Criminal Code — C-46 742.6
Procedure on breach of condition 742.6 (1) For the purpose of proceedings under this section, (a) the provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with any modifications that the circumstances require, and any reference in those Parts to committing an offence shall be read as a reference to breaching a condition of a conditional sentence order; (b) the powers of arrest for breach of a condition are those that apply to an indictable offence, with any modifications that the circumstances require, and subsection 495(2) does not apply; (c) despite paragraph (a), if an allegation of breach of condition is made, the proceeding is commenced by (i) the issuance of a warrant for the arrest of the offender for the alleged breach, (ii) the arrest without warrant of the offender for the alleged breach, or (iii) the compelling of the offender’s appearance in accordance with paragraph (d); (d) if the offender is already detained or before a court, the offender’s appearance may be compelled under the provisions referred to in paragraph (a); (e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and (f) any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender. Warrant — means of telecommunication (1.1) A warrant may be issued under paragraph (1)(f) by a means of telecommunication, and the provisions in section 487.1 on the issuance of a warrant apply for those purposes, with any necessary modifications. Interim release (2) For the purpose of the application of section 515, the release from custody of an offender who is detained on the basis of an alleged breach of a condition of a conditional sentence order shall be governed by subsection 515(6). Hearing (3) The hearing of an allegation of a breach of condition shall be commenced within thirty days, or as soon thereafter as is practicable, after (a) the offender’s arrest; or (b) the compelling of the offender’s appearance in accordance with paragraph (1)(d). Place (3.1) The allegation may be heard by any court having jurisdiction to hear that allegation in the place where the breach is alleged to have been committed or the offender is found, arrested or in custody. Attorney General’s consent (3.2) If the place where the offender is found, arrested or in custody is outside the province in which the breach is alleged to have been committed, no proceedings in respect of that breach shall be instituted in that place without (a) the consent of the Attorney General of the province in which the breach is alleged to have been committed; or (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada. Adjournment (3.3) A judge may, at any time during a hearing of an allegation of breach of condition, adjourn the hearing for a reasonable period. Report of supervisor (4) An allegation of a breach of condition must be supported by a written report of the supervisor, which report must include, where appropriate, signed statements of witnesses. Admission of report on notice of intent (5) The report is admissible in evidence if the party intending to produce it has, before the hearing, given the offender reasonable notice and a copy of the report. (6) and (7) [Repealed, 2008, c. 18, s. 41] Requiring attendance of supervisor or witness (8) The offender may, with leave of the court, require the attendance, for cross-examination, of the supervisor or of any witness whose signed statement is included in the report. Powers of court (9) Where the court is satisfied, on a balance