PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)
Judicial Interim Release (continued)
Marginal note:Variation of undertaking or recognizance
515.1 An undertaking or recognizance pursuant to which the accused was released that has been entered into under section 499, 503 or 515 may, with the written consent of the prosecutor, be varied, and where so varied, is deemed to have been entered into pursuant to section 515.
- 1997, c. 18, s. 60.
Marginal note:Remand in custody
516 (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.
Marginal note:Detention pending bail hearing
(2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.
- R.S., 1985, c. C-46, s. 516;
- 1999, c. 5, s. 22, c. 25, s. 31(Preamble).
Marginal note:Order directing matters not to be published for specified period
517 (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as
Marginal note:Failure to comply
(2) Every one who fails without lawful excuse, the proof of which lies on him, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
(3) [Repealed, 2005, c. 32, s. 17]
- R.S., 1985, c. C-46, s. 517;
- R.S., 1985, c. 27 (1st Supp.), s. 101(E);
- 2005, c. 32, s. 17.
Marginal note:Inquiries to be made by justice and evidence
(a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;
(b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;
(c) the prosecutor may, in addition to any other relevant evidence, lead evidence
(i) to prove that the accused has previously been convicted of a criminal offence,
(ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,
(iii) to prove that the accused has previously committed an offence under section 145, or
(iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;
(d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;
(d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;
(d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and
(e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.
Marginal note:Release pending sentence
(2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.
- R.S., 1985, c. C-46, s. 518;
- R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F);
- 1994, c. 44, s. 45;
- 1999, c. 25, s. 9(Preamble).
Marginal note:Release of accused
(a) if the accused thereupon complies with the order, the justice shall direct that the accused be released
(b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order
(i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or
(ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter
and if the justice so endorses the warrant, he shall attach to it a copy of the order.
Marginal note:Discharge from custody
(2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.
Marginal note:Warrant for committal
(3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.
- R.S., 1985, c. C-46, s. 519;
- R.S., 1985, c. 27 (1st Supp.), s. 85.
Marginal note:Review of order
520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
Marginal note:Notice to prosecutor
(2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.
Marginal note:Accused to be present
(3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.
Marginal note:Adjournment of proceedings
(4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.
Marginal note:Failure of accused to attend
(5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.
(6) A warrant issued under subsection (5) may be executed anywhere in Canada.
Marginal note:Evidence and powers of judge on review
(7) On the hearing of an application under this section, the judge may consider
(a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,
(b) the exhibits, if any, filed in the proceedings before the justice, and
(c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor,
and shall either
Marginal note:Limitation of further applications
(8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.
Marginal note:Application of sections 517, 518 and 519
(9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.
- R.S., 1985, c. C-46, s. 520;
- R.S., 1985, c. 27 (1st Supp.), s. 86;
- 1994, c. 44, s. 46;
- 1999, c. 3, s. 31.
- Date modified: