Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-08-01 and last amended on 2016-06-17. Previous Versions

Marginal note:Other interprovincial transfers
  •  (1) If an accused who is detained in custody under a disposition made by a Review Board is transferred to another province otherwise than under section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.84.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorneys General of the provinces to and from which the accused is to be transferred as described in that subsection may, after the transfer is made, enter into an agreement subject to this Act, enabling the Review Board of the province to which an accused is transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, subject to the terms and conditions and in the circumstances set out in the agreement.

  • 1991, c. 43, s. 4;
  • 2014, c. 6, s. 18.

Enforcement of Orders and Regulations

Marginal note:Execution of warrant anywhere in Canada

 Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.

  • 1991, c. 43, s. 4;
  • 1997, c. 18, s. 91;
  • 2005, c. 22, s. 35(F).
Marginal note:Arrest without warrant for contravention of disposition

 A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply with the assessment order or disposition or any condition of it, or is about to do so.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Release or delivery of accused subject to paragraph 672.54(b) disposition order
  •  (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and

    • (a) issue a summons or appearance notice compelling the accused’s appearance before a justice; and

    • (b) deliver the accused to the place specified in the disposition or assessment order.

  • Marginal note:No release

    (2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to

      • (i) establish the identity of the accused,

      • (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,

      • (iii) prevent the commission of an offence, or

      • (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order;

    • (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or

    • (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.

  • Marginal note:Accused to be brought before justice

    (3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.

  • Marginal note:Accused subject to paragraph 672.54(c) disposition order

    (4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.

  • Marginal note:Justice not available

    (5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Where justice to release accused
  •  (1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

  • Marginal note:Notice

    (1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • Marginal note:Order of justice pending decision of Review Board

    (2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Powers of Review Board

 Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing anything that may be prescribed under this Part; and

  • (b) generally to carry out the purposes and provisions of this Part.

  • 1991, c. 43, s. 4.

PART XXIAppeals — Indictable Offences

Interpretation

Marginal note:Definitions

 In this Part,

court of appeal

cour d’appel

court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; (cour d’appel)

indictment

acte d’accusation

indictment includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d’accusation)

registrar

registraire

registrar means the registrar or clerk of the court of appeal; (registraire)

sentence

sentence, peine ou condamnation

sentence includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), and

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act; (sentence, peine ou condamnation)

trial court

tribunal de première instance

trial court means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)

  • R.S., 1985, c. C-46, s. 673;
  • R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4;
  • 1992, c. 1, s. 58;
  • 1993, c. 45, s. 10;
  • 1995, c. 22, s. 5, c. 39, ss. 155, 190;
  • 1996, c. 19, s. 74;
  • 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble);
  • 2002, c. 13, s. 63;
  • 2005, c. 22, ss. 38, 45;
  • 2006, c. 14, s. 6;
  • 2013, c. 11, s. 2.
 
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