Warrant Arrests: Difference between revisions

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A warrant is one among several means of securing a person's attendance at court, usually it is the accused. There are several sections of the Code that address arrest warrant powers depending on the circumstances.
A warrant is one among several means of securing a person's attendance at court, usually it is the accused. There are several sections of the Code that address arrest warrant powers depending on the circumstances.


There are:
{{quotation2|
* Arrest Warrant at first instance upon charges being laid against an accused (s. 507(4) "Public Interest" warrant)
; Release from custody — arrest with warrant
* Arrest Warrant (or a "bench" warrant) for non-attendance at court (s. 512 and 597)
499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 {{AnnSec4|469}} and the warrant has been endorsed by a justice under subsection 507(6) {{AnnSec5|507(6)}}, a peace officer may release the person, if
* Arrest Warrant for failing to attend the police station pursuant to the Identification of Criminals Act (s. 502)
:(a) the peace officer issues an appearance notice to the person; or
* Arrest Warrant for breaching any terms of release (524)
:(b) the person gives an undertaking to the peace officer.
* Arrest Warrant for witnesses (s. 698 to 705)
R.S., 1985, c. C-46, s. 499;
An arrest warrant in a general sense authorizes a peace officer to 1) arrest the named person and to 2) bring them "before a judge in the territorial division in which the warrant issued".<ref>
R.S., 1985, c. 27 (1st Supp.), s. 186;
R v Charles, [http://canlii.ca/t/fqmdg 2012 SKCA 34] (CanLII), at para 9<br>
1994, c. 44, s. 40;
</ref>
1997, c. 18, s. 53;
1999, c. 25, s. 5(Preamble);
{{LegHistory10s|2019, c. 25}}, s. 214.
{{Annotation}}
|{{CCCSec2|499}}
|{{NoteUp|499}}
}}
{{C75-fix}}


'''Youth Court Justice'''<Br>
; Youth Court Justice
Any warrant issued by a youth court justice may be executed anywhere in Canada.<ref>
Any warrant issued by a youth court justice may be executed anywhere in Canada.<ref>
see s. 145 YCJA: "145 A warrant issued by a youth justice court may be executed anywhere in Canada."
see s. 145 YCJA: "145 A warrant issued by a youth justice court may be executed anywhere in Canada."
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{{Reflist|2}}
{{Reflist|2}}


==Arresting the Accused at First Instance and Issuing Process==
==Issuing Warrant for an Accused at First Instance and Issuing Process==
{{seealso|Laying of an Information}}
{{seealso|Laying of an Information|Issuing Process}}


* [[Issuing Process]]
==Issuing Warrant for an Accused After They Failed to Attend Court==
* [[Accused Arrest Warrants for Failing to Attend Court]]


==Arresting the Accused After They Failed to Attend Court==
==Issuing Warrant for Breaches of Orders==
* [[Accused Arrest Warrants for Failing to Attend Court]]
* [[Arrest Warrants for Accused Persons]]


==Arrest Warrant for Breaches of Orders==
==Issuing Warrant for Witness==
* [[Arrest Warrant for Breach of Court Orders]]
* [[Arrest Warrants for Witnesses]]


==Form of Arrest Warrants==
==Form of Arrest Warrants==


{{quotation|
{{quotation2|
'''Contents of warrant to arrest'''<br>
; Contents of warrant to arrest
511. (1) A warrant issued under this Part [PART XVI (s. 493 to 529.5)]  shall
511 (1) A warrant issued under this Part {{AnnSec|Part XVI}} shall
:(a) name or describe the accused;
:(a) name or describe the accused;
:(b) set out briefly the offence in respect of which the accused is charged; and
:(b) set out briefly the offence in respect of which the accused is charged; and
:(c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.<br>
:(c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.<br>
...<br>
{{removed|(2), (3) and (4)}}
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.<Br>{{Annotation}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 511;  
|[http://canlii.ca/t/7vf2#sec511 CCC]
R.S., 1985, c. 27 (1st Supp.), s. 81;  
{{LegHistory90s|1997, c. 18}}, s. 57.
{{Annotation}}
|{{CCCSec2|511}}
|{{NoteUp|511|1}}
}}
}}


 
{{quotation2|
{{quotation|
511<br>
511<br>...<br>
{{removed|(1)}}
'''No return day'''<br>
; No return day
(2) A warrant issued under this Part [''Part XVI: Compelling Appearance of an Accused Before a Justice and Interim Release, s. 493 to 529.5''] remains in force until it is executed and need not be made returnable at any particular time.
(2) A warrant issued under this Part {{AnnSec|Part XVI}} remains in force until it is executed and need not be made returnable at any particular time.<Br>
<Br>...<br>
{{removed|(3) and (4))}}
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.<Br>{{Annotation}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 511;  
|[http://canlii.ca/t/7vf2#sec511 CCC]
R.S., 1985, c. 27 (1st Supp.), s. 81;  
{{LegHistory90s|1997, c. 18}}, s. 57.
{{Annotation}}
|{{CCCSec2|511}}
|{{NoteUp|511|2}}
}}
}}


{{quotation|
{{quotation2|
'''Formalities of warrant'''<br>
; Formalities of warrant
513. A warrant in accordance with this Part [''Part XVI: Compelling Appearance of an Accused Before a Justice and Interim Release, s. 493 to 529.5''] shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.
513 A warrant in accordance with this Part {{AnnSec|Part XVI}} shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.
<br>
<br>
R.S., c. 2(2nd Supp.), s. 5.<Br>{{Annotation}}
R.S., c. 2(2nd Supp.), s. 5.{{Annotation}}
|[http://canlii.ca/t/7vf2#sec513 CCC]
|{{CCCSec2|513}}
|{{NoteUp|513}}
}}
}}


{{reflist|2}}
{{reflist|2}}


==Execution of Warrant==
==Execution of Arrest Warrant==
{{seealso|Entry into Place to Execute an Arrest Warrant}}
{{seealso|Execution of Search Warrants|Entry into Place to Execute an Arrest Warrant}}
{{quotation|
{{quotation2|
511.
511<Br>
...<br>
{{removed|(1) and (2)}}
'''Discretion to postpone execution'''<br>
; Discretion to postpone execution
(3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
(3) Notwithstanding paragraph (1)(c) {{AnnSec5|511(1)(c)}}, a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
<br>
<br>
'''Deemed execution of warrant'''<br>
; Deemed execution of warrant
(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.<Br>
...<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 511;  
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
R.S., 1985, c. 27 (1st Supp.), s. 81;  
|[http://canlii.ca/t/7vf2#sec511 CCC]
{{LegHistory90s|1997, c. 18}}, s. 57.
{{Annotation}}
|{{CCCSec2|511}}
|{{NoteUp|511|3|4}}
}}
}}


{{quotation|
{{quotation2|
'''Execution of warrant'''<br>
; Execution of warrant
514. (1) A warrant in accordance with this Part [''PART XVI Compelling Appearance of Accused Before a Justice and Interim Release, s. 493 to 529.5''] may be executed by arresting the accused
514 (1) A warrant in accordance with this Part {{AnnSec|Part XVI}} may be executed by arresting the accused
:(a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
:(a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
:(b) wherever he is found in Canada, in the case of fresh pursuit.<br>
:(b) wherever he is found in Canada, in the case of fresh pursuit.<br>


'''By whom warrant may be executed'''<br>
; By whom warrant may be executed
(2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.<br>
(2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.<br>
<br>
<br>
R.S., c. 2(2nd Supp.), s. 5.<Br>{{Annotation}}
R.S., c. 2(2nd Supp.), s. 5.
|[http://canlii.ca/t/7vf2#sec511 CCC]
{{Annotation}}
|{{CCCSec2|514}}
|{{NoteUp|514|1|2}}
}}
}}
==Witness Warrants==
* [[Arrest Warrants for Witnesses]]


==Release After Warrant Arrest==
==Release After Warrant Arrest==
{{seealso|Release by Police}}
{{seealso|Release by Police|Judicial Interim Release}}
Where an accused is arrested under a warrant the officer will not normally have discretion to release the accused before delivering the accused before a justice or judge. An exception exists under s. 503(3) where the warrant is "endorsed" for release.
Where an accused is arrested under a warrant the officer will not normally have discretion to release the accused before delivering the accused before a justice or judge. An exception exists under s. 503(3) where the warrant is "endorsed" for release.


