| 494.
(1) Arrest without warrant by any person
- 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) |
a
person whom he finds committing an indictable offence; or |
| (ii) |
a person who, on reasonable grounds, he believes |
|
(2) Arrest by owner, etc., of property
- Any one who is
|
| (a) |
the owner or a person in lawful possession of property, or
|
| (b) |
a person authorized by the owner or by a person in lawful possession of property,
|
| may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
|
|
(3) Delivery to peace officer
- Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
|
| R.S., c. C-34, s. 449; R.S., c. 2(2nd Supp.), s. 5.
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| |
| 495.
(1) Arrest without warrant by peace officer
-
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. |
|
(2) Limitation - 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,
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| 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. |
|
(3) Consequences of arrest without warrant
- 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.
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| |
| 496.
Issue of appearance notice by peace officer
-
Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is
|
| (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. |
| R.S., c. C-34, s. 451; R.S., c. 2(2nd Supp.), s. 5.
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| |
| 497.
(1) Release from custody by peace officer
- Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,
|
| (a) |
release the person from custody with the intention of compelling their appearance by way of summons; or |
| (b) |
issue an appearance notice to the person and then release them. |
|
(1.1) Exception
- A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,
|
| (a) |
that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, 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,
|
| (iii) |
prevent the continuation or repetition of the offence or the commission of another offence, or
|
| (iv) |
ensure the safety and security of any victim of or witness to the offence; or
|
| (b) |
that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law. |
|
(2) Where subsection (1) does not apply
- Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3). |
|
(3) Consequences of non-release
- A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer's 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 (1). |
| R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble).
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| 498.
(1) Release from custody by officer in charge
- Subject to subsection (1.1), if a person who has been arrested without warrant by a peace officer is taken into custody, or if a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act is detained in custody under subsection 503(1) for an offence described in paragraph 496(a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,
|
| (a) |
release the person with the intention of compelling their appearance by way of summons;
|
| (b) |
release the person on their giving a promise to appear;
|
| (c) |
release the person on the person's entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs, but without deposit of money or other valuable security; or
|
| (d) |
if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within 200 kilometres of the place in which the person is in custody, release the person on the person's entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs and, if the officer so directs, on depositing with the officer a sum of money or other valuable security not exceeding in amount or value $500, that the officer directs. |
|
(1.1) Exception
- The officer in charge or the peace officer shall not release a person under subsection (1) if the officer in charge or peace officer believes, on reasonable grounds,
|
| (a) |
that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, 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,
|
| (iii) |
prevent the continuation or repetition of the offence or the commission of another offence, or
|
| (iv) |
ensure the safety and security of any victim of or witness to the offence; or
|
| (b) |
that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law. |
|
(2) Where subsection (1) does not apply
- Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3). |
|
(3) Consequences of non-release
- An officer in charge or another peace officer who has the custody of a person taken into or detained in custody for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer's duty for the purposes of
|
| (a) |
any
proceedings under this or any other Act of Parliament; or |
| (b) |
any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the officer in charge or other peace officer did not comply with the requirements of subsection (1).
|
| R.S., 1985, c. C-46, s. 498; R.S., 1985, c. 27 (1st Supp.), s. 186; 1997, c. 18, s. 52; 1998, c. 7, s. 2; 1999, c. 25, ss. 4, 30(Preamble).
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| |
| 499.
(1) Release from custody by officer in charge where arrest made with warrant
-
Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6),
|
| (a) |
release the person on the person's giving a promise to appear;
|
| (b) |
release the person on the person's entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs, but without deposit of money or other valuable security; or
|
| (c) |
if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person's entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs and, if the officer in charge so directs, on depositing with the officer in charge such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs. |
|
(2) Additional conditions
- In addition to the conditions for release set out in paragraphs (1)(a), (b) and (c), the officer in charge may also require the person to enter into an undertaking in Form 11.1 in which the person, in order to be released, undertakes to do one or more of the following things:
|
| (a) |
to remain within a territorial jurisdiction specified in the undertaking;
|
| (b) |
to notify a peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
|
| (c) |
to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
|
| (d) |
to deposit the person's passport with the peace officer or other person mentioned in the undertaking; |
| (e) |
to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
|
| (f) |
to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
|
| (g) |
to abstain from
|
| (i) |
the consumption of alcohol or other intoxicating substances, or
|
| (ii) |
the consumption of drugs except in accordance with a medical prescription; and
|
| (h) |
to comply with any other condition specified in the undertaking that the officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence. |
|
(3) Application to justice
- A person who has entered into an undertaking under subsection (2) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person. |
|
(4) Application by prosecutor
- Where a person has entered into an undertaking under subsection (2), the prosecutor may
|
| (a) |
at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
|
| (b) |
at the appearance,
|
| apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
|
| R.S., 1985, c. C-46, s. 499; R.S., 1985, c. 27 (1st Supp.), s. 186; 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5(Preamble).
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| |
| 500.
Money or other valuable security to be deposited with justice
- If a person has, under paragraph 498(1)(d) or 499(1)(c), deposited any sum of money or other valuable security with the officer in charge, the officer in charge shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.
|
| R.S., 1985, c. C-46, s. 500; 1999, c. 5, s. 20, c. 25, s. 6(Preamble).
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| |
| 501.
(1) Contents of appearance notice, promise to appear and recognizance
- An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall
|
| (a) |
set out the name of the accused;
|
| (b) |
set out the substance of the offence that the accused is alleged to have committed; and |
| (c) |
require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law. |
|
(2) Idem
- An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall set out the text of subsections 145(5) and (6) and section 502. |
|
(3) Attendance for purposes of Identification of Criminals Act
- An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act. |
|
(4) Signature of accused
- An accused shall be requested to sign in duplicate his appearance notice, promise to appear or recognizance and, whether or not he complies with that request, one of the duplicates shall be given to the accused, but if the accused fails or refuses to sign, the lack of his signature does not invalidate the appearance notice, promise to appear or recognizance, as the case may be. |
|
(5) Proof of issue of appearance notice
- The issue of an appearance notice by any peace officer may be proved by the oral evidence, given under oath, of the officer who issued it or by the officer's affidavit made before a justice or other person authorized to administer oaths or to take affidavits.
|
| R.S., 1985, c. C-46, s. 501; R.S., 1985, c. 27 (1st Supp.), s. 76; 1992, c. 47, s. 69; 1994, c. 44, ss. 41, 94; 1996, c. 7, s. 38.
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| |
| 502.
Failure to appear
-
Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
|
| R.S., 1985, c. C-46, s. 502; 1992, c. 47, s. 70; 1996, c. 7, s. 38; 1997, c. 18, s. 54.
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