Criminal Code Forms (Form 31 to 54): Difference between revisions
(18 intermediate revisions by the same user not shown) | |||
Line 1: | Line 1: | ||
{{ | {{Seealso|Criminal Code Forms|Criminal Code Forms (Form 1 to 5.3)|Criminal Code Forms (Form 6 to 30)}} | ||
==Form 31 - Deposition of a Witness== | ==Form 31 - Deposition of a Witness== | ||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
Line 27: | Line 27: | ||
|- | |- | ||
| | | | ||
{{ | {{FormHeader1|FORM 32 | ||
| (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832) | |||
| Recognizance | |||
}} | |||
1 Identification | 1 Identification | ||
Line 134: | Line 133: | ||
::– deposits all their passports as the judge, provincial court judge or justice directs. | ::– deposits all their passports as the judge, provincial court judge or justice directs. | ||
R.S., 1985, c. C-46, Form 32; | |||
R.S., 1985, c. 27 (1st Supp.), ss. 101, 184, 203 c. 42 (4th Supp.), s. 7; | |||
{{LegHistory90s|1993, c. 45}}, ss. 13, 14; | |||
{{LegHistory90s|1999, c. 25}}, s. 27; | |||
{{LegHistory10s|2019, c. 25}}, s. 348. | |||
|} | |} | ||
==Form 33 - Certificate of Default to Be Endorsed== | |||
==Form 33 - Certificate of Default to | |||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
Line 144: | Line 146: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 33 | |||
| (Section 770) | |||
| Certificate of Default to Be Endorsed | |||
}} | |||
It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be). | |||
The nature of the default is | The nature of the default is blank line and the reason for the default is blank line (state reason if known). | ||
The names and addresses of the principal and sureties are as follows: | The names and addresses of the principal and sureties are as follows: | ||
Dated | Dated (date)blank line, at blank line(place). | ||
blank line | |||
(Signature of | (Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person) | ||
(Seal, if required) | (Seal, if required) | ||
R.S., {{LegHistory80s|1985, c. C-46}}, Form 33; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203; {{LegHistory90s|1994, c. 44}}, s. 84. | R.S., {{LegHistory80s|1985, c. C-46}}, Form 33; | ||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203; | |||
{{LegHistory90s|1994, c. 44}}, s. 84; | |||
{{LegHistory10s|2019, c. 25}}, s. 349. | |||
|} | |} | ||
Line 170: | Line 174: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 34 | |||
| (Section 771) | |||
| Writ of Fieri Facias | |||
}} | |||
; Elizabeth II by the Grace of God, etc. | ; Elizabeth II by the Grace of God, etc. | ||
Line 197: | Line 201: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 34.1 | |||
| (Subsection 737.1(4)) | |||
| Statement on Restitution | |||
}} | |||
To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act. | To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act. | ||
Line 260: | Line 260: | ||
|- | |- | ||
| | | | ||
{{ | {{FormHeader1|FORM 34.2 | ||
| (Subsection 722(4)) | |||
| Victim Impact Statement | |||
}} | |||
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space. | This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space. | ||
Your statement must not include | Your statement must not include | ||
* | * any statement about the offence or the offender that is not relevant to the harm or loss you suffered; | ||
* | * any unproven allegations; | ||
* | * any comments about any offence for which the offender was not convicted; | ||
* | * any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or | ||
* | * except with the court’s approval, an opinion or recommendation about the sentence. | ||
You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information. | You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information. | ||
; Emotional impact | ; Emotional impact | ||
Describe how the offence has affected you emotionally. For example, think of | Describe how the offence has affected you emotionally. For example, think of | ||
* your lifestyle and activities; | |||
* your relationships with others such as your spouse, family and friends; | |||
* your ability to work, attend school or study; and | |||
* your feelings, emotions and reactions as they relate to the offence. | |||
; Physical impact | ; Physical impact | ||
Describe how the offence has affected you physically. For example, think of | Describe how the offence has affected you physically. For example, think of | ||
* | * ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; | ||
* | * hospitalization or surgery you have had because of the offence; | ||
* | * treatment, physiotherapy or medication you have been prescribed; | ||
* | * the need for any further treatment or the expectation that you will receive further treatment; and | ||
* | * any permanent or long-term disability. | ||
; Economic impact | ; Economic impact | ||
Describe how the offence has affected you financially. For example, think of | Describe how the offence has affected you financially. For example, think of | ||
* the value of any property that was lost or damaged and the cost of repairs or replacement; | * the value of any property that was lost or damaged and the cost of repairs or replacement; | ||
* | * any financial loss due to missed time from work; | ||
* the cost of any medical expenses, therapy or counselling; | * the cost of any medical expenses, therapy or counselling; | ||
