|This page was last substantively updated or reviewed January 2018. (Rev. # 84596)|
A person who is in the custody of a prison may be brought to court by way of a pickup, transport or production order issued by either a provincial court or superior court judge.
An accused who is in custody on other matters and is brought before a court on new charges without arrest, notice or summons, can still be ordered remanded under s. 527(5) and be denied bail after a bail hearing. The accused may also be made to go to a show cause hearing under s. 515 in these circumstances.
- Difference from Section 515
The procedure in s. 527 is not one where the prisoner is ordered remand. Rather once the 527 order is completed, the prisoner is required to be returned to custody under s. 527(9).
Orders under s. 527 are not part of the judicial interrim release scheme.
- Exempt From Provisions of Part XXII of the Code
The provisions of s. 527 take precedent over any of the provisions within Part XXII (s. 697 to 715.2) of the Code.
- No Transport Orders Relating to Persons Serving Sentencing
Where a suspect is serving a sentence in a correctional facility, the superior court has no jurisdiction to order their transport without it relating to on-going court proceedings.
R v Katirtzogloy, 1989 CarswellOnt 1933,  OJ No 1872(*no CanLII links)
R v Goikhberg, 2014 QCCS 3891 (CanLII), QJ 8164, per Cournoyer J, at paras 21 to 41
R v Lalo, 2002 NSSC 157 (CanLII), 645 APR 250, per Robertson J, at para 66
- R v Goikhberg, 2014 QCCS 3891 (CanLII), QJ 8164, per Cournoyer J, at paras 58 to 59
- Goikhberg, ibid., at para 60
- see s. 697: "Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies. R.S., c. C-34, s. 625."
R v Dechamp, 2017 NSSC 207 (CanLII), per Duncan J