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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-06-20 and last amended on 2022-06-20. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)

Judicial Interim Release (continued)

Marginal note:Declaration of surety

  •  (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out

    • (a) their name, date of birth and contact information;

    • (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

    • (c) their relationship to the accused;

    • (d) the name and date of birth of any other accused for whom they act as a surety;

    • (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;

    • (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

    • (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

    • (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

  • Marginal note:Exception

    (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

    • (a) the prosecutor consents to it; or

    • (b) the judge, justice or court is satisfied that

      • (i) the person cannot reasonably provide a declaration in the circumstances,

      • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

      • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.

  • Marginal note:Means of telecommunication

    (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.

Marginal note:Remand in custody

  •  (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Detention pending bail hearing

    (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

  • Marginal note:Duration of order

    (3) An order made under subsection (2) remains in force,

    • (a) until it is varied or revoked;

    • (b) until an order in respect of the accused is made under section 515;

    • (c) until the accused is acquitted of the offence, if applicable; or

    • (d) until the time the accused is sentenced, if applicable.

Marginal note:Order directing matters not to be published for specified period

  •  (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

    • (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or

    • (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

  • Marginal note:Failure to comply

    (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2005, c. 32, s. 17]

  • R.S., 1985, c. C-46, s. 517
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)
  • 2005, c. 32, s. 17
  • 2018, c. 29, s. 62

Marginal note:Inquiries to be made by justice and evidence

  •  (1) In any proceedings under section 515,

    • (a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;

    • (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

    • (c) the prosecutor may, in addition to any other relevant evidence, lead evidence

      • (i) to prove that the accused has previously been convicted of a criminal offence,

      • (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,

      • (iii) to prove that the accused has previously committed an offence under section 145, or

      • (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

    • (d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

    • (d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;

    • (d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

    • (e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.

  • Marginal note:Release pending sentence

    (2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

  • R.S., 1985, c. C-46, s. 518
  • R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F)
  • 1994, c. 44, s. 45
  • 1999, c. 25, s. 9(Preamble)

Marginal note:Release of accused

  •  (1) If a justice makes a release order under section 515,

    • (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released

      • (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter;

    • (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order

      • (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

      and if the justice so endorses the warrant, he shall attach to it a copy of the order; and

    • (c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.

  • Marginal note:Discharge from custody

    (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.

  • Marginal note:Warrant for committal

    (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

Marginal note:Variation of release order with consent

 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.

Marginal note:Review of order

  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to prosecutor

    (2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Execution

    (6) A warrant issued under subsection (5) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (7) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor,

    and shall either

    • (d) dismiss the application, or

    • (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.

  • Marginal note:Limitation of further applications

    (8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 520
  • R.S., 1985, c. 27 (1st Supp.), s. 86
  • 1994, c. 44, s. 46
  • 1999, c. 3, s. 31
  • 2019, c. 25, s. 230

Marginal note:Review of order

  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to accused

    (2) An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Warrant for detention

    (6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.

  • Marginal note:Execution

    (7) A warrant issued under subsection (5) or (6) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (8) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused,

    and shall either

    • (d) dismiss the application, or

    • (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.

  • Marginal note:Limitation of further applications

    (9) Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 521
  • R.S., 1985, c. 27 (1st Supp.), s. 87
  • 1994, c. 44, s. 47
  • 1999, c. 3, s. 32
  • 2019, c. 25, s. 231
 
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