View source for Compelling Attendance by Accused Without Arrest

{{HeaderRelease}}
==General Principles==
An accused can be compelled to attend court without arrest by means of either an appearance notice or a summons.

==Appearance Notice==
Section 497 concerns the issuing of an appearance notice without arrest:
{{quotation2|
; Issue of appearance notice by peace officer
497 If, by virtue of subsection 495(2) {{AnnSec4|495(2)}}, a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
:(a) an indictable offence mentioned in section 553 {{AnnSec5|553}};
:(b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or
:(c) an offence punishable on summary conviction.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 497;
{{LegHistory90s|1999, c. 25}}, s. 3(Preamble); 
{{LegHistory10s|2019, c. 25}}, s. 212.
{{Annotation}}
|[{{CCCSec|497}} CCC]
|{{NoteUp|497}}
}}

Where an officer provides an appearance notice, the notice must be confirmed under s. 505 and 508.

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

If an accused refuses to sign an appearance notice, that is not a reason to detain. The signature "merely permits the appearance notice to be confirmed by a justice of the peace". Without it the officer would need to adduce proof of service.<ref>
{{CanLIIRP|Farncombe|g7sp8|1984 CanLII 2626 (SKQB)|1984 CarswellSask 368, 12 W.C.B. 222, 34 Sask. R. 161, }}{{perSKQB|Matheson J}}{{atL|g7sp8|13}}<br>
</ref>

A failure of a judge to confirm an appearance notice does not remove the judge's jurisdiction over the matter. The defect can be cured by the accused's attendance.<ref>
{{CanLIIRPC|Re Ridgely|htxmn|1978 CanLII 2471 (NL SC)|, 42 CCC (2d) 291}}{{perNLSC|Mifflin CJ}} - Mandamus was used to compel the judge to require attendance
</ref>

Appearance notices can be issued after arrest under s. 497 or 498.

{{reflist|2}}

===Appearance Notice for Breach of Conditions===

{{quotation2|
; Appearance notice for judicial referral hearing
496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1 {{AnnSec5|523.1}}.

R.S., c. C-34, s. 451;
R.S., c. 2(2nd Supp.), s. 5;
{{LegHistory10s|2019, c. 25}}, s. 212.
{{Annotation}}
|[{{CCCSec|496}} CCC]
|{{NoteUp|496}}
}}

{{reflist|2}}

===Contents of Appearance Notice===

{{quotation2|
; Contents of appearance notice
500 (1) An appearance notice shall
:(a) set out the name, date of birth and contact information of the accused;
:(b) set out the substance of the offence that the accused is alleged to have committed;
:(c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and
:(d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 {{AnnSec5|523.1}} for a failure under section 496 {{AnnSec4|496}}.

; Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) {{AnnSec1|145(3)}} and (6) {{AnnSec1|145(6)}}, section 512.2 {{AnnSec5|512.2}} and subsection 524(4) {{AnnSec5|524(4)}} and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1 {{AnnSec5|523.1}}.

; Attendance for purposes of ''Identification of Criminals Act''
(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the ''Identification of Criminals Act'', if 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.

; Signature of accused
(4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

{{LegHistory10s|2019, c. 25}}, s. 215.
{{Annotation}}
|[{{CCCSec|500}} CCC]
|{{NoteUp|500|1|2|3|4}}
}}

==Issuing a Summons Without Arrest==
{{seealso|Issuing Process|Accused Arrest Warrants for Failing to Attend Court}}

A summons can be issued under s. 493, 508 or 512.

; Summons vs Arrest and Release
A summons has no connection to the powers of arrest or judicial release. The subject is simply compelled to attend court and nothing more.<ref>
{{CanLIIR|Goikhberg|g8k1s|2014 QCCS 3891 (CanLII)}}{{perQCCS|Cournoyer J}}{{atsL|g8k1s|50| to 57}}, {{atsL-np|g8k1s|85|}}<br>
</ref>

===Content of Summons===
{{quotation2|
; Summons
509 (1) A summons issued under this Part {{AnnSec|Part XVI}} 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.

; Service on individual
(2) 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.
<br>(3) [Repealed, {{LegHistory00s|2008, c. 18}}, s. 17]

; Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3) {{AnnSec1|145(3)}}, section 512.1 {{AnnSec5|512.1}} and subsection 524(4) {{AnnSec5|524(4)}}.

; Attendance for purposes of ''Identification of Criminals Act''
(5) 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.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 509; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 80; 
{{LegHistory90s|1992, c. 47}}, s. 71; 
{{LegHistory90s|1996, c. 7}}, s. 38; 
{{LegHistory00s|2008, c. 18}}, s. 17;
{{LegHistory10s|2019, c. 25}}, s. 221.
{{Annotation}}
|[{{CCCSec|509}} CCC]
|{{NoteUp|509|1|2|3|4|5}}
}}

; Fingerprinting
A summons for the purpose of attending for fingerprinting is only permitted when there is a concurrent order to attend court relating to charges.<ref>
{{CanLIIRP|Michelsen|g9j4p|1983 CanLII 3564 (MB QB)| (1983), 4 CCC (3d) 371, 33 CR (3d) 285 (Man. Q.B.)}}{{perMBQB|Scollin J}}<br>
</ref>

; Procedure
A person who is to be summons should be given a notice under Form 6 of the Code.<ref>
{{supra1|Goikhberg}}{{atL|g8k1s|54}}<br>
</ref>

{{reflist|2}}

==See Also==
* [[Compelling Attendance by Accused Without Arrest (Until December 18, 2019)]]
* [[Release by Police on Undertaking]]