Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Review of order
  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to accused

    (2) An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Warrant for detention

    (6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.

  • Marginal note:Execution

    (7) A warrant issued under subsection (5) or (6) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (8) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused,

    and shall either

    • (d) dismiss the application, or

    • (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.

  • Marginal note:Limitation of further applications

    (9) Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 521;
  • R.S., 1985, c. 27 (1st Supp.), s. 87;
  • 1994, c. 44, s. 47;
  • 1999, c. 3, s. 32.
Marginal note:Interim release by judge only
  •  (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

  • Marginal note:Idem

    (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note:Order re no communication

    (2.1) A judge referred to in subsection (2) 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 judge considers necessary.

  • Marginal note:Release of accused

    (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsections 515(4), (4.1) and (4.2) as the judge considers desirable.

  • Marginal note:Order not reviewable except under section 680

    (4) An order made under this section is not subject to review, except as provided in section 680.

  • Marginal note:Application of sections 517, 518 and 519

    (5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).

  • Marginal note:Other offences

    (6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

  • R.S., 1985, c. C-46, s. 522;
  • R.S., 1985, c. 27 (1st Supp.), s. 88;
  • 1991, c. 40, s. 32;
  • 1994, c. 44, s. 48;
  • 1999, c. 25, s. 10(Preamble).
Marginal note:Period for which appearance notice, etc., continues in force
  •  (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into,

    • (a) where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or

    • (b) in any other case,

      • (i) until his trial is completed, and

      • (ii) where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

  • Marginal note:Where new information charging same offence

    (1.1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, a new information, charging the same offence or an included offence, is received, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the new information.

  • Marginal note:When direct indictment is preferred charging same offence

    (1.2) When an accused, in respect of an offence with which the accused is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, and an indictment is preferred under section 577 charging the same offence or an included offence, the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the indictment.

  • Marginal note:Order vacating previous order for release or detention

    (2) Despite subsections (1) to (1.2),

    • (a) the court, judge or justice before which or whom an accused is being tried, at any time,

    • (b) the justice, on completion of the preliminary inquiry in relation to an offence for which an accused is ordered to stand trial, other than an offence listed in section 469, or

    • (c) with the consent of the prosecutor and the accused or, where the accused or the prosecutor applies to vacate an order that would otherwise apply pursuant to subsection (1.1), without such consent, at any time

      • (i) where the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice,

      • (ii) where the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or

      • (iii) the court, judge or justice before which or whom an accused is to be tried,

      may, on cause being shown, vacate any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused until his trial is completed that the court, judge or justice considers to be warranted.

  • Marginal note:Provisions applicable to proceedings under subsection (2)

    (3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.

  • R.S., 1985, c. C-46, s. 523;
  • R.S., 1985, c. 27 (1st Supp.), s. 89;
  • 2011, c. 16, s. 2.
 
Date modified: