, light timers, or diesel generators.You must not possess any equipment or ingredients used in the production of methamphetamine including, but not limited to, heating mantles, beakers, round bottom flasks, red phosphorous, more than 3 grams of ephedrine or psuedoephedrine, reaction flasks of a volume exceeding 500 ml, iodine crystals or tincture of iodine, muriatic acid, ether, acetone, sodium thiosulfate, hypophosphorous acid, lye, drain cleaners, or lithium. ?DRUG PARA-PHERNALIA3406You must not possess drug paraphernalia including but not limited to pipes, rolling papers and syringes.Firearms and WeaponsFIREARMS AND WEAPONS PROHIBITIONException 3610You must not possess, either personally or through another person, any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or explosive substance, anything that resembles a weapon or firearm, any weapon as defined in section 2 of the Criminal Code, or any related authorizations, licences or registration certificates.i. Except that you may possess a firearm or ammunition for sustenance or employment purposes in accordance with the following terms and conditions:a.???? You are properly licenced, b.???? You are sober, andYou possess the firearm and ammunition only when travelling to, from or in the course of a legal hunt, orYou possess the firearm and ammunition only when travelling to, from or in the course of your employment.FIREARMS:Not in Residence3611You must not reside in any residence in which any other person keeps or stores any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or explosive substance.SURRENDER FIREARMS3613You must immediately (or by 3:00 PM today) go to the _____________ police station and present a copy of this order for the purpose of accompanying a peace officer to the place of all firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition or explosive substances and all weapons, imitation weapons including imitation firearms possessed by you or through another person, and to the location of any related authorizations, licences or registration certificates, and surrendering all such items to that peace officer. SURRENDER FIREARMSUpon Release From Custody3614Immediately, upon your release from custody you must telephone the________ police station and speak to a peace officer. You must tell the officer about this order and make arrangements to surrender all firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition or explosive substances and all weapons, imitation weapons including imitation firearms possessed by you or through another person, and any related authorizations, licences or registration certificates. You must surrender all of these items in the manner directed by the peace officer.TRANSFER OF FIREARMS3615Within 90 days, you can transfer legal ownership in the firearms, cross bows, restricted weapons, and ammunition to individuals or businesses possessing the necessary licences, authorizations and registration certificates and who are not otherwise prohibited from possessing the items. If you do not transfer legal ownership of the items within 90 days of the entry of this order or the legal transferees of the items do not take possession of the items within 90 days of the entry of this order, the items are forfeited to Her Majesty.KNIVES3616You must not possess any knife, except for the immediate preparation or eating of food, or for purposes directly and immediately related to your employment.Tools, Disguises and ColoursBREAK IN TOOLS3617You must not possess any tools or instruments capable of use for criminal activity, including (pry bars, screwdrivers, bump keys, bolt cutters, pliers, blow torches, grinders, night vision goggles, slim jims, lock picks,) (except):while on your property;for the purposes of employment and then only when immediately engaged in work or traveling directly to and from your place of employment. You must provide your conditional sentence supervisor with the particulars of your location and hours of employment if requested to do so;with the written permission of your conditional sentence supervisor, in which case you must carry the permission with you.KEYS3618You must not possess any keys except for vehicles or premises of which you are lawfully entitled to possession.FACE MASK3628You must not use or possess anything intended to allow you to mask or disguise your face, including a facemask or balaclava.ARSON:No Incendiary Devices3629You must not possess any incendiary device, flammable product or explosive substance. This prohibition includes, but is not limited to, lighters, matches, jerry cans, fire accelerant and fireworks, except with the written permission of the conditional sentence supervisor. If you are granted permission, you must carry a copy of the written permission when you possess any of these items outside your residence.GRAFITTIWriting and Marking Tools3630You must not possess any paint, dye, (acid) paint brushes, spray paint cans, or large marking pens outside your residence, except with the written permission of the conditional sentence supervisor. If you are granted permission, you must carry a copy of the written permission (continued)when you are possess any of these items outside your residence.GANG COLOUR3631You must not wear, own, possess or display any clothing, jewelry or any other property of any kind with the names, logos or insignias of (name of gangs) including any of the above that display support for (name of gangs). You must cover all tattoos displaying the names, logos or insignias of (name of gangs) when you are outside your residence, so that they are not mercial CrimeCREDIT CARDS AND ID3619You must not possess any identification documents, including credit cards, debit cards, cheques, negotiable instruments, driver’s licences, birth certificates, social insurance cards, mail, invoices, or bills other than ones in your own name, except in the following circumstances: items in the name of ____; or members of your family.for purposes immediately and directly related to your employment.ACCOUNT INFOELECTRONIC DATA 