GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 839
Appeal on question of law 839 (1) Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against (a) a decision of a court in respect of an appeal under section 822; or (b) a decision of an appeal court under section 834, except where that court is the court of appeal. Nunavut (1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2). Sections applicable (2) Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section. Costs (3) Notwithstanding subsection (2), the court of appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section. Enforcement of decision (4) The decision of the court of appeal may be enforced in the same manner as if it had been made by the summary conviction court before which the proceedings were originally heard and determined. Right of Attorney General of Canada to appeal (5) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part. R.S., 1985, c. C-46, s. 839; R.S., 1985, c. 27 (1st Supp.), s. 183; 1999, c. 3, s. 57
Criminal Code — C-46 840
Fees and allowances 840 (1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part. Order of lieutenant governor in council (2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead. R.S., 1985, c. C-46, s. 840; 1994, c. 44, s. 83; 1997, c. 18, s. 114
Criminal Code — C-46 841
Definitions 841 The definitions in this section apply in this section and in sections 842 to 847. data means representations of information or concepts, in any form. ( données ) electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data. ( document électronique ) R.S., 1985, c. C-46, s. 841; R.S., 1985, c. 31 (4th Supp.), s. 97; 2002, c. 13, s. 84
Criminal Code — C-46
data means representations of information or concepts, in any form. ( données )
Criminal Code — C-46
electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data. ( document électronique )
Criminal Code — C-46 842
Dealing with data in court 842 Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court. 2002, c. 13, s. 84
Criminal Code — C-46 843
Transfer of data 843 (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received. Time of filing (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court. 2002, c. 13, s. 84
Criminal Code — C-46 844
Documents in writing 844 A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court. 2002, c. 13, s. 84
Criminal Code — C-46 845
Signatures 845 If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court. 2002, c. 13, s. 84
Criminal Code — C-46 846
Oaths 846 If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief; (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and (c) the electronic document was made in accordance with the laws of the place where it was made. 2002, c. 13, s. 84
Criminal Code — C-46 847
Copies 847 Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province. 2002, c. 13, s. 84
Criminal Code — C-46 849
Forms 849 (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided. Seal not required (2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part. Official languages (3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages. [Editorial note: In this consolidation, the forms referred to in this section can be found at the end of the Act.] 2002, c. 13, s. 84
Criminal Code — C-46 1
1 An offence under any of the following provisions of this Act: (a) section 119 or 120 (bribery of officers); (b) section 121 (frauds on the government); (c) section 123 (municipal corruption); (d) section 124 (selling or purchasing office); (e) section 125 (influencing or negotiating appointments or dealing in offices); (f) subsection 139(3) (obstructing justice); (g) section 322 (theft); (h) section 330 (theft by person required to account); (i) section 332 (misappropriation of money held under direction); (j) section 340 (destroying documents of title); (k) section 341 (fraudulent concealment); (l) section 354 (property obtained by crime); (m) section 362 (false pretence or false statement); (n) section 363 (obtaining execution of valuable security by fraud); (o) section 366 (forgery); (p) section 368 (use, trafficking or possession of forged document); (q) section 375 (obtaining by instrument based on forged document); (r) section 378 (offences in relation to registers); (s) section 380 (fraud); (t) section 382 (fraudulent manipulation of stock exchange transactions); (u) section 382.1 (prohibited insider trading); (v) section 383 (gaming in stocks or merchandise); (w) section 389 (fraudulent disposal of goods on which money advanced); (x) section 390 (fraudulent receipts under Bank Act ); (x.1) section 391 (trade secret); (y) section 392 (disposal of property to defraud creditors); (z) section 397 (books and documents); (z.1) section 400 (false prospectus); (z.2) section 418 (selling defective stores to Her Majesty); and (z.3) section 426 (secret commissions). (z.4) section 462.31 (laundering proceeds of crime).
Criminal Code — C-46 2
2 An offence under any of the following provisions of the Corruption of Foreign Public Officials Act : a) section 3 (bribing a foreign public official); and b) section 4 (maintenance or destruction of books and records to facilitate or hide the bribing of a foreign public official).
Criminal Code — C-46 3
3 A conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in section 1 or 2.
Criminal Code — C-46
A judge of the Court of Appeal in respect of a release order or recognizance for the appearance of a person before the Court
Criminal Code — C-46
The Superior Court of Justice in respect of undertakings or all other release orders or recognizances
Criminal Code — C-46
A Registrar of the Superior Court of Justice
Criminal Code — C-46
The Court of Quebec, Criminal and Penal Division
Criminal Code — C-46
The Registrar of the Court of Queen’s Bench
Criminal Code — C-46
The Supreme Court in respect of an undertaking, release order or recognizance for the appearance of a person before that Court or the Court of Appeal
Criminal Code — C-46
The District Registrar of the Supreme Court
Criminal Code — C-46
A Provincial Court in respect of an undertaking, release order or recognizance for the appearance of a person before a judge of that Court or a justice
Criminal Code — C-46
The registrar or a deputy registrar of the Court of Queen’s Bench
Criminal Code — C-46
The Local Registrar of the Court of Queen’s Bench
Criminal Code — C-46
The Clerk of the Nunavut Court of Justice
Criminal Code — C-46 3
3 Warrant where summons issued in first instance $ 0.30
Criminal Code — C-46 4
4 Warrant where summons issued in first instance $ 0.30
Criminal Code — C-46 5
5 Each subpoena or warrant to or for witnesses $ 0.30 (A subpoena may contain any number of names. Only one subpoena may be issued on behalf of a party in any proceeding, unless the summary conviction court or the justice considers it necessary or desirable that more than one subpoena be issued.)
Criminal Code — C-46
(A subpoena may contain any number of names. Only one subpoena may be issued on behalf of a party in any proceeding, unless the summary conviction court or the justice considers it necessary or desirable that more than one subpoena be issued.)
Criminal Code — C-46 6
6 Information for warrant for witness and warrant for witness $ 1.00
Criminal Code — C-46 7
7 Each necessary copy of subpoena to or warrant for witness $ 0.20
Criminal Code — C-46 8
8 Each release order or recognizance $ 1.00
Criminal Code — C-46 9
9 Hearing and determining proceeding $ 1.00
Criminal Code — C-46 10
10 Where hearing lasts more than two hours $ 2.00
Criminal Code — C-46 11
11 Where two or more justices hear and determine a proceeding, each is entitled to the fee authorized by item 9.
Criminal Code — C-46 13
13 Making up record of conviction or order on request of a party to the proceedings $ 1.00
Criminal Code — C-46 14
14 Copy of a writing other than a conviction or order, on request of a party to the proceedings; for each folio of one hundred words $ 0.10
Criminal Code — C-46 15
15 Bill of costs, when made out in detail on request of a party to the proceedings $ 0.20 (Items 14 and 15 may be charged only where there has been an adjudication.)
Criminal Code — C-46
(Items 14 and 15 may be charged only where there has been an adjudication.)
Criminal Code — C-46 17
17 Attending to make a release order or take a recognizance $ 1.00
Criminal Code — C-46 18
18 Arresting a person on a warrant or without a warrant $ 1.50
Criminal Code — C-46 20
20 Mileage to serve summons or subpoena or to make an arrest, both ways, for each mile $ 0.10 (Where a public conveyance is not used, reasonable costs of transportation may be allowed.)
Criminal Code — C-46
(Where a public conveyance is not used, reasonable costs of transportation may be allowed.)
Criminal Code — C-46 21
21 Mileage where service cannot be effected, on proof of a diligent attempt to effect service, each way, for each mile $ 0.10
Criminal Code — C-46 22
22 Returning with prisoner after arrest to take him before a summary conviction court or justice at a place different from the place where the peace officer received the warrant to arrest, if the journey is of necessity over a route different from that taken by the peace officer to make the arrest, each way, for each mile $ 0.10
Criminal Code — C-46 23
23 Taking a prisoner to prison on remand or committal, each way, for each mile $ 0.10 (Where a public conveyance is not used, reasonable costs of transportation may be allowed. No charge may be made under this item in respect of a service for which a charge is made under item 22.)
Criminal Code — C-46
(Where a public conveyance is not used, reasonable costs of transportation may be allowed. No charge may be made under this item in respect of a service for which a charge is made under item 22.)
Criminal Code — C-46 24
24 Attending summary conviction court or justice on summary conviction proceedings, for each day necessarily employed $ 2.00 (Not more than $2.00 may be charged under this item in respect of any day notwithstanding the number of proceedings that the peace officer attended on that day before that summary conviction court or justice.)
Criminal Code — C-46
(Not more than $2.00 may be charged under this item in respect of any day notwithstanding the number of proceedings that the peace officer attended on that day before that summary conviction court or justice.)
Criminal Code — C-46 26
26 Mileage travelled to attend trial, each way, for each mile $ 0.10
Criminal Code — C-46 28
28 Actual living expenses when away from ordinary place of residence, not to exceed per day $ 10.00
Criminal Code — C-46 29
29 Mileage travelled to attend trial, each way, for each mile $ 0.10
Criminal Code — C-46
This is the information of A.B., of in the said ( territorial division ), ( occupation ), hereinafter called the informant, taken before me.
Criminal Code — C-46
The informant says that ( describe things to be searched for and offence in respect of which search is to be made ), and that he believes on reasonable grounds that the said things, or some part of them, are in the ( dwelling-house, etc. ) of C.D., of , in the said ( territorial division ). ( Here add the grounds of belief, whatever they may be .)
