Out of Province Warrantless Arrest

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General Principles

See also: Initial Post-Charge Detention

Sections 503(3) and 503(3.1) govern the process of compelling attedance where a peace officer arrests an accused without warrant for an offence that was committed in a different province.

Under s. 503(3)(b) a justice of the peace may order the remand of an accused for a period of up to 6 days, during which time the police may execute a public interest arrest warrant.

503
[omitted (1), (1.1), (2), (2.1), (2.2) and (2.3)]

Remand in custody for return to jurisdiction where offence alleged to have been committed

(3) Where a person has been arrested without warrant for an indictable offence alleged to have been committed in Canada outside the territorial division where the arrest took place, the person shall, within the time prescribed in paragraph (1)(a) [bring detainee to justice – if justice available] or (b) [bring detainee to justice – if justice not available], be taken before a justice within whose jurisdiction the person was arrested unless, where the offence was alleged to have been committed within the province in which the person was arrested, the person was taken before a justice within whose jurisdiction the offence was alleged to have been committed, and the justice within whose jurisdiction the person was arrested

(a) if the justice is not satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, shall release that person; or
(b) if the justice is satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, may
(i) remand the person to the custody of a peace officer to await execution of a warrant for his or her arrest in accordance with section 528 [endorsing warrant], but if no warrant is so executed within a period of six days after the time he or she is remanded to such custody, the person in whose custody he or she then is shall release him or her, or
(ii) where the offence was alleged to have been committed within the province in which the person was arrested, order the person to be taken before a justice having jurisdiction with respect to the offence.
Interim release

(3.1) Notwithstanding paragraph (3)(b) [Remand in custody for return to jurisdiction where offence alleged to have been committed – where grounds of arrest exist are shown], a justice may, with the consent of the prosecutor, order that the person referred to in subsection (3) [remand in custody for return to jurisdiction where offence alleged to have been committed], pending the execution of a warrant for the arrest of that person, be released

(a) without conditions; or
(b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) [release order with conditions – required obligations] that the justice considers desirable and to which the prosecutor consents.


[omitted (4) and (5)]
2019, c. 25, s. 217.

CCC


Note up: 503(3) and (3.1)

Non-Compliance

A failure to comply with 503(3) can result in a breach of rights under s 7 and 9 of the Charter of Rights and Freedoms.[1]

Time Limitation

Under s. 503, the accused must be brought before a justice in the normal course within the time specified in s. 503(1)(a) and (b). The justice will order the remand of the accused for 6 days until the accused can be transported to the offence's jurisdiction.

  1. eg see Canada v Marshall, 1984 CanLII 3561 (ONSC), 13 CCC (3d) 73, per Osborne J

See Also