GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 770
Default to be endorsed 770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out (a) the nature of the default; (b) the reason for the default, if it is known; (c) whether the ends of justice have been defeated or delayed by reason of the default; and (d) the names and addresses of the principal and sureties. Transmission to clerk of court (2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court. Certificate is evidence (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates. Transmission of deposit (4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part. R.S., 1985, c. C-46, s. 770; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 18, s. 108 2019, c. 25, s. 311
Criminal Code — C-46 771
Proceedings in case of default 771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court, (a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and (b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited. Order of judge (2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper. Judgment debtors of the Crown (3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay. Order may be filed (3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property. Transfer of deposit (4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it. R.S., 1985, c. C-46, s. 771; R.S., 1985, c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1999, c. 5, s. 43 2019, c. 25, s. 311
Criminal Code — C-46 772
Levy under writ 772 (1) Where a writ of fieri facias is issued pursuant to section 771, the sheriff to whom it is delivered shall execute the writ and deal with the proceeds thereof in the same manner in which he is authorized to execute and deal with the proceeds of writs of fieri facias issued out of superior courts in the province in civil proceedings. Costs (2) Where this section applies, the Crown is entitled to the costs of execution and of proceedings incidental thereto that are fixed, in the Province of Quebec, by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct. R.S., c. C-34, s. 706
Criminal Code — C-46 773
Committal when writ not satisfied 773 (1) Where a writ of fieri facias has been issued under this Part and it appears from a certificate in a return made by the sheriff that sufficient goods and chattels, lands and tenements cannot be found to satisfy the writ, or that the proceeds of the execution of the writ are not sufficient to satisfy it, a judge of the court may, upon the application of the Attorney General or counsel acting on his behalf, fix a time and place for the sureties to show cause why a warrant of committal should not be issued in respect of them. Notice (2) Seven clear days notice of the time and place fixed for the hearing pursuant to subsection (1) shall be given to the sureties. Hearing (3) The judge shall, at the hearing held pursuant to subsection (1), inquire into the circumstances of the case and may in his discretion (a) order the discharge of the amount for which the surety is liable; or (b) make any order with respect to the surety and to his imprisonment that he considers proper in the circumstances and issue a warrant of committal in Form 27. Warrant to committal (4) A warrant of committal issued pursuant to this section authorizes the sheriff to take into custody the person in respect of whom the warrant was issued and to confine him in a prison in the territorial division in which the writ was issued or in the prison nearest to the court, until satisfaction is made or until the period of imprisonment fixed by the judge has expired. Definition of Attorney General (5) In this section and in section 771, Attorney General means, where subsection 734.4(2) applies, the Attorney General of Canada. R.S., 1985, c. C-46, s. 773; 1995, c. 22, s. 10
Criminal Code — C-46 774
Application of Part 774 This Part applies to proceedings in criminal matters by way of certiorari , habeas corpus , mandamus , procedendo and prohibition. R.S., 1985, c. C-46, s. 774; R.S., 1985, c. 27 (1st Supp.), s. 169
Criminal Code — C-46 774.1
Appearance in person — habeas corpus 774.1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear in court in person. 2002, c. 13, s. 77 2022, c. 17, s. 50(E)
Criminal Code — C-46 775
Detention on inquiry to determine legality of imprisonment 775 Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has been convicted of an offence, to have the legality of his imprisonment determined, the judge or court may, without determining the question, make an order for the further detention of that person and direct the judge, justice or provincial court judge under whose warrant he is in custody, or any other judge, justice or provincial court judge, to take any proceedings, hear such evidence or do any other thing that, in the opinion of the judge or court, will best further the ends of justice. R.S., 1985, c. C-46, s. 775; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 776
Where conviction or order not reviewable 776 No conviction or order shall be removed by certiorari (a) where an appeal was taken, whether or not the appeal has been carried to a conclusion; or (b) where the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken, but the defendant did not appeal. R.S., c. C-34, s. 710
Criminal Code — C-46 777
Conviction or order remediable, when 777 (1) No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari , be held to be invalid by reason of any irregularity, informality or insufficiency therein, where the court before which or the judge before whom the question is raised, on perusal of the evidence, is satisfied (a) that an offence of the nature described in the conviction, order or warrant, as the case may be, was committed, (b) that there was jurisdiction to make the conviction or order or issue the warrant, as the case may be, and (c) that the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed, but the court or judge has the same powers to deal with the proceedings in the manner that the court or judge considers proper that are conferred on a court to which an appeal might have been taken. Correcting punishment (2) Where, in proceedings to which subsection (1) applies, the court or judge is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might lawfully have been imposed, the court or judge (a) shall correct the sentence, (i) where the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed, (ii) where the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed, or (iii) where the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires; or (b) shall remit the matter to the convicting judge, justice or provincial court judge and direct him to impose a punishment that is not greater than the punishment that may be lawfully imposed. Amendment (3) Where an adjudication is varied pursuant to subsection (1) or (2), the conviction and warrant of committal, if any, shall be amended to conform to the adjudication as varied. Sufficiency of statement (4) Any statement that appears in a conviction and is sufficient for the purpose of the conviction is sufficient for the purposes of an information, summons, order or warrant in which it appears in the proceedings. R.S., 1985, c. C-46, s. 777; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 778
Irregularities within section 777 778 Without restricting the generality of section 777, that section shall be deemed to apply where (a) the statement of the adjudication or of any other matter or thing is in the past tense instead of in the present tense; (b) the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or (c) there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged or are stated in another provision. R.S., c. C-34, s. 712
Criminal Code — C-46 779
