Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-29 and last amended on 2014-09-19. Previous Versions

Marginal note:Failure to appear

 Where an accused who is required by a summons to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

  • R.S., 1985, c. C-46, s. 510;
  • 1992, c. 47, s. 72;
  • 1996, c. 7, s. 38.
Marginal note:Contents of warrant to arrest
  •  (1) A warrant issued under this Part shall

    • (a) name or describe the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.

  • Marginal note:No return day

    (2) A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time.

  • Marginal note:Discretion to postpone execution

    (3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 511;
  • R.S., 1985, c. 27 (1st Supp.), s. 81;
  • 1997, c. 18, s. 57.
Marginal note:Certain actions not to preclude issue of warrant
  •  (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

    • (a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);

    • (b) a summons has previously been issued under subsection 507(4); or

    • (c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.

  • Marginal note:Warrant in default of appearance

    (2) Where

    • (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,

    • (b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or

    • (c) it appears that a summons cannot be served because the accused is evading service,

    a justice may issue a warrant for the arrest of the accused.

  • R.S., 1985, c. C-46, s. 512;
  • R.S., 1985, c. 27 (1st Supp.), s. 82;
  • 1997, c. 18, s. 58.