An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
338 (1) The paragraph of Form 15 of Part XXVIII of the Act that begins with “And whereas” and ends with “charge;” is replaced by the following:
And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice);
(2) The portion of Form 15 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “division).” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 203
339 (1) The paragraph of Form 18 of Part XXVIII of the Act that begins with “And Whereas” and ends with “abscond);” is replaced by the following:
And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of
, in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);Marginal note:R.S., c. 27 (1st Supp.), s. 203
(2) The portion of Form 18 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “Code.” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(9)
340 The portion of Form 19 of Part XXVIII of the Act after the portion that begins with “Person” and ends with “Remanded to” is replaced by the following:
And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on (date), at (hour), at (place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
341 Form 20 of Part XXVIII of the Act is replaced by the following:
FORM 20(Section 545)Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of , in this warrant called the accused, has been charged that (set out offence as in the information);
And whereas E.F. of , in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely or refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at , and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
342 The portion of Form 22 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “of ;” is replaced by the following:
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at , and deliver them to the keeper of the prison, together with the following precept:
You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of , unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant.
Dated (date), at (place).
(Signature of provincial court judge, justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
343 Form 24 of Part XXVIII of the Act is replaced by the following:
FORM 24(Section 550)Warrant of Committal of Witness for Failure to Enter into Recognizance
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);
And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
344 Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25(Section 708)Warrant of Committal for Contempt
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place):
Because E.F. of , in this warrant called the defaulter, was on (date) , at (place), convicted before for contempt because the defaulter did not attend before to give evidence on the trial of a charge that (state offence as in the information) against A.B. of , although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default;
And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)
Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at and there deliver them to its keeper, together with the following order:
You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely thereFootnote * and for so doing this is a sufficient warrant.
Return to footnote *Insert whichever of the following is applicable:
(a) for the term of
;(b) for the term of
, unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;(c) for the term of
and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
- Date modified: