Criminal Code (R.S.C., 1985, c. C-46)

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

Marginal note:Summons effective throughout Canada

 A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.

  • R.S., 1985, c. 27 (1st Supp.), s. 149.
Marginal note:Service of process on an organization

 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery

  • (a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and

  • (b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.

  • R.S., 1985, c. 27 (1st Supp.), s. 149;
  • 2003, c. 21, s. 13.

Defaulting or Absconding Witness

Marginal note:Warrant for absconding witness
  •  (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.

  • Marginal note:Endorsement of warrant

    (2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.

  • Marginal note:Copy of information

    (3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.

  • R.S., 1985, c. C-46, s. 704;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Warrant when witness does not attend
  •  (1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may, if it is established

    • (a) that the subpoena has been served in accordance with this Part, and

    • (b) that the person is likely to give material evidence,

    issue or cause to be issued a warrant in Form 17 for the arrest of that person.

  • Marginal note:Warrant where witness bound by recognizance

    (2) Where a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue or cause to be issued a warrant in Form 17 for the arrest of that person.

  • Marginal note:Warrant effective throughout Canada

    (3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.

  • R.S., 1985, c. C-46, s. 705;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.