Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Information, Summons and Warrant

Marginal note:In what cases justice may receive information

 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged

  • (a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person

    • (i) is or is believed to be, or

    • (ii) resides or is believed to reside,

    within the territorial jurisdiction of the justice;

  • (b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;

  • (c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or

  • (d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.

  • R.S., c. C-34, s. 455;
  • R.S., c. 2(2nd Supp.), s. 5.
Marginal note:Time within which information to be laid in certain cases

 Where

  • (a) an appearance notice has been issued to an accused under section 496, or

  • (b) an accused has been released from custody under section 497 or 498,

an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by him shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the appearance notice, promise to appear or recognizance issued to or given or entered into by the accused for his attendance in court.

  • R.S., c. 2(2nd Supp.), s. 5.
Marginal note:Form

 An information laid under section 504 or 505 may be in Form 2.

  • R.S., c. 2(2nd Supp.), s. 5.
Marginal note:Justice to hear informant and witnesses — public prosecutions
  •  (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,

    • (a) hear and consider, ex parte,

      • (i) the allegations of the informant, and

      • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so; and

    • (b) where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence.

  • Marginal note:Process compulsory

    (2) No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant.

  • Marginal note:Procedure when witnesses attend

    (3) A justice who hears the evidence of a witness pursuant to subsection (1) shall

    • (a) take the evidence on oath; and

    • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

  • Marginal note:Summons to be issued except in certain cases

    (4) Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused.

  • Marginal note:No process in blank

    (5) A justice shall not sign a summons or warrant in blank.

  • Marginal note:Endorsement of warrant by justice

    (6) A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one mentioned in section 522, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.

  • Marginal note:Promise to appear or recognizance deemed to have been confirmed

    (7) Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508.

  • Marginal note:Issue of summons or warrant

    (8) Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.

  • R.S., 1985, c. C-46, s. 507;
  • R.S., 1985, c. 27 (1st Supp.), s. 78;
  • 1994, c. 44, s. 43;
  • 2002, c. 13, s. 21.