Criminal Code

Marginal note:Hearing

• 524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall

  • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or

  • (b) in any other case, hear the matter.

• Marginal note:Circumstances

  (2) The circumstances referred to in subsection (1) are the following:

  • (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or

  • (b) the accused has been arrested for having committed an offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.

• Marginal note:Cancellation

  (3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that

  • (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or

  • (b) there are reasonable grounds to believe that the accused has committed an offence while being subject to the summons, appearance notice, undertaking or release order.

• Marginal note:Detention — onus on accused

  (4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall, in the following circumstances, order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection:

  • (a) the judge or justice found under paragraph (3)(a) that the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order;

  • (b) the judge or justice found under paragraph (3)(b) that there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order; or

  • (c) any of the outstanding charges against the accused include charges for an offence referred to in subsection 515(6) or 522(2).

• Marginal note:Release order

  (5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.

• Marginal note:Non-application

  (5.1) For the purposes of subsection (5), subsection 515(2.01) does not apply to an accused referred to in subsection (4).

• Marginal note:Reasons

  (6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.

• Marginal note:Release order — onus on prosecutor

  (6.1) If the judge or justice cancels the summons, appearance notice, undertaking or release order in respect of an accused to whom subsection (4) does not apply, the judge or justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order referred to in subsection 515.

• Marginal note:Detention order

  (6.2) If the judge or justice does not make a release order under subsection (6.1), they shall make a detention order referred to in section 515.

• Marginal note:Release

  (7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.

• Marginal note:Provisions applicable to proceedings under this section

  (8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.

• Marginal note:Review — order by judge

  (9) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.

• Marginal note:Review — order of justice

  (10) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.