3620You must not possess any account information, credit or debit card data or any electronic storage medium, including any credit or identification card with a data strip or security chip, that contains personal information, with the exception of your own account information or data, (except):items in the name of _________; orfor purposes immediately and directly related to your RM EMPLOYER3621Before seeking, obtaining, or continuing any employment, or becoming a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person or corporation, you must inform the employer or the organization about this conviction.NO WORKING IN PRIVATE RESIDENCE3622You must not work in any capacity that requires you to enter another person’s private residence unless you have the written permission of your conditional sentence supervisor. You must carry the permission with you while engaged in such work.NO PAWNING3632You must not sell anything to a pawnbroker, nor give anything to a pawnbroker for money borrowed.VehiclesNOT TO BE IN DRIVER SEAT3623You must not occupy the driver’s seat of any motor vehicle. You must provide a copy of this order to any peace officer who asks to see your driver’s licence.NO DRIVING EXCEPT FOR WORK3624You must not occupy the driver’s seat of any vehicle (except:)for the purposes of employment and then only when immediately engaged in your employment or traveling directly to or from your place of employment. If requested, you must provide your conditional sentence supervisor with the particulars of your employment including the hours and location.in the event of a medical emergency and then only when traveling directly to, or returning directly from a health care facility. If requested, you must provide your conditional sentence supervisor with written confirmation that you went to the facility, signed by a representative of the health care facility you went to. (Continued)You must immediately provide a copy of this order to any peace officer who asks to see your driver’s licence.ALCOHOL IGNITION INTERLOCK3625You must not operate any motor vehicle unless it is equipped with an Alcohol Ignition Interlock device approved by the province of BC.You must provide the conditional sentence supervisor with written proof of the installation of the device on any private motor vehicle you use no later than _____________.You must ensure that the device is in working order and you must have it monitored, inspected and maintained in accordance with the manufacturer’s recommendations.Within three days after each inspection or maintenance of the device, you must provide the conditional sentence supervisor with any report or documentation produced after the inspection or maintenance.You are permitted to operate a motor vehicle that is not equipped with an Alcohol Ignition Interlock device only for purposes directly related to your employment and while in the course of your employment.You must provide the conditional sentence supervisor with written proof of your employment and the make, model and licence plate number of any vehicles directly related to your employment that you will be operating.You must provide a copy of this order to any peace officer who asks to see your driver’s licence.Not TO Be in Vehicle Without registered owner3626You must not enter any motor vehicle, other than public transportation, unless you are the registered owner, or the registered owner of the vehicle is present in the vehicle or you have in your immediate possession the written permission of the registered owner or your employer to be in the vehicle.You must provide a copy of this order and written permission to any peace officer who stops a vehicle that you are in.No go Parking Lots3627You must not loiter in any parkade, parking lot, motor vehicle dealership lot, or property where the primary business is the repair of motor vehicles.CONDITIONAL SENTENCEThe purpose of a conditional sentence order is explained in R. v. Proulx, 2000 SCC 5 at para. 22-23: The conditional sentence incorporates some elements of non-custodial measures and some others of incarceration.? Because it is served in the community, it will generally be more effective than incarceration at achieving the restorative objectives of rehabilitation, reparations to the victim and community, and the promotion of a sense of responsibility in the offender.? However,?it is also a punitive sanction capable of achieving the objectives of denunciation and deterrence.? It is this punitive aspect that distinguishes the conditional sentence from probation…While a suspended sentence with probation is primarily a rehabilitative sentencing tool, the evidence suggests that Parliament intended a conditional sentence to address both punitive and rehabilitative objectives.And at paragraphs 36-37:Accordingly, conditional sentences should generally include punitive conditions that are restrictive of the offender’s liberty.? Conditions such as house arrest or strict curfews should be the norm, not the exception…There must be a reason for failing to impose punitive conditions when a conditional sentence order is made.? Sentencing judges should always be mindful of the fact that conditional sentences are only to be imposed on offenders who would otherwise have been sent to jail.? If the judge is of the opinion that punitive conditions are unnecessary, then probation, rather than a conditional sentence, is most likely the appropriate disposition.There is no obligation to use this picklist. Instead, judges can create their own conditions or use a different picklist. Judicial creativity in sentencing is encouraged, including creativity in conditional sentence conditions. However the power to impose conditions cannot be construed as unlimited and absolute. The conditions should be:necessary;clear and unambiguous;properly delegated;not in contravention of the provincial/federal legislation including the Charter;enforceable; andfor securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences. ................
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