GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 490.8
Application for restraint order 490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property. Procedure (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters: (a) the indictable offence to which the offence-related property relates; (b) the person who is believed to be in possession of the offence-related property; and (c) a description of the offence-related property. Restraint order (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order. Property outside Canada (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Conditions (4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit. Order in writing (5) A restraint order made under this section shall be made in writing. Service of order (6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court. Registration of order (7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated. Order continues in force (8) A restraint order made under this section remains in effect until (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or (b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2). Offence (9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 1997, c. 23, s. 15; 2001, c. 32, s. 35 2019, c. 25, s. 206
Criminal Code — C-46 490.9
Sections 489.1 and 490 applicable 490.9 (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8. Recognizance (2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs. 1997, c. 23, s. 15
Criminal Code — C-46 491
Forfeiture of weapons and ammunition 491 (1) Subject to subsection (2), where it is determined by a court that (a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained, the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs. Return to lawful owner (2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. Application of proceeds (3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing. R.S., 1985, c. C-46, s. 491; 1991, c. 40, s. 30; 1995, c. 39, s. 152 2023, c. 32, s. 13.1
Criminal Code — C-46 491.1
Order for restitution or forfeiture of property obtained by crime 491.1 (1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence (a) is before the court or has been detained so that it can be immediately dealt with, and (b) will not be required as evidence in any other proceedings, section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property. Idem (2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property, (a) if the lawful owner or person lawfully entitled to possession of the property is known, that it be returned to that person; and (b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law. When certain orders not to be made (3) An order shall not be made under subsection (2) (a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or (b) in respect of (i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration, (ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it, (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or (iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant. By whom order executed (4) An order made under this section shall, on the direction of the court, be executed by the peace officers by whom the process of the court is ordinarily executed. R.S., 1985, c. 27 (1st Supp.), s. 74, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 18; 2017, c. 7, s. 69(F)
Criminal Code — C-46 492
Seizure of explosives 492 (1) Every person who executes a warrant issued under section 487 may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2). Forfeiture (2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct. Application of proceeds (3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General. R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70 2022, c. 17, s. 27
Criminal Code — C-46
public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. ( fonctionnaire public )
Criminal Code — C-46
tracking device means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. ( dispositif de localisation )
Criminal Code — C-46
transmission data recorder means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. ( enregistreur de données de transmission )
Criminal Code — C-46 493
Definitions 493 In this Part, accused includes (a) a person to whom a peace officer has issued an appearance notice under section 497, and (b) a person arrested for a criminal offence; ( prévenu ) appearance notice [Repealed, 2019, c. 25, s. 209] judge means (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province, (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec, (c) [Repealed, 1992, c. 51, s. 37] (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province, (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and (f) in Nunavut, a judge of the Nunavut Court of Justice; ( juge ) officer in charge [Repealed, 2019, c. 25, s. 209] promise to appear [Repealed, 2019, c. 25, s. 209] recognizance [Repealed, 2019, c. 25, s. 209] summons [Repealed, 2019, c. 25, s. 209] undertaking [Repealed, 2019, c. 25, s. 209] warrant , when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. ( mandat ) R.S., 1985, c. C-46, s. 493; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 5, c. 17, s. 12; 1992, c. 51, s. 37; 1994, c. 44, s. 39; 1999, c. 3, s. 30; 2002, c. 7, s. 143; 2015, c. 3, s. 51 2019, c. 25, s. 209
Criminal Code — C-46 (a)
accused includes (a) a person to whom a peace officer has issued an appearance notice under section 497, and (b) a person arrested for a criminal offence; ( prévenu )
Criminal Code — C-46
appearance notice [Repealed, 2019, c. 25, s. 209]
Criminal Code — C-46 (a)
judge means (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province, (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec, (c) [Repealed, 1992, c. 51, s. 37] (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province, (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and (f) in Nunavut, a judge of the Nunavut Court of Justice; ( juge )
