| 504.
(1) In what cases justice may receive information
- Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged
|
| (a) |
that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person
|
| (i) |
is
or is believed to be, or |
| (ii) |
resides or is believed to reside, |
|
within the territorial jurisdiction of the justice;
|
| (b) |
that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;
|
| (c) |
that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or
|
| (d) |
that the person has in his possession stolen property within the territorial jurisdiction of the justice.
|
| R.S.,
c. C-34, s. 455; R.S., c. 2(2nd Supp.), s. 5. |
| |
| 505.
Time within which information to be laid in certain cases
- Where |
| (a) |
an appearance notice has been issued to an accused under section 496, or
|
| (b) |
an accused has been released from custody under section 497 or 498,
|
| an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by him shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the appearance notice, promise to appear or recognizance issued to or given or entered into by the accused for his attendance in court.
|
| R.S., c. 2(2nd Supp.), s. 5.
|
| |
| 506.
Form
- An information laid under section 504 or 505 may be in Form 2.
|
| R.S., c. 2(2nd Supp.), s. 5.
|
| |
| 507.
(1) Justice to hear informant and witnesses -
Subject to subsection 523(1.1), a justice who receives an information, other than an information laid before the justice under section 505, shall, except where an accused has already been arrested with or without a warrant,
|
| (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; and |
| (b) |
where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence. |
|
(2) Process compulsory
- No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant. |
|
(3) Procedure when witnesses attend
- 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. |
|
(4) Summons to be issued except in certain cases
- Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused. |
|
(5) No process in blank
- A justice shall not sign a summons or warrant in blank. |
|
(6) Endorsement of warrant by justice
- A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one mentioned in section 522, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29. |
|
(7) Promise to appear or recognizance deemed to have been confirmed
- Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508. |
|
(8) Issue of summons or warrant
- Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing. |
| R.S., 1985, c. C-46, s. 507; R.S., 1985, c. 27 (1st Supp.), s. 78; 1994, c. 44, s. 43.
|
| |
| 508.
(1) Justice to hear informant and witnesses
-
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) |
where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,
|
| (i) |
confirm
the appearance notice, promise to appear or recognizance, as the case
may be, and endorse the information accordingly, or |
| (ii) |
cancel the appearance notice, promise to appear or recognizance, as the
case may be, 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 him 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, promise to appear or recognizance, as the
case may be, has been cancelled; and |
| (c) |
where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation. |
|
(2) Procedure when witnesses attend
- 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.
|
| R.S., 1985, c. C-46, s. 508; R.S., 1985, c. 27 (1st Supp.), s. 79.
|
| |
| 508.1
(1) Information laid otherwise than in person
- For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing. |
|
(2) Alternative to oath
- A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer's knowledge and belief, and such a statement is deemed to be a statement made under oath. |
| 1997, c. 18, s. 56.
|
| |
| 509.
(1) Summons
-
A summons issued under this Part shall
|
| (a) |
be directed to the accused;
|
| (b) |
set out briefly the offence in respect of which the accused is charged; 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) Service on individual
- A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age. |
|
(3) Proof of service
- Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by his affidavit made before a justice or other person authorized to administer oaths or to take affidavits. |
|
(4) Content of summons
- There shall be set out in every summons the text of subsection 145(4) and section 510. |
|
(5) Attendance for purposes of Identification of Criminals Act
- A summons 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.
|
| R.S., 1985, c. C-46, s. 509; R.S., 1985, c. 27 (1st Supp.), s. 80; 1992, c. 47, s. 71; 1996, c. 7, s. 38.
|
| |
| 510.
Failure to appear
- Where an accused who is required by a summons to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place 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, a justice may 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. 510; 1992, c. 47, s. 72; 1996, c. 7, s. 38.
|
| |
| 511.
(1) Contents of warrant to arrest
- A warrant issued under this Part shall |
| (a) |
name or describe the accused;
|
| (b) |
set out briefly the offence in respect of which the accused is charged; and
|
| (c) |
order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law. |
|
(2) No return day
- A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time. |
|
(3) Discretion to postpone execution
- Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued. |
|
(4) Deemed execution of warrant
- Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
|
| R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
|
| |
| 512.
(1) Certain actions not to preclude issue of warrant
- A justice may, where the justice has reasonable and probable
grounds to believe that it is necessary in the public interest to issue
a summons or a warrant for the arrest of the accused, issue a summons
or warrant, notwithstanding that |
| (a) |
an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
|
| (b) |
a summons has previously been issued under subsection 507(4); or
|
| (c) |
the accused has been released unconditionally or with the intention of compelling his appearance by way of summons. |
|
(2) Warrant in default of appearance
- Where |
| (a) |
service of a summons is proved and the accused fails to attend court in accordance with the summons,
|
| (b) |
an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
|
| (c) |
it appears that a summons cannot be served because the accused is evading service,
|
| a
justice may issue a warrant for the arrest of the accused. |
| R.S., 1985, c. C-46, s. 512; R.S., 1985, c. 27 (1st Supp.), s. 82; 1997, c. 18, s. 58.
|
| |
| 513.
Formalities of warrant - A warrant in accordance with this Part
shall be directed to the peace officers within the territorial jurisdiction
of the justice, judge or court by whom or by which it is issued. |
| R.S., c. 2(2nd Supp.), s. 5.
|
| |
| 514
(1). Execution of warrant
- A warrant in accordance with this Part may be executed by arresting the accused
|
| (a) |
wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
|
| (b) |
wherever he is found in Canada, in the case of fresh pursuit. |
|
(2) By whom warrant may be executed
- A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.
|
| R.S., c. 2(2nd Supp.), s. 5.
|
TOP
|