Marginal note:Justice to hear informant and witnesses
508. (1) A justice who receives an information laid before him under section 505 shall
(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;
(b) where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,
(i) confirm the appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or
(ii) cancel the appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, 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 and endorse on the summons or warrant that the appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and
(c) where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.
Marginal note:Procedure when witnesses attend
(2) 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.
- R.S., 1985, c. C-46, s. 508;
- R.S., 1985, c. 27 (1st Supp.), s. 79.
Marginal note:Information laid otherwise than in person
508.1 (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing.
Marginal note:Alternative to oath
(2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer’s knowledge and belief, and such a statement is deemed to be a statement made under oath.
- 1997, c. 18, s. 56.
509. (1) A summons issued under this Part shall
(a) be directed to the accused;
(b) set out briefly the offence in respect of which the accused is charged; and
(c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.
Marginal note:Service on individual
(2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
(3) [Repealed, 2008, c. 18, s. 17]
Marginal note:Content of summons
(4) There shall be set out in every summons the text of subsection 145(4) and section 510.
Marginal note:Attendance for purposes of Identification of Criminals Act
(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence 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.
- R.S., 1985, c. C-46, s. 509;
- R.S., 1985, c. 27 (1st Supp.), s. 80;
- 1992, c. 47, s. 71;
- 1996, c. 7, s. 38;
- 2008, c. 18, s. 17.
- Date modified: