GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 502
Variation of undertaking on consent 502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be. Replacement by justice of undertaking with order (2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused. R.S., 1985, c. C-46, s. 502; 1992, c. 47, s. 70; 1996, c. 7, s. 38; 1997, c. 18, s. 54 2019, c. 25, s. 215
Criminal Code — C-46 502.1
Appearance of the accused 502.1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear in person but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice. Witness in Canada (2) Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice. Witness outside Canada (3) For greater certainty, sections 714.2 to 714.8 apply when a witness outside Canada gives evidence in a proceeding under this Part. Participants (4) A participant , as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate in person but may participate by audioconference or videoconference, if it is satisfactory to the justice. Justice (5) The justice who is to preside at a proceeding under this Part shall preside in person but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances. 2019, c. 25, s. 216 2022, c. 17, s. 30(E)
Criminal Code — C-46 503
f 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. 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 (a) any proceedings under this or any other Act of Parliament; or (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). R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble) 2019, c. 25, s. 217
Criminal Code — C-46 504
In what cases justice may receive information 504 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged (a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person (i) is or is believed to be, or (ii) resides or is believed to reside, within the territorial jurisdiction of the justice; (b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice; (c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or (d) that the person has in his possession stolen property within the territorial jurisdiction of the justice. R.S., c. C-34, s. 455; R.S., c. 2(2nd Supp.), s. 5
Criminal Code — C-46 505
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. R.S., 1985, c. C-46, s. 505 2019, c. 25, s. 218
Criminal Code — C-46 506
Form 506 An information laid under section 504 or 505 may be in Form 2. R.S., c. 2(2nd Supp.), s. 5
Criminal Code — C-46 507
Justice to hear informant and witnesses — public prosecutions 507 (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant, (a) hear and consider, ex parte , (i) the allegations of the informant, and (ii) the evidence of witnesses, where he considers it desirable or necessary to do so; and (b) where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence. Process compulsory (2) No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant. Procedure when witnesses attend (3) A justice who hears the evidence of a witness pursuant to subsection (1) shall (a) take the evidence on oath; and (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied. Summons to be issued except in certain cases (4) Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused. No process in blank (5) A justice shall not sign a summons or warrant in blank. 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. 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. Issue of summons or warrant (8) Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing. R.S., 1985, c. C-46, s. 507; R.S., 1985, c. 27 (1st Supp.), s. 78; 1994, c. 44, s. 43; 2002, c. 13, s. 21 2019, c. 25, s. 219
Criminal Code — C-46 508
Justice to hear informant and witnesses 508 (1) A justice who receives an information laid before him under section 505 shall (a) hear and consider, ex parte , (i) the allegations of the informant, and (ii) the evidence of witnesses, where he considers it desirable or necessary to do so; (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. Procedure when witnesses attend (2) A justice who hears the evidence of a witness pursuant to subsection (1) shall (a) take the evidence on oath; and (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied. R.S., 1985, c. C-46, s. 508; R.S., 1985, c. 27 (1st Supp.), s. 79 2019, c. 25, s. 220
Criminal Code — C-46 508.1
Information laid otherwise than in person 508.1 (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing. Alternative to oath (2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer’s knowledge and belief, and such a statement is deemed to be a statement made under oath. 1997, c. 18, s. 56
Criminal Code — C-46 509
Summons 509 (1) A summons issued under this Part shall (a) be directed to the accused; (b) set out briefly the offence in respect of which the accused is charged; and (c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law. Service on individual (2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age. (3) [Repealed, 2008, c. 18, s. 17] Summary of certain provisions (4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4). Attendance for purposes of Identification of Criminals Act (5) A summons may require the accused to appear at a 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. R.S., 1985, c. C-46, s. 509; R.S., 1985, c. 27 (1st Supp.), s. 80; 1992, c. 47, s. 71; 1996, c. 7, s. 38; 2008, c. 18, s. 17 2019, c. 25, s. 221 2022, c. 17, s. 31
Criminal Code — C-46 511
Contents of warrant to arrest 511 (1) A warrant issued under this Part shall (a) name or describe the accused; (b) set out briefly the offence in respect of which the accused is charged; and (c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law. No return day (2) A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time. Discretion to postpone execution (3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued. Deemed execution of warrant (4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed. R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57
Criminal Code — C-46 512
