Criminal Code (R.S.C., 1985, c. C-46)

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

Marginal note:Prohibition on use of bodily substance
  •  (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 11;
  • 2015, c. 20, s. 34.
Marginal note:Breach of recognizance

 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.

  • R.S., 1985, c. C-46, s. 811;
  • 1993, c. 45, s. 11;
  • 1994, c. 44, s. 82;
  • 1997, c. 17, s. 10, c. 23, ss. 20, 27;
  • 2001, c. 41, s. 23;
  • 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12.
Marginal note:Proof of certificate of analyst — bodily substance
  •  (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • Definition of analyst

    (2) In this section, analyst has the same meaning as in subsection 254(1).

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • Marginal note:Requiring attendance of analyst

    (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • 2011, c. 7, s. 12;
  • 2015, c. 20, s. 34.

Appeal

Definition of appeal court

  •  (1) For the purposes of sections 813 to 828, appeal court means

    • (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

    • (e) [Repealed, 1992, c. 51, s. 43]

    • (f) [Repealed, 2015, c. 3, s. 56]

    • (g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court;

    • (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

    • (i) in Nunavut, a judge of the Nunavut Court of Justice.

  • Marginal note:When appeal court is Court of Appeal of Nunavut

    (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

  • R.S., 1985, c. C-46, s. 812;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10;
  • 1990, c. 16, s. 7, c. 17, s. 15;
  • 1992, c. 51, s. 43;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 55;
  • 2002, c. 7, s. 149;
  • 2015, c. 3, s. 56.
Marginal note:Appeal by defendant, informant or Attorney General

 Except where otherwise provided by law,

  • (a) the defendant in proceedings under this Part may appeal to the appeal court

    • (i) from a conviction or order made against him,

    • (ii) against a sentence passed on him, or

    • (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

  • (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court

    • (i) from an order that stays proceedings on an information or dismisses an information,

    • (ii) against a sentence passed on a defendant, or

    • (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,

    and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

  • R.S., 1985, c. C-46, s. 813;
  • R.S., 1985, c. 27 (1st Supp.), s. 180;
  • 1991, c. 43, s. 9.
Marginal note:Manitoba and Alberta
  •  (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Saskatchewan

    (2) In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:British Columbia

    (3) In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Territories

    (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

  • R.S., 1985, c. C-46, s. 814;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 150.
Marginal note:Notice of appeal
  •  (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

  • Marginal note:Extension of time

    (2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

  • R.S., c. C-34, s. 750;
  • 1972, c. 13, s. 66;
  • 1974-75-76, c. 93, s. 89.

Interim Release of Appellant

Marginal note:Undertaking or recognizance of appellant
  •  (1) A person who was the defendant in proceedings before a summary conviction court and by whom an appeal is taken under section 813 shall, if he is in custody, remain in custody unless the appeal court at which the appeal is to be heard orders that the appellant be released

    • (a) on his giving an undertaking to the appeal court, without conditions or with such conditions as the appeal court directs, to surrender himself into custody in accordance with the order,

    • (b) on his entering into a recognizance without sureties in such amount, with such conditions, if any, as the appeal court directs, but without deposit of money or other valuable security, or

    • (c) on his entering into a recognizance with or without sureties in such amount, with such conditions, if any, as the appeal court directs, and on his depositing with that appeal court such sum of money or other valuable security as the appeal court directs,

    and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.

  • Marginal note:Application of certain provisions of section 525

    (2) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (1).

  • R.S., 1985, c. C-46, s. 816;
  • R.S., 1985, c. 27 (1st Supp.), s. 181(E).
 
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