GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 810.22
Transfer of order 810.22 (1) If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an offence under section 811, in — a territorial division other than the territorial division in which the order was made, on application of a peace officer or the Attorney General, a provincial court judge may, subject to subsection (2), transfer the order to a provincial court judge in that other territorial division and the order may then be dealt with and enforced by the provincial court judge to whom it is transferred in all respects as if that provincial court judge had made the order. Attorney General’s consent (2) The transfer may be granted only with (a) the consent of the Attorney General of the province in which the order was made, if the two territorial divisions are not in the same province; or (b) the consent of the Attorney General of Canada, if the information that led to the issuance of the order was laid with the consent of the Attorney General of Canada. If judge unable to act (3) If the judge who made the order or a judge to whom an order has been transferred is for any reason unable to act, the powers of that judge in relation to the order may be exercised by any other judge of the same court. 2015, c. 20, s. 26
Criminal Code — C-46 810.4
Prohibition on use of bodily substance 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. Prohibition on use or disclosure of result (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2. Exception (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes. Offence (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction. 2011, c. 7, s. 11; 2015, c. 20, s. 34 2024, c. 22, s. 4
Criminal Code — C-46 810.5
Orders under sections 486 to 486.5 and 486.7 810.5 (1) Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2. Offence — order restricting publication (2) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6. 2019, c. 13, s. 154
Criminal Code — C-46 811
Breach of recognizance 811 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 811; 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s. 10, c. 23, ss. 20, 27; 2001, c. 41, s. 23; 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12 2019, c. 25, s. 322
Criminal Code — C-46 811.1
Proof of certificate of analyst — bodily substance 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. Definition of analyst (2) In this section, analyst has the same meaning as in section 320.11. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced. Requiring attendance of analyst (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination. 2011, c. 7, s. 12; 2015, c. 20, s. 34; 2018, c. 21, s. 27 2024, c. 22, s. 5
Criminal Code — C-46 812
Definition of appeal court 812 (1) For the purposes of sections 813 to 828, appeal court means (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made; (b) in the Province of Quebec, the Superior Court; (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court; (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench; (e) [Repealed, 1992, c. 51, s. 43] (f) [Repealed, 2015, c. 3, s. 56] (g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and (i) in Nunavut, a judge of the Nunavut Court of Justice. When appeal court is Court of Appeal of Nunavut (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice. R.S., 1985, c. C-46, s. 812; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 7, c. 17, s. 15; 1992, c. 51, s. 43; 1998, c. 30, s. 14; 1999, c. 3, s. 55; 2002, c. 7, s. 149; 2015, c. 3, s. 56
Criminal Code — C-46 813
Appeal by defendant, informant or Attorney General 813 Except where otherwise provided by law, (a) the defendant in proceedings under this Part may appeal to the appeal court (i) from a conviction or order made against him, (ii) against a sentence passed on him, or (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court (i) from an order that stays proceedings on an information or dismisses an information, (ii) against a sentence passed on a defendant, or (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial, and the Attorney General of Canada or his agent 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 or his agent has under this paragraph. R.S., 1985, c. C-46, s. 813; R.S., 1985, c. 27 (1st Supp.), s. 180; 1991, c. 43, s. 9
Criminal Code — C-46 814
Manitoba and Alberta 814 (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal. Saskatchewan (2) In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal. British Columbia (3) In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal. Territories (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held. R.S., 1985, c. C-46, s. 814; 1993, c. 28, s. 78; 2002, c. 7, s. 150
Criminal Code — C-46 815
Notice of appeal 815 (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court. Extension of time (2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given. R.S., c. C-34, s. 750; 1972, c. 13, s. 66; 1974-75-76, c. 93, s. 89
Criminal Code — C-46 816