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The practice of waiting to execute an arrest warrant until the accused has finished serving a previous sentence is considered inappropriate.<Ref>
The practice of waiting to execute an arrest warrant until the accused has finished serving a previous sentence is considered inappropriate.<Ref>
R v Parisien (1971) 3 CCC (2d) 433 {{NOCANLII}} at p. 437 per Fauteux<br>
{{CanLIIRP|Parisien|gcz3m|1971 CanLII 1171 (BCCA)| (1971) 3 CCC (2d) 433}}{{perBCCA|Branca JA}}{{atp|437}}<br>
R v Cardinal, [http://canlii.ca/t/2dgrx 1985 ABCA 157] (CanLII)
{{CanLIIRP|Cardinal|2dgrx|1985 ABCA 157 (CanLII)|21 CCC (3d) 254}}{{perABCA|Kerans JA}}
</ref>
</ref>


Where the accused is easily locatable within the province, with no change of name, listed address, and no efforts to conceal his location, will lean to the side of unacceptable delay.<Ref>
Where the accused is easily locatable within the province, with no change of name, listed address, and no efforts to conceal his location, will lean to the side of unacceptable delay.<Ref>
e.g. Gahan v A.G. Alberta, [http://canlii.ca/t/27w4g 1988 CanLII 3471] (AB QB), [1988] A.J. No. 415 (QB) <br>
e.g. {{CanLIIRPC|Gahan v A.G. Alberta|27w4g|1988 CanLII 3471 (AB QB)|, [1988] AJ No 415 (QB)}}{{perABQB|O'Leary J}} <br>
R v Carey, [1983] BCJ No. 307 (County Ct.){{NOCANLII}} <br>
{{CanLIIR-N|Carey|, [1983] BCJ No. 307 (County Ct.)}} <br>
</ref>
</ref>


A lack of effort on the part of the police will support unreasonable delay.<ref>
A lack of effort on the part of the police will support unreasonable delay.<ref>
e.g. R v Yellowhorse, [1990] A.J. No. 964 (Prov.Ct.){{NOCANLII}}
e.g. {{CanLIIR-N|Yellowhorse|, [1990] AJ No 964 (Prov.Ct.)}}
</ref>
</ref>


{{Reflist|2}}
{{Reflist|2}}


===Arresting the Wrong Person===
===Arresting the Wrong Person===
{{quotation|
{{quotation2|
'''Arrest of wrong person'''<br>
; Arrest of wrong person
28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.
28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.
<Br>
<Br>
'''Person assisting'''<br>
; Person assisting
(2) Where a person is authorized to execute a warrant to arrest,
(2) Where a person is authorized to execute a warrant to arrest,
:(a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and
:(a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and
Line 140: Line 160:
<br>
<br>
R.S., c. C-34, s. 28.
R.S., c. C-34, s. 28.
|[{{CCCSec|28}} CCC]
|{{CCCSec2|28}}
|{{NoteUp|28|1|2}}
}}
 
===Arrest Warrant for SOIRA Order Breach===
{{seealso|SOIRA Orders}}
 
{{quotation2|
; Warrant to arrest
490.‍03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.‍1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.‍4 authorizing a peace officer to arrest the person and, despite section 7.‍1 of that Act, bring them to any registration centre to remedy the contravention.
 
; Conditions
(2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.
 
; Execution of warrant
(3) The warrant may be executed anywhere in Canada.
 
; Warrant in force
(4) The warrant remains in force until it is executed, until a charge under section 490.‍031 is laid in respect of the contravention or until the person has remedied the contravention.
 
; No charge
(5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.‍1 of that Act that is remedied by the person after the warrant is issued.
{{LegHistory20s|2023, c. 28}}, s. 31.
|{{CCCSec2|490.03121}}
|
}}
}}


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* [[Competence and Compellability#Missing Witnesses]]
* [[Competence and Compellability#Missing Witnesses]]
* [[Warrantless Arrests]]
* [[Warrantless Arrests]]
* [[Warrant Arrests (Until December 18, 2019)]]
* [[Out of Province Arrest Warrants]]

Latest revision as of 14:40, 14 July 2024

This page was last substantively updated or reviewed January 2020. (Rev. # 95523)

General Principles

See also: Arrest Procedure

A warrant is one among several means of securing a person's attendance at court, usually it is the accused. There are several sections of the Code that address arrest warrant powers depending on the circumstances.

Release from custody — arrest with warrant

499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 [exclusive jurisdiction offences] and the warrant has been endorsed by a justice under subsection 507(6) [endorsement of warrant by justice], a peace officer may release the person, if

(a) the peace officer issues an appearance notice to the person; or
(b) the person gives an undertaking to the peace officer.

