Warrant Arrests (Until December 18, 2019): Difference between revisions
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* Arrest Warrant at first instance upon charges being laid against an accused (s. 507(4) "Public Interest" warrant) | * Arrest Warrant at first instance upon charges being laid against an accused (s. 507(4) "Public Interest" warrant) | ||
* Arrest Warrant (or a "bench" warrant) for non-attendance at court (s. 512 and 597) | * Arrest Warrant (or a "bench" warrant) for non-attendance at court (s. 512 and 597) | ||
* Arrest Warrant for failing to attend the police station pursuant to the Identification of Criminals Act (s. 502) | * Arrest Warrant for failing to attend the police station pursuant to the ''Identification of Criminals Act'' (s. 502) | ||
* Arrest Warrant for breaching any terms of release (524) | * Arrest Warrant for breaching any terms of release (524) | ||
* Arrest Warrant for witnesses (s. 698 to 705) | * Arrest Warrant for witnesses (s. 698 to 705) | ||
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" | 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> | ||
{{CanLIIRP|Charles|fqmdg|2012 SKCA 34 (CanLII)|289 CCC (3d) 168}}{{perSKCA|Smith JA}}{{atL|fqmdg|9}}<br> | |||
</ref> | </ref> | ||
| Line 29: | Line 30: | ||
==Issuing Warrant for Breaches of Orders== | ==Issuing Warrant for Breaches of Orders== | ||
* [[Arrest | * [[Arrest Warrants for Accused Persons]] | ||
==Issuing Warrant for Witness== | ==Issuing Warrant for Witness== | ||
| Line 36: | Line 37: | ||
==Form of Arrest Warrants== | ==Form of Arrest Warrants== | ||
{{ | {{quotation2| | ||
; Contents of warrant to arrest | ; Contents of warrant to arrest | ||
511 | 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> | ||
{{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. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 511; | ||
| | R.S., 1985, c. 27 (1st Supp.), s. 81; | ||
{{LegHistory90s|1997, c. 18}}, s. 57. | |||
{{Annotation}} | |||
|{{CCCSec2|511}} | |||
|{{NoteUp|511|1}} | |||
}} | }} | ||
{{ | {{quotation2| | ||
511<br> | 511<br> | ||
{{removed|(1)}} | |||
; No return day | ; No return day | ||
(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. | (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> | |||
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57. | {{removed|(3) and (4)}} | ||
| | R.S., {{LegHistory80s|1985, c. C-46}}, s. 511; | ||
R.S., 1985, c. 27 (1st Supp.), s. 81; | |||
{{LegHistory90s|1997, c. 18}}, s. 57. | |||
{{Annotation}} | |||
|{{CCCSec2|511}} | |||
|{{NoteUp|511|2}} | |||
}} | }} | ||
{{ | {{quotation2| | ||
; Formalities of warrant | ; Formalities of warrant | ||
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. | 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. | R.S., c. 2(2nd Supp.), s. 5. | ||
| | {{Annotation}} | ||
|{{CCCSec2|513}} | |||
|{{NoteUp|513}} | |||
}} | }} | ||
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==Execution of Warrant== | ==Execution of Warrant== | ||
{{seealso|Entry into Place to Execute an Arrest Warrant}} | {{seealso|Entry into Place to Execute an Arrest Warrant}} | ||
{{ | {{quotation2| | ||
511 | 511<Br> | ||
{{removed|(1) and (2)}} | |||
; Discretion to postpone execution | ; 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), 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 | ; 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> | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; {{LegHistory90s|1997, c. 18}}, s. 57. | |||
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57. | |{{CCCSec2|511}} | ||
| | |{{NoteUp|511|3|4}} | ||
}} | }} | ||
{{ | {{quotation2| | ||
; Execution of warrant | ; Execution of warrant | ||
514 | 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> | ||
| Line 91: | Line 104: | ||
(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. | R.S., c. 2(2nd Supp.), s. 5.{{Annotation}} | ||
| | |{{CCCSec2|511}} | ||
|{{NoteUp|514|1|2}} | |||
}} | }} | ||
==Release After Warrant Arrest== | ==Release After Warrant Arrest== | ||
{{seealso|Release by Police|Judicial Interim Release}} | {{seealso|Release by Police on Undertaking|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> | ||
{{CanLIIRP|Parisien|gcz3m|1971 CanLII 1171 (BCCA)|3 CCC (2d) 433}}{{perBCCA|Branca JA}}{{atp|437}}<br> | |||
{{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 | e.g. {{CanLIIRPC|Gahan v A.G. Alberta|27w4g|1988 CanLII 3471 (AB QB)|, [1988] AJ No 415 (QB)}}{{perABQB|O'Leary J}} <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. | e.g. {{CanLIIR-N|Yellowhorse|, [1990] AJ No 964 (Prov.Ct.)}} | ||
</ref> | </ref> | ||
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===Arresting the Wrong Person=== | ===Arresting the Wrong Person=== | ||
{{ | {{quotation2| | ||
; Arrest of 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. | 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. | ||
| Line 137: | Line 151: | ||
<br> | <br> | ||
R.S., c. C-34, s. 28. | R.S., c. C-34, s. 28. | ||
| | |{{CCCSec2|28}} | ||
|{{NoteUp|28}} | |||
}} | }} | ||
| Line 144: | Line 159: | ||
* [[Competence and Compellability#Missing Witnesses]] | * [[Competence and Compellability#Missing Witnesses]] | ||
* [[Warrantless Arrests]] | * [[Warrantless Arrests]] | ||
Latest revision as of 13:38, 13 May 2024
| This page was last substantively updated or reviewed January 2020. (Rev. # 92819) |
General Principles
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:
- Arrest Warrant at first instance upon charges being laid against an accused (s. 507(4) "Public Interest" warrant)
- Arrest Warrant (or a "bench" warrant) for non-attendance at court (s. 512 and 597)
- Arrest Warrant for failing to attend the police station pursuant to the Identification of Criminals Act (s. 502)
- Arrest Warrant for breaching any terms of release (524)
- Arrest Warrant for witnesses (s. 698 to 705)
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."[1]
- Youth Court Justice
Any warrant issued by a youth court justice may be executed anywhere in Canada.[2]
- ↑
R v Charles, 2012 SKCA 34 (CanLII), 289 CCC (3d) 168, per Smith JA, at para 9
- ↑ 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
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]
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]
- 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]
Execution of Warrant
511
[omitted (1) and (2)]
- 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.
- 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.
- 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]
Release After Warrant Arrest
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
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]
- ↑
R v Parisien, 1971 CanLII 1171 (BCCA), 3 CCC (2d) 433, per Branca JA, at p. 437
R v Cardinal, 1985 ABCA 157 (CanLII), 21 CCC (3d) 254, per Kerans JA - ↑
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)
- ↑ 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.