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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

 In this Part,

accused

accused includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 497, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

appearance notice[Repealed, 2019, c. 25, s. 209]

judge

judge means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c) [Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

officer in charge[Repealed, 2019, c. 25, s. 209]

promise to appear

promise to appear[Repealed, 2019, c. 25, s. 209]

recognizance

recognizance[Repealed, 2019, c. 25, s. 209]

summons

summons[Repealed, 2019, c. 25, s. 209]

undertaking

undertaking[Repealed, 2019, c. 25, s. 209]

warrant

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 5, c. 17, s. 12
  • 1992, c. 51, s. 37
  • 1994, c. 44, s. 39
  • 1999, c. 3, s. 30
  • 2002, c. 7, s. 143
  • 2015, c. 3, s. 51
  • 2019, c. 25, s. 209

Principle and Considerations

Marginal note:Principle of restraint

 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.

  • 2019, c. 25, s. 210

Marginal note:Aboriginal accused or vulnerable populations

 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of

  • (a) Aboriginal accused; and

  • (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

  • 2019, c. 25, s. 210

Arrest without Warrant and Release from Custody

Marginal note:Arrest without warrant by any person

  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note:For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

  • R.S., 1985, c. C-46, s. 494
  • 2012, c. 9, s. 3

Marginal note:Arrest without warrant by peace officer

  •  (1) A peace officer may arrest without warrant

    • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

    • (b) a person whom he finds committing a criminal offence; or

    • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

  • Marginal note:Limitation

    (2) A peace officer shall not arrest a person without warrant for

    • (a) an indictable offence mentioned in section 553,

    • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

    • (c) an offence punishable on summary conviction,

    in any case where

    • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence, or

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence,

      may be satisfied without so arresting the person, and

    • (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:Consequences of arrest without warrant

    (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).

  • R.S., 1985, c. C-46, s. 495
  • R.S., 1985, c. 27 (1st Supp.), s. 75

Marginal note:Arrest without warrant – application of section 524

 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a 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 a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.

  • 2019, c. 25, s. 211
 
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