Criminal Code

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,

    • (i) the allegations of the informant, and

    • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so; and

  • (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

  • (a) take the evidence on oath; and

  • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

• 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.