Banishment as a Condition in a Probation Order
Banishment is a rare condition in a probation order, but can be included under section 732.1(3)(h) of the Code which reads that a probation order may include, among other conditions: (h) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender’s successful reintegration into the community. As long as the condition is reasonable, and is included for the purpose of protecting society, or aiding in the offender’s rehabilitation, then it is acceptable. Banishment orders are not to be issued routinely, and a banishment order cannot be intended to be penal such that it promotes deterrence, denunciation or retribution. R. v. Etifier , 2009 BCCA 292 (CanLII), at paras. 9-17. Banishment for an improper purpose A practice whereby one community seeks to rid itself of undesirables by foisting them off on other communities should not be t...