PART XVICompelling Appearance of Accused Before a Justice and Interim Release
493 In this Part,
citation à comparaître
appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)
(a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,
(b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,
(c) [Repealed, 1992, c. 51, s. 37]
(d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,
(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and
(f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)
officer in charge
officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)
promise to appear
promesse de comparaître
promise to appear means a promise in Form 10; (promesse de comparaître)
recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)
summons means a summons in Form 6 issued by a justice or judge; (sommation)
undertaking means an undertaking in Form 11.1 or 12; (promesse)
warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)
- R.S., 1985, c. C-46, s. 493;
- R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
- 1990, c. 16, s. 5, c. 17, s. 12;
- 1992, c. 51, s. 37;
- 1994, c. 44, s. 39;
- 1999, c. 3, s. 30;
- 2002, c. 7, s. 143;
- 2015, c. 3, s. 51.
Arrest without Warrant and Release from Custody
Marginal note:Arrest without warrant by any person
Marginal note:Arrest by owner, etc., of property
(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
Marginal note:Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
Marginal note:For greater certainty
(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.
- R.S., 1985, c. C-46, s. 494;
- 2012, c. 9, s. 3.
Marginal note:Arrest without warrant by peace officer
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
(2) A peace officer shall not arrest a person without warrant for
(a) an indictable offence mentioned in section 553,
(b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
(c) an offence punishable on summary conviction,
in any case where
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence,
may be satisfied without so arresting the person, and
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.
Marginal note:Consequences of arrest without warrant
(3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of
- R.S., 1985, c. C-46, s. 495;
- R.S., 1985, c. 27 (1st Supp.), s. 75.
Marginal note:Issue of appearance notice by peace officer
496 Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is
(a) an indictable offence mentioned in section 553;
(b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or
(c) an offence punishable on summary conviction.
- R.S., c. C-34, s. 451;
- R.S., c. 2(2nd Supp.), s. 5.
- Date modified: