Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-05-26 and last amended on 2013-03-27. Previous Versions

Marginal note:Breach of recognizance

811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 811;
  • 1993, c. 45, s. 11;
  • 1994, c. 44, s. 82;
  • 1997, c. 17, s. 10, c. 23, ss. 20, 27;
  • 2001, c. 41, s. 23.

Appeal

Definition of “appeal court”

  • 812. (1) For the purposes of sections 813 to 828, “appeal court” means

    • (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia and British Columbia, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

    • (e) [Repealed, 1992, c. 51, s. 43]

    • (f) in the Province of Prince Edward Island, the Trial Division of the Supreme Court;

    • (g) in the Province of Newfoundland, the Trial Division of the Supreme Court;

    • (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

    • (i) in Nunavut, a judge of the Nunavut Court of Justice.

  • Marginal note:When appeal court is Court of Appeal of Nunavut

    (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

  • R.S., 1985, c. C-46, s. 812;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10;
  • 1990, c. 16, s. 7, c. 17, s. 15;
  • 1992, c. 51, s. 43;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 55;
  • 2002, c. 7, s. 149.
Previous Version
Marginal note:Appeal by defendant, informant or Attorney General

813. Except where otherwise provided by law,

  • (a) the defendant in proceedings under this Part may appeal to the appeal court

    • (i) from a conviction or order made against him,

    • (ii) against a sentence passed on him, or

    • (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

  • (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court

    • (i) from an order that stays proceedings on an information or dismisses an information,

    • (ii) against a sentence passed on a defendant, or

    • (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,

    and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

  • R.S., 1985, c. C-46, s. 813;
  • R.S., 1985, c. 27 (1st Supp.), s. 180;
  • 1991, c. 43, s. 9.