Release by Police

From Canadian Criminal Law Notebook
Jump to: navigation, search

General Principles

See also: Warrantless Arrests

A peace officer[1] who arrests an accused person or a peace officer who is in charge of the detainee may release the accused under s. 497 or 498. Section 497 concerns the requirement of an arresting officer to release the accused unless it is in the public interest not to do so or there is concerns that he will not attend court. Section 498 concerns the requirement of any other peace officer, including an officer-in-charge, to release the accused on the same basis as s. 497.

In certain circumstances, an officer may simply issue a appearance notice under s. 496.

  1. see s. 2 for definition of "peace officer"

Powers of the Arresting Peace Officer

Where an accused is arrested, the peace officer may be able to

  1. release them with intention to serve them with a summons at a later time;
  2. issue an appearance notice; or
  3. detain and bring them to a justice of the peace.

A promise to appear and an undertaking to police are two forms of "police bail" provided by Part XVI of the Code.[1]

Section 497 provides the authority to a peace officer to release an accused:

Release from custody by peace officer
497. (1) 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.

Exception
(1.1)...[detention for public interest]...

Where subsection (1) does not apply
(2) 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]
...
R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble).


CCC

If the officer believes there is grounds to make a warrantless arrest under s. 495(1), after concluding that s. 495(2) does not apply, then under s. 497, the officer must release the accused "as soon as practicable" on a summons (s. 497(1)(a)) or a appearance notice (s. 497(1)(b)), if the offence for summary, hybrid or 553 offences, person, unless, under s. 497(1.1), the officer "believes, on reasonable grounds" that:

  1. either:
    1. "it is necessary in the public interest that the person be detained in custody" or
    2. "that the matter of their release from custody be dealt with under another provision of this Part"
  2. while having regard to all the circumstances including the need to:
    1. establish the identity of the person,
    2. secure or preserve evidence of or relating to the offence,
    3. prevent the continuation or repetition of the offence or the commission of another offence, or
    4. ensure the safety and security of any victim of or witness to the offence; or
  3. "that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law."

Where the officer does not release the accused then they will be brought before a judge to determine if interim release will be granted.

An appearance notice is defined in s. 493 as "a notice in Form 9 issued by a peace officer".

A summons is defined in s. 493 as "a summons in Form 6 issued by a justice or judge;"

  1. R v Oliveira, 2009 ONCA 219 (CanLII), at para 29

Eligible Offences

Issue of appearance notice by peace officer
496 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.


CCC

The offences captured by s. 496 consist of:

Exception to s. 497(1)

Under s. 497(2), these rules do not apply where the accused is arrested without a warrant for an offence in a different province (as referenced in s. 503(3)).

Also, the officer should not release if he believes that the person may fail to attend court or where the offence described in s.503(3) concerning offences outside of the jurisdiction.

503
...

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) or (b), 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, 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.


...
R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).


CCC

Powers of an "Officer in Charge"

Section 498 provides the power to an officer in charge (OIC) to decide on several manners of release.

An OIC may be able to do any of the following:

  • release the accused with the intention of serving a summons upon him at a later date;
  • release the accused with a promise to appear; or
  • release the accused on a recognizance.

The OIC recognizance is somewhat different from a recognizance from a judge. An OIC recognizance is not able to include a surety and cannot exceed $500.

Section 493 defines an "officer in charge" as "the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody;"[1]

Release from custody by officer in charge
498. (1) 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.

Exception
(1.1)...[detention for public interest]...

Where subsection (1) does not apply
(2) 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).
...
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).


CCC

Where police policy regarding domestic violence does not permit the officer from releasing the accused under s. 498, the right against arbitrary detention under s. 9 is violated.[2]


  1. see also R v Gendron (1985), 22 CCC (3d) 312
  2. R v Rashid, 2010 ONCA 591 (CanLII) - remedy was for greater custody credit (4:1 credit)

Public Interest Factors for Detention

The peace officer or officer in charge may detain for reasons set out in s. 497(1.1) and 498(1.1) which mirror each other:

497.
...
Exception
(1.1) 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.

...
R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble).


CCC

498.
...
Exception
(1.1) 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.

...
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).


