Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-05-11 and last amended on 2015-04-10. Previous Versions

Marginal note:Where justice to release accused
  •  (1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

  • Marginal note:Notice

    (1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • Marginal note:Order of justice pending decision of Review Board

    (2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Powers of Review Board

 Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 36.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing anything that may be prescribed under this Part; and

  • (b) generally to carry out the purposes and provisions of this Part.

  • 1991, c. 43, s. 4.

PART XXIAPPEALS — INDICTABLE OFFENCES

Interpretation

Marginal note:Definitions

 In this Part,

“court of appeal”

« cour d’appel »

“court of appeal” means the court of appeal, as defined by the definition “court of appeal” in section 2, for the province or territory in which the trial of a person by indictment is held;

“indictment”

« acte d’accusation »

“indictment” includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX;

“registrar”

« registraire »

“registrar” means the registrar or clerk of the court of appeal;

“sentence”

« sentence », « peine » ou « condamnation »

“sentence” includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), and

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act;

“trial court”

« tribunal de première instance »

“trial court” means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX.

  • R.S., 1985, c. C-46, s. 673;
  • R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4;
  • 1992, c. 1, s. 58;
  • 1993, c. 45, s. 10;
  • 1995, c. 22, s. 5, c. 39, ss. 155, 190;
  • 1996, c. 19, s. 74;
  • 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble);
  • 2002, c. 13, s. 63;
  • 2005, c. 22, ss. 38, 45;
  • 2006, c. 14, s. 6;
  • 2013, c. 11, s. 2.