Criminal Code (R.S.C., 1985, c. C-46)

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

FORM 32(Sections 493, 550, 679, 706, 707, 810, 810.1 and 817)Recognizance

Canada,

Province of ,

(territorial division).

Be it remembered that on this day the persons named in the following schedule personally came before me and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely,

NameAddressOccupationAmount
A.B
C.D
E.F

to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if the said A.B. fails in any of the conditions hereunder written.

Taken and acknowledged before me on the day of A.D. , at .

Judge, Clerk of the Court, Provincial Court Judge or Justice

  • 1 Whereas the said , hereinafter called the accused, has been charged that (set out the offence in respect of which the accused has been charged);

    Now, therefore, the condition of this recognizance is that if the accused attends court on day, the day of A.D. , at o’clock in the noon and attends thereafter as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time recognizance is entered into if the accused attends at the time and place fixed by the court and attends thereafter as required by the court in order to be dealt with according to law) [515, 520, 521, 522, 523, 524, 525, 680];

    And further, if the accused (insert in Schedule of Conditions any additional conditions that are directed),

    the said recognizance is void, otherwise it stands in full force and effect.

  • 2 Whereas the said , hereinafter called the appellant, is an appellant against his conviction (or against his sentence) in respect of the following charge (set out the offence for which the appellant was convicted) [679, 680];

    Now, therefore, the condition of this recognizance is that if the appellant attends as required by the court in order to be dealt with according to law;

    And further, if the appellant (insert in Schedule of Conditions any additional conditions that are directed),

    the said recognizance is void, otherwise it stands in full force and effect.

  • 3 Whereas the said , hereinafter called the appellant, is an appellant against his conviction (or against his sentence or against an order or by way of stated case) in respect of the following matter (set out offence, subject-matter of order or question of law) [816, 831, 832, 834];

    Now, therefore, the condition of this recognizance is that if the appellant appears personally at the sittings of the appeal court at which the appeal is to be heard;

    And further, if the appellant (insert in Schedule of Conditions any additional conditions that are directed),

    the said recognizance is void, otherwise it stands in full force and effect.

  • 4 Whereas the said , hereinafter called the appellant, is an appellant against an order of dismissal (or against sentence) in respect of the following charge (set out the name of the defendant and the offence, subject-matter of order or question of law) [817, 831, 832, 834];

    Now, therefore, the condition of this recognizance is that if the appellant appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard the said recognizance is void, otherwise it stands in full force and effect.

  • 5 Whereas the said , hereinafter called the accused, was ordered to stand trial on a charge that (set out the offence in respect of which the accused has been charged);

    And whereas A.B. appeared as a witness on the preliminary inquiry into the said charge [550, 706, 707];

    Now, therefore, the condition of this recognizance is that if the said A.B. appears at the time and place fixed for the trial of the accused to give evidence on the indictment that is found against the accused, the said recognizance is void, otherwise it stands in full force and effect.

  • 6 The condition of the above written recognizance is that if A.B. keeps the peace and is of good behaviour for the term of commencing on , the said recognizance is void, otherwise it stands in full force and effect [810 and 810.1].

  • 7 Whereas a warrant was issued under section 462.32 or a restraint order was made under subsection 462.33(3) of the Criminal Code in relation to any property (set out a description of the property and its location);

Now, therefore, the condition of this recognizance is that A.B. shall not do or cause anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of the Criminal Code or any other provision of the Criminal Code or any other Act of Parliament [462.34].

Schedule of Conditions

  • (a) reports at (state times) to (name of peace officer or other person designated);

  • (b) remains within (designated territorial jurisdiction);

  • (c) notifies (name of peace officer or other person designated) of any change in his address, employment or occupation;

  • (d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);

  • (e) deposits his passport (as the justice or judge directs); and

  • (f) (any other reasonable conditions).

Note: Section 763 and subsections 764(1) to (3) of the Criminal Code state as follows:

  • “763 Where a person is bound by recognizance to appear before a court, justice or provincial court judge for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and his sureties continue to be bound by the recognizance in like manner as if it had been entered into with relation to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

  • 764. (1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.

    • (2) Notwithstanding subsection (1), the court, justice or provincial court judge may commit an accused to prison or may require him to furnish new or additional sureties for his appearance until he is discharged or sentenced, as the case may be.

    • (3) The sureties of an accused who is bound by recognizance to appear for trial are discharged if he is committed to prison pursuant to subsection (2).”

  • R.S., 1985, c. C-46, Form 32;
  • R.S., 1985, c. 27 (1st Supp.), ss. 101, 184, 203;
  • c. 42 (4th Supp.), s. 7;
  • 1993, c. 45, ss. 13, 14;
  • 1999, c. 25, s. 27.
 
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