Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Directions for expediting proceedings

 Subject to subsection 525(9), a court, judge or justice before which or whom an accused appears pursuant to this Part may give directions for expediting any proceedings in respect of the accused.

  • R.S., 1985, c. C-46, s. 526;
  • R.S., 1985, c. 27 (1st Supp.), s. 91.

Procedure to Procure Attendance of a Prisoner

Marginal note:Procuring attendance
  •  (1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if

    • (a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and

    • (b) the judge is satisfied that the ends of justice require that an order be made.

  • Marginal note:Provincial court judge’s order

    (2) A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.

  • Marginal note:Conveyance of prisoner

    (3) An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall

    • (a) deliver the prisoner to any person who is named in the order to receive him; or

    • (b) bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.

  • Marginal note:Detention of prisoner required as witness

    (4) Where a prisoner is required as a witness, the judge or provincial court judge shall direct, in the order, the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.

  • Marginal note:Detention in other cases

    (5) Where the appearance of a prisoner is required for the purposes of paragraph (1)(a) or (b), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

    • (a) to be kept in custody, if he is ordered to stand trial; or

    • (b) to be returned, if he is discharged on a preliminary inquiry or if he is acquitted of the charge against him.

  • Marginal note:Application of sections respecting sentence

    (6) Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.

  • Marginal note:Transfer of prisoner

    (7) On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.

  • Marginal note:Conveyance of prisoner

    (8) An order under subsection (7) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall deliver the prisoner to the peace officer who is named in the order to receive him.

  • Marginal note:Return

    (9) When the purposes of any order made under this section have been carried out, the prisoner shall be returned to the place where he was confined at the time the order was made.

  • R.S., 1985, c. C-46, s. 527;
  • R.S., 1985, c. 27 (1st Supp.), ss. 92, 101(E), 203;
  • 1994, c. 44, s. 50;
  • 1995, c. 22, s. 10;
  • 1997, c. 18, s. 62;
  • 2015, c. 3, s. 52(F).

Endorsement of Warrant

Marginal note:Endorsing warrant
  •  (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.

  • Marginal note:Copy of affidavit or warrant

    (1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).

  • Marginal note:Effect of endorsement

    (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.

  • R.S., 1985, c. C-46, s. 528;
  • R.S., 1985, c. 27 (1st Supp.), s. 93;
  • 1994, c. 44, s. 51.

Powers to Enter Dwelling-houses to Carry out Arrests

Marginal note:Including authorization to enter in warrant of arrest
  •  (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house.

  • Marginal note:Execution

    (2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

  • R.S., 1985, c. C-46, s. 529;
  • 1994, c. 44, s. 52;
  • 1997, c. 39, s. 2.
Marginal note:Warrant to enter dwelling-house

 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

  • (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

  • (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or

  • (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

  • 1997, c. 39, s. 2;
  • 2002, c. 13, s. 23.
Marginal note:Reasonable terms and conditions

 Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.

  • 1997, c. 39, s. 2.
Marginal note:Authority to enter dwelling without warrant
  •  (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

  • Marginal note:Exigent circumstances

    (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer

    • (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or

    • (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

  • 1997, c. 39, s. 2.
Marginal note:Omitting announcement before entry
  •  (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would

    • (a) expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note:Execution of authorization

    (2) An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note:Exception

    (3) A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • 1997, c. 39, s. 2.
 
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