* any costs or losses that are not covered by insurance. | * any costs or losses that are not covered by insurance. | ||
Line 319: | Line 302: | ||
Please note that this is not an application for compensation or restitution. | Please note that this is not an application for compensation or restitution. | ||
; Fears for security | ; Fears for security | ||
Describe any fears you have for your security or that of your family and friends. For example, think of | Describe any fears you have for your security or that of your family and friends. For example, think of | ||
* | * concerns with respect to contact with the offender; and | ||
* concerns with respect to contact between the offender and members of your family or close friends. | * concerns with respect to contact between the offender and members of your family or close friends. | ||
;Drawing, poem or letter | |||
; Drawing, poem or letter | |||
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you. | You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you. | ||
{{box}} I would like to present my statement in court. | |||
{{box}} I would like to receive information respecting the sentence imposed on the offender and its administration. | |||
To the best of my knowledge, the information contained in this statement is true. | To the best of my knowledge, the information contained in this statement is true. | ||
Line 362: | Line 322: | ||
If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim. | If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim. | ||
Dated this ____________ day of ____________ 20____________, at ____________ . | Dated this ____________ day of ____________ 20____________, at ____________ . | ||
Line 371: | Line 327: | ||
Signature of declarant | Signature of declarant | ||
{{LegHistory10s|2015, c. 13}}, s. 35. | {{LegHistory10s|2015, c. 13}}, s. 35; | ||
{{LegHistory10s|2023, c. 28}}, s. 37. | |||
|} | |} | ||
Line 379: | Line 336: | ||
|- | |- | ||
| | | | ||
{{ | {{FormHeader1|FORM 34.3 | ||
| (Subsection 722.2(2)) | |||
| Community Impact Statement | |||
}} | |||
This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space. | This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space. | ||
Line 497: | Line 453: | ||
|- | |- | ||
| | | | ||
{{FormHeader1|FORM 35 | |||
|(Sections 570 and 806) | |||
|Conviction | |||
}} | |||
Be it remembered that on the ____________ day of ____________ at ____________, A.B., (date of birth) hereinafter called the accused, was tried under Part (XIX or XXVII) of the Criminal Code on the charge that (state fully the offence of which accused was convicted), was convicted of the said offence and the following punishment was imposed on him, namely,* | Be it remembered that on the ____________ day of ____________ at ____________, A.B., (date of birth) hereinafter called the accused, was tried under Part (XIX or XXVII) of the Criminal Code on the charge that (state fully the offence of which accused was convicted), was convicted of the said offence and the following punishment was imposed on him, namely,* | ||
Line 527: | Line 479: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 36 | |||
| (Sections 570 and 806) | |||
| Order Against an Offender | |||
}} | |||
Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________, A.B., (date of birth) of ____________, was tried on an information (indictment) alleging that (set out matter of complaint or alleged offence), and it was ordered and adjudged that (set out the order made). | Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________, A.B., (date of birth) of ____________, was tried on an information (indictment) alleging that (set out matter of complaint or alleged offence), and it was ordered and adjudged that (set out the order made). | ||
Line 550: | Line 498: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 37 | |||
|(Section 570) | |||
|Order Acquitting Accused | |||
}} | |||
Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________ A.B., of ____________, (occupation), (date of birth) was tried on the charge that (state fully the offence of which accused was acquitted) and was found not guilty of the said offence. | Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________ A.B., of ____________, (occupation), (date of birth) was tried on the charge that (state fully the offence of which accused was acquitted) and was found not guilty of the said offence. | ||
Line 571: | Line 515: | ||
==Form 38 - Conviction for Contempt== | ==Form 38 - Conviction for Contempt== | ||
{{seealso|Contempt of Court (Offence)}} | |||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | | | ||
{{FormHeader1|FORM 38 | |||
|(Section 708) | |||
| Conviction for Contempt | |||
}} | |||
Be it remembered that on (date)blank line, at blank line(place) in the (territorial division), E.F. of blank line, in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default; | |||
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code). | |||
Dated (date)blank line, at blank line(place). | |||
(Signature of judge, provincial court judge, justice or clerk of the court) | |||
(Seal, if required) | |||
R.S., 1985, c. C-46, Form 38; | |||
2019, c. 25, s. 350. | |||
|} | |} | ||
Line 600: | Line 543: | ||
|- | |- | ||
| | | | ||
{{FormHeader1|FORM 39 | |||
|(Sections 519 and 550) | |||
|Order for Discharge of a Person in Custody | |||
}} | |||
To the keeper of the (prison) at | To the keeper of the (prison) at blank line: | ||