General order for security by recognizance 779 (1) A court that has authority to quash a conviction, order or other proceeding on certiorari may prescribe by general order that no motion to quash any such conviction, order or other proceeding removed to the court by certiorari shall be heard unless the defendant has entered into a recognizance with one or more sufficient sureties, before one or more justices of the territorial division in which the conviction or order was made or before a judge or other officer, or has made a deposit to be prescribed with a condition that the defendant will prosecute the writ of certiorari at his own expense, without wilful delay, and, if ordered, will pay to the person in whose favour the conviction, order or other proceeding is affirmed his full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed. Provisions of Part XXV (2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section. R.S., 1985, c. C-46, s. 779 2019, c. 25, s. 313
Criminal Code — C-46 780
Effect of order dismissing application to quash 780 Where a motion to quash a conviction, order or other proceeding is refused, the order of the court refusing the application is sufficient authority for the clerk of the court forthwith to return the conviction, order or proceeding to the court from which or the person from whom it was removed, and for proceedings to be taken with respect thereto for the enforcement thereof. R.S., c. C-34, s. 714
Criminal Code — C-46 781
Want of proof of order in council 781 (1) No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given (a) of a proclamation or order of the Governor in Council or the lieutenant governor in council; (b) of rules, regulations or by-laws made by the Governor in Council under an Act of Parliament or by the lieutenant governor in council under an Act of the legislature of the province; or (c) of the publication of a proclamation, order, rule, regulation or by-law in the Canada Gazette or in the official gazette for the province. Judicial notice (2) Proclamations, orders, rules, regulations and by-laws mentioned in subsection (1) and the publication thereof shall be judicially noticed. R.S., c. C-34, s. 715
Criminal Code — C-46 782
Defect in form 782 No warrant of committal shall, on certiorari or habeas corpus , be held to be void by reason only of any defect therein, where (a) it is alleged in the warrant that the defendant was convicted; and (b) there is a valid conviction to sustain the warrant. R.S., c. C-34, s. 716
Criminal Code — C-46 783
No action against official when conviction, etc., quashed 783 Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it. R.S., 1985, c. C-46, s. 783; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 784
Appeal in mandamus , etc. 784 (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition. Application of Part XXI (2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section. Refusal of application, and appeal (3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court. Where writ granted (4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada. Appeal from judgment on return of writ (5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum , an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party. Hearing of appeal (6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court. R.S., 1985, c. C-46, s. 784; 1997, c. 18, s. 109
Criminal Code — C-46 785
Definitions 785 In this Part, clerk of the appeal court includes a local clerk of the appeal court; ( greffier de la cour d’appel ) informant means a person who lays an information; ( dénonciateur ) information includes (a) a count in an information, and (b) a complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; ( dénonciation ) order means any order, including an order for the payment of money; ( ordonnance ) proceedings means (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; ( procédures ) prosecutor means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; ( poursuivant ) sentence includes (a) a declaration made under subsection 199(3), (b) an order made under subsection 109(1) or 110(1), section 320.24, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3, (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act , and (e) an order made under subsection 94(1) of the Cannabis Act ; ( sentence , peine ou condamnation ) summary conviction court means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who (a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken, (b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or (c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; ( cour des poursuites sommaires ) trial includes the hearing of a complaint. ( procès ou instruction ) R.S., 1985, c. C-46, s. 785; R.S., 1985, c. 27 (1st Supp.), ss. 170, 203; 1992, c. 1, s. 58; 1995, c. 22, s. 7, c. 39, s. 156; 1996, c. 19, s. 76; 1999, c. 25, s. 23(Preamble); 2002, c. 13, s. 78; 2006, c. 14, s. 7; 2013, c. 11, s. 4; 2018, c. 16, s. 223, c. 21, s. 26 2019, c. 25, s. 314 2022, c. 17, s. 51
Criminal Code — C-46
clerk of the appeal court includes a local clerk of the appeal court; ( greffier de la cour d’appel )
Criminal Code — C-46
informant means a person who lays an information; ( dénonciateur )
Criminal Code — C-46 (a)
information includes (a) a count in an information, and (b) a complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; ( dénonciation )
Criminal Code — C-46
order means any order, including an order for the payment of money; ( ordonnance )
Criminal Code — C-46 (a)
proceedings means (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; ( procédures )
Criminal Code — C-46
prosecutor means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; ( poursuivant )
Criminal Code — C-46 (a)
sentence includes (a) a declaration made under subsection 199(3), (b) an order made under subsection 109(1) or 110(1), section 320.24, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3, (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act , and (e) an order made under subsection 94(1) of the Cannabis Act ; ( sentence , peine ou condamnation )
Criminal Code — C-46 (a)
summary conviction court means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who (a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken, (b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or (c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; ( cour des poursuites sommaires )
Criminal Code — C-46
trial includes the hearing of a complaint. ( procès ou instruction )
Criminal Code — C-46 786
Application of Part 786 (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part. Limitation (2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree. R.S., 1985, c. C-46, s. 786; 1997, c. 18, s. 110 2019, c. 25, s. 315
Criminal Code — C-46 787
General penalty 787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both. Imprisonment in default if not otherwise specified (2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day. R.S., 1985, c. C-46, s. 787; R.S., 1985, c. 27 (1st Supp.), s. 171; 2008, c. 18, s. 44 2019, c. 25, s. 316
Criminal Code — C-46 788
Commencement of proceedings 788 (1) Proceedings under this Part shall be commenced by laying an information in Form 2. One justice may act before the trial (2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may (a) receive the information; (b) issue a summons or warrant with respect to the information; and (c) do all other things preliminary to the trial. R.S., c. C-34, s. 723
Criminal Code — C-46 789
Formalities of information 789 (1) In proceedings to which this Part applies, an information (a) shall be in writing and under oath; and (b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count. No reference to previous convictions (2) No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions. R.S., c. C-34, s. 724