SECTION 161 VARIATIONS
criminal law
A Section 161 Order imposes restrictions on where an individual can go in public and/or how they can use the internet. If a condition bans internet access, it may hinder a person’s ability to find meaningful work. In such cases, PATH may be able to offer legal assistance to modify or remove these conditions.
Why may someone be able to alter their Section 161 Order?
Section 161 Orders are important as they protect the safety of children. Namely, Section 161 orders are meant to eliminate a person’s access to places where children are or reasonably could be. In many cases these orders are appropriate.
However, for some individuals, the restrictiveness and duration of the conditions can prevent them from obtaining services such as housing or employment. In these cases, it may be appropriate to challenge and change a certain condition of the order to facilitate meaningful rehabilitation.
The Process
ORDER MADE
Judge orders a Section 161 Order at sentencing
ACCESS TO SERVICES CONCERN(S)
The individual who is subject to the order has trouble accessing housing, employment, or other services and needs a condition(s) of their Order changed.
APPLICATION TO VARY ORDER
Individual applies in court to change or revoke their Section 161 Order.
HEARING TO VARY ORDER
Evidence and arguments will be presented from both the individual under the Order and the prosecution. After hearing the evidence and arguments, the judge will make a decision.
Possible Remedies
Removing a condition which significantly interferes with access to housing, employment or other social services.
Changing a condition that is significantly interfering with access to housing, employment or other social services.
How PATH can help
PATH can offer legal representation or assistance on an application to vary or revoke Section 161 Orders.
PATH can offer summary advice for someone who is considering appealing their Section 161 Order.
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