Criminal Code

Marginal note:Justice to hear informant and witnesses

• 508 (1) A justice who receives an information laid before him under section 505 shall

  • (a) hear and consider, ex parte,

    • (i) the allegations of the informant, and

    • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so;

  • (b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,

    • (i) confirm the appearance notice or undertaking and endorse the information accordingly, or

    • (ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and

  • (c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.

• Marginal note:Procedure when witnesses attend

  (2) A justice who hears the evidence of a witness pursuant to subsection (1) shall

  • (a) take the evidence on oath; and

  • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.