Criminal Code — C-46
officer in charge [Repealed, 2019, c. 25, s. 209]
Criminal Code — C-46
promise to appear [Repealed, 2019, c. 25, s. 209]
Criminal Code — C-46
recognizance [Repealed, 2019, c. 25, s. 209]
Criminal Code — C-46
undertaking [Repealed, 2019, c. 25, s. 209]
Criminal Code — C-46
warrant , when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. ( mandat )
Criminal Code — C-46 493.1
Principle of restraint 493.1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be. 2019, c. 25, s. 210
Criminal Code — C-46 493.2
Aboriginal accused or vulnerable populations 493.2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of (a) Aboriginal accused; and (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part. 2019, c. 25, s. 210
Criminal Code — C-46 494
Arrest without warrant by any person 494 (1) Any one may arrest without warrant (a) a person whom he finds committing an indictable offence; or (b) a person who, on reasonable grounds, he believes (i) has committed a criminal offence, and (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person. Arrest by owner, etc., of property (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and (a) they make the arrest at that time; or (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest. Delivery to peace officer (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer. For greater certainty (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25. R.S., 1985, c. C-46, s. 494; 2012, c. 9, s. 3
Criminal Code — C-46 495
Arrest without warrant by peace officer 495 (1) A peace officer may arrest without warrant (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; (b) a person whom he finds committing a criminal offence; or (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found. Limitation (2) A peace officer shall not arrest a person without warrant for (a) an indictable offence mentioned in section 553, (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or (c) an offence punishable on summary conviction, in any case where (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence, may be satisfied without so arresting the person, and (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law. Consequences of arrest without warrant (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of (a) any proceedings under this or any other Act of Parliament; and (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2). R.S., 1985, c. C-46, s. 495; R.S., 1985, c. 27 (1st Supp.), s. 75
Criminal Code — C-46 495.1
Arrest without warrant – application of section 524 495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a 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 a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524. 2019, c. 25, s. 211
Criminal Code — C-46 496
Appearance notice for judicial referral hearing 496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1. R.S., 1985, c. C-46, s. 496 2019, c. 25, s. 212
Criminal Code — C-46 497
Issue of appearance notice by peace officer 497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is (a) an indictable offence mentioned in section 553; (b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or (c) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble) 2019, c. 25, s. 212
Criminal Code — C-46 498
Release from custody — arrest without warrant 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if (a) the peace officer intends to compel the person’s appearance by way of summons; (b) the peace officer issues an appearance notice to the person; or (c) the person gives an undertaking to the peace officer. Person delivered or detained (1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part. Exception (1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds, (a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, (iii) prevent the continuation or repetition of the offence or the commission of another offence, or (iv) ensure the safety and security of any victim of or witness to the offence; or (b) that, if the person is released from custody, the person will fail to attend court in order to be dealt with according to law. When subsections (1) and (1.01) do not apply (2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3). Consequences of non-release (3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of (a) any proceedings under this or any other Act of Parliament; or (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1). R.S., 1985, c. C-46, s. 498; R.S., 1985, c. 27 (1st Supp.), s. 186; 1997, c. 18, s. 52; 1998, c. 7, s. 2; 1999, c. 25, ss. 4, 30(Preamble) 2019, c. 25, s. 213
Criminal Code — C-46 499
Release from custody — arrest with warrant 499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may 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. R.S., 1985, c. C-46, s. 499; R.S., 1985, c. 27 (1st Supp.), s. 186; 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5(Preamble) 2019, c. 25, s. 214
Criminal Code — C-46 500
Contents of appearance notice 500 (1) An appearance notice shall (a) set out the name, date of birth and contact information of the accused; (b) set out the substance of the offence that the accused is alleged to have committed; (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and (d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496. Summary of consequences — failure to appear (2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1. Attendance for purposes of Identification of Criminals Act (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act , if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act. Signature of accused (4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice. R.S., 1985, c. C-46, s. 500; 1999, c. 5, s. 20, c. 25, s. 6(Preamble) 2019, c. 25, s. 215 2022, c. 17, s. 28