Release order — appellant 816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order. Release of appellant (1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant. Applicable provisions (2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section. R.S., 1985, c. C-46, s. 816; R.S., 1985, c. 27 (1st Supp.), s. 181(E) 2019, c. 25, s. 323
Criminal Code — C-46 817
Recognizance of prosecutor 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs. Condition (2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard. Appeals by Attorney General (3) This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General. (4) [Repealed, 2019, c. 25, s. 324] R.S., 1985, c. C-46, s. 817 2019, c. 25, s. 324 2022, c. 17, s. 54(F)
Criminal Code — C-46 818
Application to appeal court for review 818 (1) Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the order made by the justice. Disposition of application by appeal court (2) On the hearing of an application under this section, the appeal court, after giving the appellant and the respondent a reasonable opportunity to be heard, shall (a) dismiss the application; or (b) if the person applying for the review shows cause, allow the application, vacate the order made by the justice and make the order that in the opinion of the appeal court should have been made. Effect of order (3) An order made under this section shall have the same force and effect as if it had been made by the justice. R.S., c. 2(2nd Supp.), s. 16; 1974-75-76, c. 93, s. 91.1
Criminal Code — C-46 819
Application to fix date for hearing of appeal 819 (1) Where, in the case of an appellant who has been convicted by a summary conviction court and who is in custody pending the hearing of his appeal, the hearing of his appeal has not commenced within thirty days from the day on which notice of his appeal was given in accordance with the rules referred to in section 815, the person having the custody of the appellant shall, forthwith on the expiration of those thirty days, apply to the appeal court to fix a date for the hearing of the appeal. Order fixing date (2) On receiving an application under subsection (1), the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as it thinks necessary for expediting the hearing of the appeal. R.S., c. 2(2nd Supp.), s. 16; 1974-75-76, c. 93, s. 92
Criminal Code — C-46 820
Payment of fine not a waiver of appeal 820 (1) A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right to appeal. Presumption (2) A conviction, order or sentence shall be deemed not to have been appealed against until the contrary is shown. R.S., c. C-34, s. 753
Criminal Code — C-46 821
Notification and transmission of conviction, etc. 821 (1) Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or order appealed from or imposed the sentence appealed against of the appeal and on receipt of the notification that summary conviction court shall transmit the conviction, order or order of dismissal and all other material in its possession in connection with the proceedings to the appeal court before the time when the appeal is to be heard, or within such further time as the appeal court may direct, and the material shall be kept by the clerk of the appeal court with the records of the appeal court. Saving (2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals. Appellant to furnish transcript of evidence (3) Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection 540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal. R.S., c. C-34, s. 754; 1972, c. 13, s. 67; 1974-75-76, c. 93, s. 93
Criminal Code — C-46 824
Adjournment 824 The appeal court may adjourn the hearing of an appeal from time to time as may be necessary. R.S., c. C-34, s. 756
Criminal Code — C-46 825
Dismissal for failure to appear or want of prosecution 825 The appeal court may, on proof that notice of an appeal has been given and that (a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or (b) the appeal has not been proceeded with or has been abandoned, order that the appeal be dismissed. R.S., 1985, c. C-46, s. 825 2019, c. 25, s. 325
Criminal Code — C-46 826
Costs 826 Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable. R.S., c. C-34, s. 758
Criminal Code — C-46 827
To whom costs payable, and when 827 (1) Where the appeal court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the court, to be paid by him to the person entitled to them, and shall fix the period within which the costs shall be paid. Certificate of non-payment of costs (2) Where costs are not paid in full within the period fixed for payment and the person who has been ordered to pay them has not been bound by a recognizance to pay them, the clerk of the court shall, on application by the person entitled to the costs, or by any person on his behalf, and on payment of any fee to which the clerk of the court is entitled, issue a certificate in Form 42 certifying that the costs or a part thereof, as the case may be, have not been paid. Committal (3) A justice having jurisdiction in the territorial division in which a certificate has been issued under subsection (2) may, on production of the certificate, by warrant in Form 26, commit the defaulter to imprisonment for a term not exceeding one month, unless the amount of the costs and, where the justice thinks fit so to order, the costs of the committal and of conveying the defaulter to prison are sooner paid. R.S., c. C-34, s. 759
