PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)
Information, Summons and Warrant
Marginal note:In what cases justice may receive information
504 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged
(a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person
within the territorial jurisdiction of the justice;
(b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;
(c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or
(d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.
- R.S., c. C-34, s. 455
- R.S., c. 2(2nd Supp.), s. 5
Marginal note:Time within which information to be laid in certain cases
(a) an appearance notice has been issued to an accused under section 496, or
(b) an accused has been released from custody under section 497 or 498,
an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by him shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the appearance notice, promise to appear or recognizance issued to or given or entered into by the accused for his attendance in court.
- R.S., c. 2(2nd Supp.), s. 5
506 An information laid under section 504 or 505 may be in Form 2.
- R.S., c. 2(2nd Supp.), s. 5
Marginal note:Justice to hear informant and witnesses — public prosecutions
507 (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,
(a) hear and consider, ex parte,
(b) where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence.
Marginal note:Process compulsory
(2) No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant.
Marginal note:Procedure when witnesses attend
(3) A justice who hears the evidence of a witness pursuant to subsection (1) shall
Marginal note:Summons to be issued except in certain cases
(4) Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused.
Marginal note:No process in blank
(5) A justice shall not sign a summons or warrant in blank.
Marginal note:Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one mentioned in section 522, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.
Marginal note:Promise to appear or recognizance deemed to have been confirmed
(7) Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508.
Marginal note:Issue of summons or warrant
(8) Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.
- R.S., 1985, c. C-46, s. 507
- R.S., 1985, c. 27 (1st Supp.), s. 78
- 1994, c. 44, s. 43
- 2002, c. 13, s. 21
Marginal note:Referral when private prosecution
507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.
Marginal note:Summons or warrant
(2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.
Marginal note:Conditions for issuance
(3) The judge or designated justice may issue a summons or warrant only if he or she
(a) has heard and considered the allegations of the informant and the evidence of witnesses;
(b) is satisfied that the Attorney General has received a copy of the information;
(c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and
(d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing.
Marginal note:Appearance of Attorney General
(4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.
Marginal note:Information deemed not to have been laid
(5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.
Marginal note:Information deemed not to have been laid — proceedings commenced
(6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.
Marginal note:New evidence required for new hearing
(7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held.
Marginal note:Subsections 507(2) to (8) to apply
(8) Subsections 507(2) to (8) apply to proceedings under this section.
Marginal note:Non-application — informations laid under sections 810 and 810.1
(9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.
Marginal note:Definition of designated justice
(10) In this section, designated justice means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.
Marginal note:Meaning of Attorney General
(11) In this section, Attorney General includes the Attorney General of Canada and his or her lawful deputy in respect of proceedings that could have been commenced at the instance of the Government of Canada and conducted by or on behalf of that Government.
- 2002, c. 13, s. 22
- 2008, c. 18, s. 16
- Date modified: