Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Justice to hear informant and witnesses
  •  (1) A justice who receives an information laid before him under section 505 shall

    • (a) hear and consider, ex parte,

      • (i) the allegations of the informant, and

      • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so;

    • (b) where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,

      • (i) confirm the appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or

      • (ii) cancel the appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and

    • (c) where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.

  • Marginal note:Procedure when witnesses attend

    (2) A justice who hears the evidence of a witness pursuant to subsection (1) shall

    • (a) take the evidence on oath; and

    • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

  • R.S., 1985, c. C-46, s. 508;
  • R.S., 1985, c. 27 (1st Supp.), s. 79.
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:Content of summons

    (4) There shall be set out in every summons the text of subsection 145(4) and section 510.

  • 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.
Marginal note:Failure to appear

 Where an accused who is required by a summons to appear at a 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.

  • R.S., 1985, c. C-46, s. 510;
  • 1992, c. 47, s. 72;
  • 1996, c. 7, s. 38.
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 a promise to appear or a recognizance entered into before an officer in charge or another peace officer 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 unconditionally or with the intention of compelling his 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 a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith 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.
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.
 
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