CCC

The factors set out in 487(1.1) and 498(1.1) is not a closed list.[1] Other circumstances include an offender charged for impaired driving who can be held "until that individual is sober or can be picked up by a sober person".[2] There is no strict obligation to make inquiry into whether a pick up is available but a failure to make any inquiry could affect the reasonableness of the decision to hold the accused. [3]

  1. R v Donald, 2010 SKPC 123 (CanLII), at para 48
  2. Donald at para 48
    R v Pashovitz (1987), 1987 CanLII 4629 (SK CA), 59 Sask.R. 165, 59 C.R. (3d) 396 (C.A.)
    R v Sapusak, [1998] O.J. No. 4148 (QL) (Ont. C.A.)(*no link)
  3. R v Marcil, 2015 SKQB 79 (CanLII) at para 11

Deeming to Act Lawfully

495.
...
Consequences of arrest without warrant
(3) 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.


CCC

497.
...
Consequences of non-release
(3) 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).


CCC


498.
...
Consequences of non-release
(3) 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).


CCC

Section 495(3) should be construed to deny any defence for failure to comply with 495(2).[1]

notably there is no similar deeming provision in relation to the obligations under s. 503 which requires the accused to be brought to a justice.

  1. R v Adams, 1972 CanLII 867 (SK CA)

Promise to Appear or Recognizance Issued by an Officer in Charge

If the officer believes there is grounds to make a warrantless arrest under s. 495(1), after concluding that s. 495(2) does not apply, and, the officer does not release on an appearance notice or summons under s. 497, then, the officer in charge must release under s. 498 on a summons, a promise to appear or recognizance (without surety) once there is no further reason to detain the accused, if the offence for summary, hybrid or 553 offences[1], or any offence with a maximum penalty of five year jail and is not currently subject to a release process. That is, unless, under s. 498(1.1), the officer in charge "believes, on reasonable grounds" that:

  1. either:
    1. "it is necessary in the public interest that the person be detained in custody" or
    2. "that the matter of their release from custody be dealt with under another provision of this Part"
  2. while having regard to all the circumstances including the need to:
    1. establish the identity of the person,
    2. secure or preserve evidence of or relating to the offence,
    3. prevent the continuation or repetition of the offence or the commission of another offence, or
    4. ensure the safety and security of any victim of or witness to the offence; or
  3. "that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law."

A promise to appear is defined in s. 493 as requiring Form 10. It shall include the accused's name, the substance of the offence, a demand to attend court at a stated time and place.([s. 501(1))

Under s. 503(2.1), any promise to appear or recognizance can be made to include conditions, including:

  • to remain within a territorial jurisdiction,
  • to notify the officer of any change of address, employment, or occupation,
  • to abstain from communicating directly or indirectly with certain individuals,
  • to abstain from attending certain locations,
  • to deposit their passport,
  • to abstain from possessing any firearm and to surrender any firearms licenses,
  • to report at certain times to the police,
  • to abstain from the consumption of alcohol or other intoxicating substances,
  • to abstain from the consumption of drugs except in accordance with a medical prescription, and
  • to comply with any other condition the officer in charge considers necessary to ensure the safety and security of any victim or witness.

The PTA is intended to "secure the initial attendance of the accused in court". After that, the PTA becomes "largely irrelevant".[2]

Any fault in the PTA or process does not invalidate the charges.[3]

Conditions on an undertaking to an officer in charge are intended to "protect the public by providing some measure of control over an accused's conduct while the criminal proceedings are extant." Accordingly, the "life of the undertaking should be tied to the life of the charges".[4]

The "life of an undertaking is tied to the life of the charges giving rise to the undertaking" but not the promise to appear or recognizance.[5]

The conditions remain in place until conclusion of the charges associated with the undertaking.[6]

  1. for 553 offences, see Election#Absolute_and_Exclusive_Jurisdiction
  2. R v Oliveira, 2009 ONCA 219 (CanLII), at para 30
  3. Oliveira at para 30
  4. Oliveria at para 31 and 32
  5. R v Roy, 2014 SKQB 408 (CanLII), at para 24
  6. see s. 523(1)(b)
    Oliveria at para 31

Undertaking to an Officer in Charge

If an officer has grounds to make a warrantless arrest under s. 495 and the accused is not released under s. 497 or 498, then there is a general discretion under s. 503(2) to release the accused from custody "conditionally" by either a promise to appear or recognizance for any offences except 496 offences.[1] Under s. 503(2.1), the officer may further require the accused to enter into an undertaking, which can have one or more of the following conditions:

  • to remain within a territorial jurisdiction,
  • to notify the officer of any change of address, employment, or occupation,
  • to abstain from communicating directly or indirectly with certain individuals,
  • to abstain from attending certain locations,
  • to deposit their passport,
  • to abstain from possessing any firearm and to surrender any firearms licenses,
  • to report at certain times to the police,
  • to abstain from the consumption of alcohol or other intoxicating substances,
  • to abstain from the consumption of drugs except in accordance with a medical prescription, and
  • to comply with any other condition the officer in charge considers necessary to ensure the safety and security of any victim or witness.

