Internet Prohibition: Section 161
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Section 161(1)(d) permits the courts to prohibit Internet use but does not provide the court with the power to restrict ownership of such Internet capable devices. Nor should such a power be inferred.
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In cases involving first time offenders, the court must remain cognizant of the need to avoid an order under s. 161(1)(d) that might unduly prevent a first time offender from making serious rehabilitative efforts in light of his particular circumstances:
Because these orders can have a significant impact on the liberty and security of offenders and can attract a considerable degree of stigma, they will be justified where the court is satisfied that the specific terms of the order are a reasonable attempt to minimize the risk the offender poses to children. The terms of such orders must, therefore, carefully respond to an offender’s specific circumstances: R v Brar, 2016 ONCA 724, see paras 17-28
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See also R v KRJ, 2016 SCC 31
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Non-communication order: Section 743.21
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In R v McNeil, 2016 ONCA 384, the Court varied a non-communication order to allow the appellant to communicate with his co-accused and partner following the expiration of her custodial sentence - given that his custodial sentence would expire serveral years after hers.
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Restitution Orders: Sections 738 and 739
An accused's status as the residual beneficiary under a will does not preclude the making of a restitution order in favour of the estate bequethed in that will: R v Hooyer, 2016 ONCA 44 at para 31
Weapons Prohibition Order: Section 109
Implied or perceived threats of violence will satisfy the criteria of mposing a weapons prohibition order under s.109(1)(a): R v Mills, 2016 ONCA 391 at para 14
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Despite a weapons prohibition order being mandatory under s.109(1)(c), if no judicial order is made, no order shall issue: R v. Shia, 2015 ONCA 190 at paras 34-38
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There is no deference owed to a trial judge's imposition of a lifetime weapons prohibition order where no reasons were provided for the imposition of that order: R v Dow, 2017 ONCA 233 at para 3
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