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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1325
Experience:  Lawyer
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I am a First Nations band member and was charged with an

Customer Question

I am a First Nations band member and was charged with an offence and have been instructed by police officers in my community that I cannot return back to my First Nations community or I will be thrown in jail? Is this right?
JA: No, you can ask a one off question to try things out. Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is in Canada Ontario and happened 6 days ago I was handed a Summons and conditions state I cannot go back to my own home or reserve
JA: Has anything been filed or reported?
Customer: I was given a promis to appear and an under taking and this office told me directly that I cannot return back to my home reserve or I will be thrown in jail
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if they have the power to do this to me. From me returning to my own band reserve
Submitted: 12 days ago.
Category: Canada Law
Expert:  Daniel Freudman replied 12 days ago.

If the offence took place in your community and the community is small and there is concern of re-offending should you return, then yes, police can impose such a condition. This is very common in domestic assault cases where Husband assaults Wife, who both reside together as Family Home, and even if Husband owns Family Home, police can impose a condition that Husband not return to Family Home while the charges are being dealt with. If Husband does return, that would be in breach of his terms of release and he could get arrested and go to jail. Also, for example, if X sells drugs at School ABC, and gets arrested, part of X's conditions could be that he not return to School ABC.

I know these aren't identical examples to your case but they show that your situation is not necessarily uncommon, and police to have authority to impose such conditions on release as they deem just and appropriate and necessary in the public's interest.

Hopefully that answers your question.

Expert:  Daniel Freudman replied 10 days ago.

Hopefully my answer was of assistance. If so, would you kindly provide me with a positive rating so I can receive credit for my services. Thank you

Expert:  Daniel Freudman replied 9 days ago.
Sorry to bother you but would you kindly provide me with a positive rating so I can receive credit for my services. Thank you
Expert:  Daniel Freudman replied 7 days ago.

Hello, would you kindly provide me with a positive rating so I can receive credit for my services. Thank you

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