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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2020-05-04 and last amended on 2019-12-18. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)

Information, Summons and Warrant (continued)

Marginal note:Information laid otherwise than in person

  •  (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing.

  • Marginal note:Alternative to oath

    (2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer’s knowledge and belief, and such a statement is deemed to be a statement made under oath.

  • 1997, c. 18, s. 56

Marginal note:Summons

  •  (1) A summons issued under this Part shall

    • (a) be directed to the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.

  • Marginal note:Service on individual

    (2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.

  • (3) [Repealed, 2008, c. 18, s. 17]

  • Marginal note:Summary of certain provisions

    (4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

  • R.S., 1985, c. C-46, s. 509
  • R.S., 1985, c. 27 (1st Supp.), s. 80
  • 1992, c. 47, s. 71
  • 1996, c. 7, s. 38
  • 2008, c. 18, s. 17
  • 2019, c. 25, s. 221

 [Repealed, 2019, c. 25, s. 222]

Marginal note:Contents of warrant to arrest

  •  (1) A warrant issued under this Part shall

    • (a) name or describe the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.

  • Marginal note:No return day

    (2) A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time.

  • Marginal note:Discretion to postpone execution

    (3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 511
  • R.S., 1985, c. 27 (1st Supp.), s. 81
  • 1997, c. 18, s. 57

Marginal note:Certain actions not to preclude issue of warrant

  •  (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

    • (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);

    • (b) a summons has previously been issued under subsection 507(4); or

    • (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.

  • Marginal note:Warrant in default of appearance

    (2) Where

    • (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,

    • (b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or

    • (c) it appears that a summons cannot be served because the accused is evading service,

    a justice may issue a warrant for the arrest of the accused.

  • R.S., 1985, c. C-46, s. 512
  • R.S., 1985, c. 27 (1st Supp.), s. 82
  • 1997, c. 18, s. 58
  • 2019, c. 25, s. 223

Marginal note:Arrest warrant — failure to appear under summons

 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

  • 2019, c. 25, s. 224

Marginal note:Arrest warrant — failure to appear under appearance notice or undertaking

 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

  • 2019, c. 25, s. 224

Marginal note:Warrant to appear under section 524

 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.

  • 2019, c. 25, s. 224

Marginal note:Formalities of warrant

 A warrant in accordance with this Part shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.

  • R.S., c. 2(2nd Supp.), s. 5

Marginal note:Execution of warrant

  •  (1) A warrant in accordance with this Part may be executed by arresting the accused

    • (a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or

    • (b) wherever he is found in Canada, in the case of fresh pursuit.

  • Marginal note:By whom warrant may be executed

    (2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.

  • R.S., c. 2(2nd Supp.), s. 5

Judicial Interim Release

Marginal note:Release order without conditions

  •  (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

  • Marginal note:Release order with conditions

    (2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,

    • (a) an indication that the release order does not include any financial obligations;

    • (b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

    • (c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

    • (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or

    • (e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.

  • Marginal note:Imposition of least onerous form of release

    (2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.

  • Marginal note:Promise to pay favoured over deposit

    (2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.

  • Marginal note:Restraint in use of surety

    (2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.

  • Marginal note:Power of justice — sureties

    (2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.

  • Marginal note:Appearance of the accused

    (2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.

  • Marginal note:When consent required for audioconference

    (2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.

  • Marginal note:Factors to consider

    (3) In making an order under this section, the justice shall consider any relevant factors, including,

    • (a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or

    • (b) whether the accused has been previously convicted of a criminal offence.

  • Marginal note:Conditions authorized

    (4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:

    • (a) report at specified times to a peace officer, or other person, designated in the order;

    • (b) remain within a specified territorial jurisdiction;

    • (c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (f) deposit all their passports as specified in the order;

    • (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

    • (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.

  • Marginal note:Condition prohibiting possession of firearms, etc.

    (4.1) When making an order under subsection (2), in the case of an accused who is charged with

    • (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    • (a.1) a terrorism offence,

    • (b) an offence under section 264 (criminal harassment),

    • (b.1) an offence under section 423.1 (intimidation of a justice system participant),

    • (b.2) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act,

    • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

    • (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

    the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

  • Marginal note:Surrender, etc.

    (4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

    • (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Additional conditions

    (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order

    • (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or

    • (b) that the accused comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of those persons.

  • Marginal note:Offences

    (4.3) The offences for the purposes of subsection (4.2) are

    • (a) a terrorism offence;

    • (b) an offence described in section 264 or 423.1;

    • (c) an offence in the commission of which violence against a person was used, threatened or attempted; and

    • (d) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.

  • Marginal note:Detention in custody

    (5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.

  • Marginal note:Order of detention

    (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

    • (a) with an indictable offence, other than an offence listed in section 469,

      • (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,

      • (ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

      • (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

      • (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

      • (v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),

      • (vi) that is an offence under section 99, 100 or 103,

      • (vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

      • (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

    • (b) with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada,

    • (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

    • (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or

    • (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

  • Marginal note:Reasons

    (6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.

  • Marginal note:Release order

    (7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.

  • (8) [Repealed, 2019, c. 25, s. 225]

  • Marginal note:Sufficiency of record

    (9) For the purposes of subsections (5) and (6), it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

  • Marginal note:Written reasons

    (9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

  • Marginal note:Justification for detention in custody

    (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

    • (a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

    • (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

    • (c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

      • (i) the apparent strength of the prosecution’s case,

      • (ii) the gravity of the offence,

      • (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

      • (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

  • Marginal note:Detention in custody for offence listed in section 469

    (11) Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused.

  • Marginal note:Order re no communication

    (12) A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary.

  • Marginal note:Consideration of victim’s safety and security

    (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that he or she considered the safety and security of every victim of the offence when making the order.

  • Marginal note:Copy to victim

    (14) If an order is made under this section, the justice shall, on request by a victim of the offence, cause a copy of the order to be given to the victim.

  • R.S., 1985, c. C-46, s. 515
  • R.S., 1985, c. 27 (1st Supp.), ss. 83, 186
  • 1991, c. 40, s. 31
  • 1993, c. 45, s. 8
  • 1994, c. 44, s. 44
  • 1995, c. 39, s. 153
  • 1996, c. 19, ss. 71, 93.3
  • 1997, c. 18, s. 59, c. 23, s. 16
  • 1999, c. 5, s. 21, c. 25, s. 8(Preamble)
  • 2001, c. 32, s. 37, c. 41, ss. 19, 133
  • 2008, c. 6, s. 37
  • 2009, c. 22, s. 17, c. 29, s. 2
  • 2010, c. 20, s. 1
  • 2012, c. 1, s. 32
  • 2014, c. 17, s. 14
  • 2015, c. 13, s. 20
  • 2018, c. 16, s. 218
  • 2019, c. 25, s. 225
 
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