Failure to comply with the undertaking is a criminal offence.

The form of the undertaking should conform to Form 11.1 of the Criminal Code.

  1. Some ambiguity exists in the meaning of s. 503(2), see Trotter, The Law of Bail In Canada (1992), at p. 59

Varying Conditions

Conditions in place from an undertaking to an officer in charge can be modified at any point under s. 499(3) and 497(1.1), as well as 503(2.2) for the Defence and 503(2.3) for the Crown. The variation does not need the consent of the Crown.

503.
...
Application to justice
(2.2) A person who has entered into an undertaking under subsection (2.1) 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.
Application by prosecutor
(2.3) Where a person has entered into an undertaking under subsection (2.1), 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. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).


CCC

Timing of Release ("As soon as practicable")

See also Right Against Arbitrary Detention

Under both s. 497 and 498, a peace officer or officer in charge must release a suspect "as soon as practicable".

If the suspect is being held for court, s. 503 requires that police bring him to court "without unreasonable delay".

Post-arrest detention is permissible under the exceptions listed in s. 497(1.1)(a) and s. 498(1.1)(a). This includes detention for the purpose of "securing" evidence including obtaining a statement from the accused.[1]

Fsilure to comply with the duty in s. 503 to bring the accused as soon as practicable to the justice can be factor in determining voluntariness of a statement.[2]

  1. R v Viszlai, 2012 BCCA 442 (CanLII) at para 61, 62
  2. R v Koszalup, (1974), 27 CRNS 226(*no link) at 236

Timing of Laying an Information ("As soon as practicable")

See also: Laying of an Information and Issuing Process

Once an accused is released, the officer is required under s. 505 to lay an information "as soon as practicable":

Time within which information to be laid in certain cases
505. 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.


CCC

Attendance from Release

If an accused is released by summons, appearance notice, promise to appear, recognizance, or undertaking, as discussed above, and the accused fails to attend on the date specified, the justice may issue a warrant under s. 502 for the arrest of the accused. The warrant may be "endorsed" pursuant to s. 507(6) otherwise the warrant will be considered "unendorsed".

If the accused attends before the justice, at which point the information will have been laid, the judge will either confirm the "process" (that is, the release mechanism used to compel attendance) or else will cancel it under s. 508.

Duration of Conditions

Period for which appearance notice, etc., continues in force
523. (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into,

(a) where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or
(b) in any other case,
(i) until his trial is completed, and
(ii) where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

...
R.S., 1985, c. C-46, s. 523; R.S., 1985, c. 27 (1st Supp.), s. 89; 2011, c. 16, s. 2.


CCC

Duty Upon Deciding to Detain

See also: Bail

Section 503(1) requires that once the accused is detained without release they are to bring the accused before a justice:

Taking before justice
503. (1) A peace officer who arrests a person with or without warrant or to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act shall cause the person to be detained in custody and, in accordance with the following provisions, to be taken before a justice to be dealt with according to law:

(a) where a justice is available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period, and
(b) where a justice is not available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice as soon as possible,

...
R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).


CCC


This duty reflects the English common law duties upon arrest. [1]

  1. see John Lewis v Tims, [1952] 1 All ER 1203 (H.L.) reviewing common law

Release for an Offence Committed Outside of the Province

503.
...
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) or (b), 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, 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.

...


CCC

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

  1. eg see R v Marshall (1984), 13 CCC (3d) 73(*no link)

Compelling Attendance for Identification

Powers to Release on Warrant Arrest

See also: Warrant Arrests

Endorsed Warrant

Under s. 499(1), where the warrant for arrest was endorsed for release pursuant to s. 507(6) and the offence is not a 469 offence, the officer may do any of the following:

  1. "release the person on the person's giving a promise to appear";
  2. "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
  3. 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.

The officer may also impose conditions specified in s. 499(2):

499
...
Additional conditions
(2) 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.

...


CCC

Unendorsed Warrant

Under s. 503, an officer arresting someone on a warrant may either detain them in custody to be brought to a justice within 24 hours or, release the person "conditionally" on a promise to appear or recognizance.