An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:
Marginal note:Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
(a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and
(b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Marginal note:Re-evaluation of detention
(1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if
(a) the peace officer issues an appearance notice to the person; or
(b) the person gives an undertaking to the peace officer.
Marginal note:Person delivered or in custody
(2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.
Marginal note:R.S., c. 27 (1st Supp.), s. 77
(2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following:
(a) without conditions; or
Marginal note:R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)
(3) Paragraph 503(3.1)(b) of the Act is replaced by the following:
(b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.
(4) Subsection 503(4) of the Act is replaced by the following:
Marginal note:Release of person about to commit indictable offence
(4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.
(5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Consequences of non-release
(5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(6) Paragraph 503(5)(b) of the Act is replaced by the following:
(b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).
218 Section 505 of the Act is replaced by the following:
Marginal note:Time within which information to be laid in certain cases
505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, 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 them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
Marginal note:1994, c. 44, s. 43
219 Subsections 507(6) and (7) of the Act are replaced by the following:
Marginal note:Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Marginal note:Undertaking or appearance notice deemed confirmed
(7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.
Marginal note:R.S., c. 27 (1st Supp.), s. 79
220 Paragraphs 508(1)(b) and (c) of the Act are replaced by the following:
(b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,
(i) confirm the appearance notice or undertaking and endorse the information accordingly, or
(ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
(c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.
221 Subsection 509(4) of the Act is replaced by the following:
Marginal note:Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).
Marginal note:1992, c. 47, s. 72; 1996, c. 7, s. 38
222 Section 510 of the Act is repealed.
Marginal note:1997, c. 18, s. 58(1)
223 (1) Paragraph 512(1)(a) of the Act is replaced by the following:
(a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);
(2) Paragraph 512(1)(c) of the Act is replaced by the following:
(c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.
Marginal note:1997, c. 18, s. 58(2)
(3) Paragraph 512(2)(b) of the Act is replaced by the following:
(b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or
224 The Act is amended by adding the following after section 512:
Marginal note:Arrest warrant — failure to appear under summons
512.1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Marginal note:Arrest warrant — failure to appear under appearance notice or undertaking
512.2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Marginal note:Warrant to appear under section 524
512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.
Marginal note:R.S., c. 27 (1st Supp.), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
225 (1) Subsections 515(1) to (2.1) of the Act are replaced by the following:
Marginal note:Release order without conditions
515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.
Marginal note:Release order with conditions
(2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,
(a) an indication that the release order does not include any financial obligations;
(b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or
(e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.
Marginal note:Imposition of least onerous form of release
(2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.
Marginal note:Promise to pay favoured over deposit
(2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.
Marginal note:Restraint in use of surety
(2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.
Marginal note:Power of justice — sureties
(2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.
Marginal note:1997, c. 18, s. 59(1)
(2) Subsections 515(2.2) and (2.3) of the Act are replaced by the following:
Marginal note:Appearance of the accused
(2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
Marginal note:When consent required for audioconference
(2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.
Marginal note:1999, c. 25, s. 8(1) and (2)
(3) Subsections 515(3) and (4) of the Act are replaced by the following:
Marginal note:Factors to consider
(3) In making an order under this section, the justice shall consider any relevant factors, including,
(a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or
(b) whether the accused has been previously convicted of a criminal offence.
Marginal note:Conditions authorized
(4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:
(a) report at specified times to a peace officer, or other person, designated in the order;
(b) remain within a specified territorial jurisdiction;
(c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(f) deposit all their passports as specified in the order;
(g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and
(h) comply with any other reasonable conditions specified in the order that the justice considers desirable.
Marginal note:1999, c. 25, s. 8(4)
(4) Paragraph 515(4.2)(a) of the Act is replaced by the following:
(a) 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 specified conditions that the justice considers necessary;
(a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or
Marginal note:2001, c. 41, s. 19(4)
(5) Subparagraphs 515(6)(a)(iv) and (v) of the English version of the Act are replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
Marginal note:R.S., c. 27 (1st Supp.), s. 83(3)
(6) Paragraph 515(6)(c) of the Act is replaced by the following:
(b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;
(c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or
Marginal note:1993, c. 45, s. 8(3)
(7) Subsections 515(7) and (8) of the Act are replaced by the following:
Marginal note:Release order
(7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.
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