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Criminal Code — C-46 518
Inquiries to be made by justice and evidence 518 (1) In any proceedings under section 515, (a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable; (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence; (c) the prosecutor may, in addition to any other relevant evidence, lead evidence (i) to prove that the accused has previously been convicted of a criminal offence, (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence, (iii) to prove that the accused has previously committed an offence under section 145, or (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused; (d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel; (d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence; (d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and (e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case. Release pending sentence (2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced. R.S., 1985, c. C-46, s. 518; R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F); 1994, c. 44, s. 45; 1999, c. 25, s. 9(Preamble)
Criminal Code — C-46 519
Release of accused 519 (1) If a justice makes a release order under section 515, (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter; (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter and if the justice so endorses the warrant, he shall attach to it a copy of the order; and (c) any condition in the order that an 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, is effective from the moment it is made, whether or not the accused has been released from custody. Discharge from custody (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39. Warrant for committal (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused. R.S., 1985, c. C-46, s. 519; R.S., 1985, c. 27 (1st Supp.), s. 85 2019, c. 25, s. 228
Criminal Code — C-46 519.1
Variation of release order with consent 519.1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515. 2019, c. 25, s. 229
Criminal Code — C-46 520
Review of order 520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order. Notice to prosecutor (2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application. Accused to be present (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court. Adjournment of proceedings (4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused. Failure of accused to attend (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused. Execution (6) A warrant issued under subsection (5) may be executed anywhere in Canada. Evidence and powers of judge on review (7) On the hearing of an application under this section, the judge may consider (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice, (b) the exhibits, if any, filed in the proceedings before the justice, and (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor, and shall either (d) dismiss the application, or (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted. Limitation of further applications (8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application. Application of sections 517, 518 and 519 (9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section. R.S., 1985, c. C-46, s. 520; R.S., 1985, c. 27 (1st Supp.), s. 86; 1994, c. 44, s. 46; 1999, c. 3, s. 31 2019, c. 25, s. 230
Criminal Code — C-46 521
Review of order 521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order. Notice to accused (2) An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application. Accused to be present (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court. Adjournment of proceedings (4) A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused. Failure of accused to attend (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused. Warrant for detention (6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused. Execution (7) A warrant issued under subsection (5) or (6) may be executed anywhere in Canada. Evidence and powers of judge on review (8) On the hearing of an application under this section, the judge may consider (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice, (b) the exhibits, if any, filed in the proceedings before the justice, and (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused, and shall either (d) dismiss the application, or (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted. Limitation of further applications (9) Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application. Application of sections 517, 518 and 519 (10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section. R.S., 1985, c. C-46, s. 521; R.S., 1985, c. 27 (1st Supp.), s. 87; 1994, c. 44, s. 47; 1999, c. 3, s. 32 2019, c. 25, s. 231
Criminal Code — C-46 522
Interim release by judge only 522 (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial. Idem (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10). Order re no communication (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary. Release of accused (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515. Order not reviewable except under section 680 (4) An order made under this section is not subject to review, except as provided in section 680. Application of sections 517, 518 and 519 (5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2). Other offences (6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence. R.S., 1985, c. C-46, s. 522; R.S., 1985, c. 27 (1st Supp.), s. 88; 1991, c. 40, s. 32; 1994, c. 44, s. 48; 1999, c. 25, s. 10(Preamble) 2019, c. 25, s. 232
Criminal Code — C-46 523.1
Judicial referral hearing 523.1 (1) When an accused appears 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 appear before a judge of that court so that the judge may hear the matter; or (b) in any other case, hear the matter. Circumstances (2) The circumstances referred to in subsection (1) are the following: (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section. Powers — Judge or Justice (3) If the judge or justice who hears the matter is satisfied that the accused 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 judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be, (a) take no action; (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be, (i) make a release order under section 515, or (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or (c) remand the accused to custody for the purposes of the Identification of Criminals Act . Dismissal of charge (4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge. No information or indictment (5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a). 2019, c. 25, s. 234
Criminal Code — C-46 526
Directions for expediting proceedings 526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused. R.S., 1985, c. C-46, s. 526; R.S., 1985, c. 27 (1st Supp.), s. 91 2019, c. 25, s. 236
Criminal Code — C-46 528
Endorsing warrant 528 (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant. Copy of affidavit or warrant (1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1). Effect of endorsement (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division. R.S., 1985, c. C-46, s. 528; R.S., 1985, c. 27 (1st Supp.), s. 93; 1994, c. 44, s. 51
Criminal Code — C-46 529
Including authorization to enter in warrant of arrest 529 (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house. Execution (2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house. R.S., 1985, c. C-46, s. 529; 1994, c. 44, s. 52; 1997, c. 39, s. 2
Criminal Code — C-46 529.1
Warrant to enter dwelling-house 529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada; (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act. 1997, c. 39, s. 2; 2002, c. 13, s. 23
Criminal Code — C-46 529.2
Reasonable terms and conditions 529.2 Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances. 1997, c. 39, s. 2
Criminal Code — C-46 529.3
Authority to enter dwelling without warrant 529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant. Exigent circumstances (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence. 1997, c. 39, s. 2
Criminal Code — C-46 529.4
Omitting announcement before entry 529.4 (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would (a) expose the peace officer or any other person to imminent bodily harm or death; or (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence. Execution of authorization (2) An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house, (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence. Exception (3) A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house, (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence. 1997, c. 39, s. 2
Criminal Code — C-46 529.5
Means of telecommunication 529.5 An application for a warrant under section 529.1 or an authorization under section 529 or 529.4 may be submitted, and the warrant or authorization may be issued, by a means of telecommunication, and section 487.1 applies for those purposes with any necessary modifications. 1997, c. 39, s. 2 2022, c. 17, s. 34
Criminal Code — C-46 530.01
Translation of documents 530.01 (1) If an order is granted under section 530, a prosecutor — other than a private prosecutor — shall, on application by the accused, (a) cause the portions of an information or indictment against the accused that are in an official language that is not that of the accused or that in which the accused can best give testimony to be translated into the other official language; and (b) provide the accused with a written copy of the translated text at the earliest possible time. Original version prevails (2) In the case of a discrepancy between the original version of a document and the translated text, the original version shall prevail. 2008, c. 18, s. 19