Criminal Code — C-46 828
Enforcement of conviction or order by court of appeal 828 (1) A conviction or order made by the appeal court may be enforced (a) in the same manner as if it had been made by the summary conviction court; or (b) by process of the appeal court. Enforcement by justice (2) Where an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the summary conviction court that made the conviction or order or a justice for the same territorial division may issue a warrant of committal as if no appeal had been taken. Duty of clerk of court (3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance. R.S., 1985, c. C-46, s. 828 2019, c. 25, s. 326
Criminal Code — C-46 829
Definition of appeal court 829 (1) Subject to subsection (2), for the purposes of sections 830 to 838, appeal court means, in any province, the superior court of criminal jurisdiction for the province. Nunavut (2) If the appeal is from a conviction, judgment, verdict or other final order or determination of a summary conviction court consisting of a judge of the Nunavut Court of Justice, appeal court means a judge of the Court of Appeal of Nunavut. R.S., 1985, c. C-46, s. 829; R.S., 1985, c. 27 (1st Supp.), s. 182; 1999, c. 3, s. 56
Criminal Code — C-46 830
Appeals 830 (1) A party to proceedings to which this Part applies or the Attorney General may appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court on the ground that (a) it is erroneous in point of law; (b) it is in excess of jurisdiction; or (c) it constitutes a refusal or failure to exercise jurisdiction. Form of appeal (2) An appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent. Rules for appeals (3) An appeal under this section shall be made within the period and in the manner directed by any applicable rules of court and where there are no such rules otherwise providing, a notice of appeal in writing shall be served on the respondent and a copy thereof, together with proof of service, shall be filed with the appeal court within thirty days after the date of the conviction, judgment or verdict of acquittal or other final order or determination that is the subject of the appeal. Rights of Attorney General of Canada (4) 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 section. R.S., 1985, c. C-46, s. 830; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9
Criminal Code — C-46 831
Application 831 The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal. R.S., 1985, c. C-46, s. 831; R.S., 1985, c. 27 (1st Supp.), s. 182
Criminal Code — C-46 832
Release order or recognizance 832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817. Attorney General (2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General. R.S., 1985, c. C-46, s. 832; R.S., 1985, c. 27 (1st Supp.), s. 182 2019, c. 25, s. 327
Criminal Code — C-46 833
No writ required 833 No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the judgment, determination or opinion of the appeal court. R.S., 1985, c. C-46, s. 833; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9
Criminal Code — C-46 834
Powers of appeal court 834 (1) When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may (a) affirm, reverse or modify the conviction, judgment, verdict or other final order or determination, or (b) remit the matter to the summary conviction court with the opinion of the appeal court, and may make any other order in relation to the matter or with respect to costs that it considers proper. Authority of judge (2) Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time. R.S., 1985, c. C-46, s. 834; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9
Criminal Code — C-46 835
Enforcement 835 (1) Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, modified or made by the appeal court as the summary conviction court would have had if no appeal had been taken. Idem (2) An order of the appeal court may be enforced by its own process. R.S., 1985, c. C-46, s. 835; R.S., 1985, c. 27 (1st Supp.), s. 182
Criminal Code — C-46 836
Appeal under section 830 836 Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813 shall be taken to have abandoned all the person’s rights of appeal under section 813. R.S., 1985, c. C-46, s. 836; R.S., 1985, c. 27 (1st Supp.), s. 182; 1991, c. 43, s. 9
Criminal Code — C-46 837
Appeal barred 837 Where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order. R.S., 1985, c. C-46, s. 837; R.S., 1985, c. 27 (1st Supp.), s. 182
Criminal Code — C-46 838
Extension of time 838 The appeal court or a judge thereof may at any time extend any time period referred to in section 830, 831 or 832. R.S., 1985, c. C-46, s. 838; R.S., 1985, c. 27 (1st Supp.), s. 182