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:Notice of discharge
  •  (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.

  • Marginal note:Warrant of committal

    (2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.

  • 1991, c. 43, s. 4.
Marginal note:Detention to count as service of term
  •  (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.

  • Marginal note:Disposition takes precedence over probation orders

    (2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.

  • 1991, c. 43, s. 4;
  • 1995, c. 22, s. 10.

Appeals

Marginal note:Grounds for appeal
  •  (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

  • Marginal note:Limitation period for appeal

    (2) An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.

  • Marginal note:Appeal to be heard expeditiously

    (3) The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.

  • 1991, c. 43, s. 4;
  • 1997, c. 18, s. 88.
Marginal note:Appeal on the transcript
  •  (1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.

  • Marginal note:Additional evidence

    (2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.

  • 1991, c. 43, s. 4.