Criminal Code — C-46
Wherefore the informant prays that a search warrant may be granted to search the said ( dwelling-house, etc. ) for the said things.
Criminal Code — C-46
Sworn before me this day of , A.D. , at .
Criminal Code — C-46
This is the information of C.D., of , ( occupation ), hereinafter called the informant.
Criminal Code — C-46
The informant says that ( if the informant has no personal knowledge state that he believes on reasonable grounds and state the offence ).
Criminal Code — C-46
Note : The date of birth of the accused may be mentioned on the information or indictment.
Criminal Code — C-46
( Signature of signing officer, Agent of Attorney General, etc., as the case may be )
Criminal Code — C-46
To the peace officers in the said ( territorial division ) or to the ( named public officers ):
Criminal Code — C-46
Whereas it appears on the oath of A.B., of that there are reasonable grounds for believing that ( describe things to be searched for and offence in respect of which search is to be made ) are in at , hereinafter called the premises;
Criminal Code — C-46
This is, therefore, to authorize and require you between the hours of ( as the justice may direct ) to enter into the said premises and to search for the said things and to bring them before me or some other justice.
Criminal Code — C-46
Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data will assist in the investigation of an offence that has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ), (or) will assist in the investigation of an offence that has been committed under ( specify the provision of the law of the foreign state ) that is being conducted by a person or authority, ( name of person or authority ), with responsibility in ( specify the name of the foreign state ) for the investigation of such offences, you are required to preserve ( specify the computer data ) that is in your possession or control when you receive this demand until ( insert date ) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.
Criminal Code — C-46
will assist in the investigation of an offence that has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ),
Criminal Code — C-46
will assist in the investigation of an offence that has been committed under ( specify the provision of the law of the foreign state ) that is being conducted by a person or authority, ( name of person or authority ), with responsibility in ( specify the name of the foreign state ) for the investigation of such offences,
Criminal Code — C-46
you are required to preserve ( specify the computer data ) that is in your possession or control when you receive this demand until ( insert date ) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.
Criminal Code — C-46
This demand is subject to the following conditions: If you contravene this demand without lawful excuse, you may be subject to a fine. You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code . If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Criminal Code — C-46
If you contravene this demand without lawful excuse, you may be subject to a fine.
Criminal Code — C-46
You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code . If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Criminal Code — C-46
( Signature of peace officer or public officer )
Criminal Code — C-46
This is the information of ( name of peace officer or public officer ), of (“the informant”).
Criminal Code — C-46
The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) (or has been committed under ( specify the provision of the law of the foreign state )) and that ( specify the computer data ) is in the possession or control of ( name of the person ) and will assist in the investigation of the offence.
Criminal Code — C-46
The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data ( and, if applicable, and that ( name of person or authority ) is conducting the investigation and has responsibility for the investigation of such offences in ( insert the name of the foreign state )).
Criminal Code — C-46
The reasonable grounds are: ( including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code )
Criminal Code — C-46
The informant therefore requests that ( name of the person ) be ordered to preserve ( specify the computer data ) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.
Criminal Code — C-46
Sworn before me on ( date ), at ( place ).
Criminal Code — C-46 (a)
Whereas I am satisfied by information on oath of ( name of peace officer or public officer ), of , (a) that there are reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) (or has been committed under ( specify the provision of the law of the foreign state )) and that ( specify the computer data ) is in your possession or control and will assist in the investigation of the offence; and (b) that a peace officer or public officer intends to apply or has applied for a warrant or order to obtain a document that contains the computer data ( and, if applicable, and that ( name of person or authority ) is conducting the investigation and has responsibility for the investigation of such offences in ( insert the name of the foreign state ));
Criminal Code — C-46 (a)
(a) that there are reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) (or has been committed under ( specify the provision of the law of the foreign state )) and that ( specify the computer data ) is in your possession or control and will assist in the investigation of the offence; and
Criminal Code — C-46 (b)
(b) that a peace officer or public officer intends to apply or has applied for a warrant or order to obtain a document that contains the computer data ( and, if applicable, and that ( name of person or authority ) is conducting the investigation and has responsibility for the investigation of such offences in ( insert the name of the foreign state ));
Criminal Code — C-46
Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until ( insert date ) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order.
Criminal Code — C-46
This order is subject to the following conditions: If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both. You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code . If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Criminal Code — C-46
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Criminal Code — C-46
The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and that keeping ( specify the account ) open or active will assist in the investigation of the offence.
Criminal Code — C-46
The informant therefore requests that ( name of the person ) be ordered to keep ( specify the account ) open or active for 60 days after the day on which the order is made.
Criminal Code — C-46
Whereas I am satisfied by information on oath of ( name of peace officer or public officer ), of , that there are reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and that keeping ( specify the account ) open or active will assist in the investigation of the offence;