Banning Orders – Can I be banned from entering a public place?

A restraining order is an order that prohibits an inmate, until a specified date, from doing or attempting to do any of the following:

1. Enter or remain in a declared authorized premises; or a certain class of authorized premises;
2. Entering or remaining in, during established hours, an established area that is a particular distance from the authorized premises;
3. Attend or remain at a certain event, to be held in a public place, in which liquor will be sold for consumption.

It is advisable that those responding to a request for a prohibition order obtain some certainty in the order specifying the area. Details of the names of streets or the adjoining area with multiple streets listed removes ambiguity and resolves any potential conflicts. It may also be that a blanket ban can be avoided by seeking to restrict the hours of exclusion.

A court may issue a prohibition order, with the conditions it deems necessary, upon request by the prosecution when:

1. The offender has been convicted of a crime involving the use, threatened use, or attempted use of unlawful violence against a person or property. and;
2. The offense was committed on licensed premises, or in a public place in the vicinity of the licensed premises.

The Petitioner must convince the Court that, unless the Order is entered, the Defendant would raise an unacceptable risk to:

1. the good order of the authorized premises and the areas surrounding the authorized premises; gold
2. the safety and well-being of the people who attend the licensed facilities and the areas near the licensed facilities.

In considering risk, the court must take into account all the circumstances of the case, including, for example, the following:

1. if the defendant has been the subject of another prohibition order under the Law of Penalties and Sentencesarticle 11(3) of the lease law or a civil restraining order imposed under section 173X of the liquor law;
2. the defendant’s criminal record;
3. the circumstances of the offender’s person and the possible effect of the order on those circumstances;
4. anything else the court deems pertinent

The court has discretion to impose the restraining order for not more than 12 months. When the defendant is sentenced to a term of imprisonment, the prohibition order begins at the conclusion of the sentence. Those facing a restraining order should consider whether the unacceptable risk exists for the entire 12-month period or whether such risk is likely to reduce in a shorter period of time.

The restraining order may not restrict a defendant from entering or remaining within the defendant’s residence, place of employment, or place of education. In addition, the order must not cause undue hardship to the offender or the offender’s family. It is up to the defendant to establish such difficulties.

The legislation also provides that the order will not be breached if the person is using a means of transportation required to be used by the offender. The order must describe the mode of transportation in sufficient detail to identify the mode of transportation and state that the respondent is not prevented from entering or remaining in the mode of transportation.

While the legislation is broad in its discretion, those responding to a request must carefully consider the implications of the order on their ability to enter the particular location. If the unacceptable risk threshold test is met, they must consider whether it will cause undue hardship and have evidence of such hardship or, in the case of carriage requirements, details of the mode of transport.

A prohibition order is not trivial, a violation carries a maximum penalty of $4,000.00 or 12 months in prison.