R.S., 1985, c. C-46, s. 499; R.S., 1985, c. 27 (1st Supp.), s. 186; 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5(Preamble); 2019, c. 25, s. 214.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 499

This provision came into force on December 18, 2019.

Youth Court Justice

Any warrant issued by a youth court justice may be executed anywhere in Canada.[1]

  1. ↑ see s. 145 YCJA: "145 A warrant issued by a youth justice court may be executed anywhere in Canada."

Issuing Warrant for an Accused at First Instance and Issuing Process

See also: Laying of an Information and Issuing Process

Issuing Warrant for an Accused After They Failed to Attend Court

Issuing Warrant for Breaches of Orders

Issuing Warrant for Witness

Form of Arrest Warrants

Contents of warrant to arrest

511 (1) A warrant issued under this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] shall

(a) name or describe the accused;
(b) set out briefly the offence in respect of which the accused is charged; and
(c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.

[omitted (2), (3) and (4)]
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 511(1)

511
[omitted (1)]

No return day

(2) A warrant issued under this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] remains in force until it is executed and need not be made returnable at any particular time.
[omitted (3) and (4))]
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 511(2)

Formalities of warrant

513 A warrant in accordance with this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.
R.S., c. 2(2nd Supp.), s. 5.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 513

Execution of Arrest Warrant

See also: Execution of Search Warrants and Entry into Place to Execute an Arrest Warrant

511
[omitted (1) and (2)]

Discretion to postpone execution

(3) Notwithstanding paragraph (1)(c) [contents of arrest warrant – arrest and delivery before judge or justice], a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.

Deemed execution of warrant

(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 511(3) and (4)

Execution of warrant

514 (1) A warrant in accordance with this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)] may be executed by arresting the accused

(a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
(b) wherever he is found in Canada, in the case of fresh pursuit.
By whom warrant may be executed

(2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.

R.S., c. 2(2nd Supp.), s. 5.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 514(1) and (2)

Release After Warrant Arrest

See also: Release by Police and Judicial Interim Release

Where an accused is arrested under a warrant the officer will not normally have discretion to release the accused before delivering the accused before a justice or judge. An exception exists under s. 503(3) where the warrant is "endorsed" for release.

Special Issues

Outside Native Jurisdiction

Delayed Arrests

See also: Right to a Trial Within a Reasonable Time

The practice of waiting to execute an arrest warrant until the accused has finished serving a previous sentence is considered inappropriate.[1]

Where the accused is easily locatable within the province, with no change of name, listed address, and no efforts to conceal his location, will lean to the side of unacceptable delay.[2]

A lack of effort on the part of the police will support unreasonable delay.[3]

  1. ↑ R v Parisien, 1971 CanLII 1171 (BCCA), (1971) 3 CCC (2d) 433, per Branca JA, at p. 437
    R v Cardinal, 1985 ABCA 157 (CanLII), 21 CCC (3d) 254, per Kerans JA
  2. ↑ e.g. Gahan v A.G. Alberta, 1988 CanLII 3471 (AB QB), , [1988] AJ No 415 (QB), per O'Leary J
    R v Carey, [1983] BCJ No. 307 (County Ct.)(*no CanLII links)
  3. ↑ e.g. R v Yellowhorse, [1990] AJ No 964 (Prov.Ct.)(*no CanLII links)

Arresting the Wrong Person

Arrest of wrong person

28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

Person assisting

(2) Where a person is authorized to execute a warrant to arrest,

(a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and
(b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.
R.S., c. C-34, s. 28.

– CCC (CanLII), (DOJ)

Note up: 28(1) and (2)

Arrest Warrant for SOIRA Order Breach

See also: SOIRA Orders
Warrant to arrest

490.‍03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.‍1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.‍4 authorizing a peace officer to arrest the person and, despite section 7.‍1 of that Act, bring them to any registration centre to remedy the contravention.

Conditions

(2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.

Execution of warrant

(3) The warrant may be executed anywhere in Canada.

Warrant in force

(4) The warrant remains in force until it is executed, until a charge under section 490.‍031 is laid in respect of the contravention or until the person has remedied the contravention.

No charge

(5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.‍1 of that Act that is remedied by the person after the warrant is issued. 2023, c. 28, s. 31.

– CCC (CanLII), (DOJ)

See Also

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