Continued Detention After Appearing Before a Justice
Warrant of Remand
A person who has been held in custody to be brought before a judge and justice and there is no decision made to either grant or deny bail, s. 516 (or s. 537 if a preliminary inquiry judge) permits the accused is the held under Remand Order under Form 19 to a fixed date.
- Remand to Jail or Penetentiary
The court has jurisdiction under s. 516(1) to order remand to a provincial jail or federal penitentiary based on the wording of section 516 which permits remounted to a “prison”.
A person on remand should be held in a provincial jail. Only in “exceptional circumstances” should a judge remand an accused to a federal penitentiary.
Warrant of Committal
A warrant of committal under Form 8 can be issued by a judge or justice pending disposition of outstanding charges on the basis that:
The duration of the warrant of committal is described as ending once the accused is "delivered by due course of law".
Section 493 defines warrant:
Taking an Accused Before a Justice
Adjourning Bail Hearing
On application of the prosecutor, a judge has the discretion to delay a bail hearing by up to three days without the consent of the accused. (s. 516)
When requested, a judge "is obliged to grant a reasonable opportunity" for the Crown to show cause.
When an accused adjourns show cause, the judge must issue a Warrant of Remand under s. 516 using Form 19.
A judge may also adjourn show cause under s. 537, which will also require a Warrant of Remand under Form 19.
"Clear days" is defined and calculated under section 27 of the Interpretation Act.
Non-Communication Condition While Remanded
When relating to an offence under s. 469 a similar condition can be imposed under s. 522(2.1).