Certain actions not to preclude issue of warrant 512 (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1); (b) a summons has previously been issued under subsection 507(4); or (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons. Warrant in default of appearance (2) Where (a) service of a summons is proved and the accused fails to attend court in accordance with the summons, (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 (c) it appears that a summons cannot be served because the accused is evading service, a justice may issue a warrant for the arrest of the accused. R.S., 1985, c. C-46, s. 512; R.S., 1985, c. 27 (1st Supp.), s. 82; 1997, c. 18, s. 58 2019, c. 25, s. 223
Criminal Code — C-46 512.1
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. 2019, c. 25, s. 224
Criminal Code — C-46 512.2
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. 2019, c. 25, s. 224
Criminal Code — C-46 512.3
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. 2019, c. 25, s. 224
Criminal Code — C-46 513
Formalities of warrant 513 A warrant in accordance with this Part shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued. R.S., c. 2(2nd Supp.), s. 5
Criminal Code — C-46 514
Execution of warrant 514 (1) A warrant in accordance with this Part may be executed by arresting the accused (a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or (b) wherever he is found in Canada, in the case of fresh pursuit. By whom warrant may be executed (2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer. R.S., c. 2(2nd Supp.), s. 5
Criminal Code — C-46 515
iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more. Detention in custody for offence listed in section 469 (11) Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused. Order re no communication (12) A justice 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 justice considers necessary. Victim’s and community’s safety and security (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that the justice considered the safety and security of every victim of the offence and the safety and security of the community when making the order. Aboriginal accused or vulnerable populations (13.1) A justice who makes an order under this section shall include in the record of proceedings a statement that sets out both how they determined whether the accused is an accused referred to in section 493.2 and their determination. If the justice determines that the accused is an accused referred to in section 493.2, they shall also include a statement indicating how they considered their particular circumstances, as required under that section. Copy to victim (14) If an order is made under this section, the justice shall, on request by a victim of the offence, cause a copy of the order to be given to the victim. Inquiry for copies (14.1) Upon making an order under subsection (2), the justice must ask the prosecutor whether victims of the offence have been informed of their right to request a copy of the order. R.S., 1985, c. C-46, s. 515; R.S., 1985, c. 27 (1st Supp.), ss. 83, 186; 1991, c. 40, s. 31; 1993, c. 45, s. 8; 1994, c. 44, s. 44; 1995, c. 39, s. 153; 1996, c. 19, ss. 71, 93.3; 1997, c. 18, s. 59, c. 23, s. 16; 1999, c. 5, s. 21, c. 25, s. 8(Preamble); 2001, c. 32, s. 37, c. 41, ss. 19, 133; 2008, c. 6, s. 37; 2009, c. 22, s. 17, c. 29, s. 2; 2010, c. 20, s. 1; 2012, c. 1, s. 32; 2014, c. 17, s. 14; 2015, c. 13, s. 20; 2018, c. 16, s. 218 2019, c. 25, s. 225 2021, c. 27, s. 4 2022, c. 17, s. 32(E) 2023, c. 7, s. 1 2023, c. 30, s. 1 2023, c. 32, s. 13.3 2024, c. 16, s. 71 2024, c. 16, s. 72(E) 2024, c. 16, s. 73(F) 2024, c. 22, s. 1
Criminal Code — C-46 515.01
Attendance — Identification of Criminals Act 515.01 When a release order is made under section 515, the judge or justice may also make an order, in Form 11.1, requiring 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 charged with an offence referred to in paragraph 2(1)(c) of that Act. 2022, c. 17, s. 33
Criminal Code — C-46 515.1
Declaration of surety 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out (a) their name, date of birth and contact information; (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information; (c) their relationship to the accused; (d) the name and date of birth of any other accused for whom they act as a surety; (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any; (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order; (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and (h) a description of the contents of their criminal record and any outstanding charges against them, if any. Exception (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if (a) the prosecutor consents to it; or (b) the judge, justice or court is satisfied that (i) the person cannot reasonably provide a declaration in the circumstances, (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and (iii) the person has acknowledged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety. Means of telecommunication (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing. 1997, c. 18, s. 60 2019, c. 25, s. 226
Criminal Code — C-46 516
Remand in custody 516 (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused. Detention pending bail hearing (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order 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 conditions specified in the order that the justice considers necessary. Duration of order (3) An order made under subsection (2) remains in force, (a) until it is varied or revoked; (b) until an order in respect of the accused is made under section 515; (c) until the accused is acquitted of the offence, if applicable; or (d) until the time the accused is sentenced, if applicable. R.S., 1985, c. C-46, s. 516; 1999, c. 5, s. 22, c. 25, s. 31(Preamble) 2019, c. 25, s. 227
Criminal Code — C-46 517
Order directing matters not to be published for specified period 517 (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended. Failure to comply (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction. (3) [Repealed, 2005, c. 32, s. 17] R.S., 1985, c. C-46, s. 517; R.S., 1985, c. 27 (1st Supp.), s. 101(E); 2005, c. 32, s. 17; 2018, c. 29, s. 62