You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date)blank line, if E.F. is detained by you for no other cause. | |||
(Signature of judge, justice or clerk of the court) | |||
(Seal, if required) | (Seal, if required) | ||
R.S., 1985, c. C-46, Form 39; | |||
2019, c. 25, s. 351. | |||
|} | |} | ||
Line 623: | Line 565: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 40 | |||
| (Section 629) | |||
| Challenge To Array | |||
}} | |||
<center> | <center> | ||
Line 652: | Line 590: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 41 | |||
| (Section 639) | |||
| Challenge for Cause | |||
}} | |||
<center> | <center> | ||
Line 678: | Line 612: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 42 | |||
| (Section 827) | |||
| Certificate of Non-payment of Costs of Appeal | |||
}} | |||
; In the Court of ____________ | ; In the Court of ____________ | ||
<center> | <center> | ||
Line 703: | Line 637: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 43 | |||
| (Section 744) | |||
| Jailer’s Receipt to Peace Officer for Prisoner | |||
}} | |||
I hereby certify that I have received from X.Y., a peace officer for (territorial division), one A.B., together with a (warrant or order) issued by (set out court or justice, as the case may be).* | I hereby certify that I have received from X.Y., a peace officer for (territorial division), one A.B., together with a (warrant or order) issued by (set out court or justice, as the case may be).* | ||
Line 726: | Line 659: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 44 | |||
| (Section 667) | |||
| | |||
}} | |||
I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that (name) also known as (aliases if any), FPS Number ____________, whose fingerprints are shown reproduced below (reproduction of fingerprints) or attached hereto, has been convicted, discharged under section 730 of the Criminal Code or convicted and sentenced in Canada as follows: | I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that (name) also known as (aliases if any), FPS Number ____________, whose fingerprints are shown reproduced below (reproduction of fingerprints) or attached hereto, has been convicted, discharged under section 730 of the Criminal Code or convicted and sentenced in Canada as follows: | ||
Line 746: | Line 680: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 45 | ||
| (Section 667) | |||
| | |||
}} | |||
I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that I have compared the fingerprints reproduced in or attached to exhibit A with the fingerprints reproduced in or attached to the certificate in Form 44 marked exhibit B and that they are those of the same person. | I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that I have compared the fingerprints reproduced in or attached to exhibit A with the fingerprints reproduced in or attached to the certificate in Form 44 marked exhibit B and that they are those of the same person. | ||
Line 764: | Line 699: | ||
|- | |- | ||
| | | | ||
{{FormHeader1|FORM 46 | |||
| (Section 732.1) | |||
| Probation Order | |||
}} | |||
Whereas on the ____________ day of ____________ at ____________, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be); | Whereas on the ____________ day of ____________ at ____________, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be); | ||
Line 803: | Line 734: | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 47 | |||
| (Section 462.48) | |||
| Order To Disclose Income Tax Information | |||
}} | |||
To A.B., of ____________, (office or occupation): | To A.B., of ____________, (office or occupation): | ||
Line 828: | Line 755: | ||
==Form 48 - Assessment Order of the Court== | ==Form 48 - Assessment Order of the Court== | ||
{{seealso|Assessment for Fitness and Criminal Responsibility}} | |||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 48 | ||
| (Section 672.13) | |||
| Assessment Order of the Court | |||
}} | |||
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with blank line, may be necessary to determine Footnote * | |||
::[ ] whether the accused is unfit to stand trial | |||
::[ ] whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the Criminal Code at the time of the act or omission charged against the accused | |||
::[ ] whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child | |||
::[ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused under section 672.54, 672.58 or 672.64 of the Criminal Code or whether the court should, under subsection 672.84(3) of that Act, revoke a finding that the accused is a high-risk accused | |||
::[ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the Criminal Code | |||
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of blank line days. | |||
This order is to be in force for a total of blank line days, including travelling time, during which time the accused is to remain Footnote * | |||
::[ ] in custody at (place where accused is to be detained) | |||
::[ ] out of custody, on the following conditions: | |||
: | |||
:[ ] | |||
(set out conditions, if applicable) | (set out conditions, if applicable) | ||
*Check applicable option. | Return to footnote *Check applicable option. | ||
Dated | Dated (date)blank line, at blank line(place). | ||
(Signature of justice | (Signature of judge, provincial court judge, justice or clerk of the court) | ||
{{LegHistory90s|1991, c. 43}}, s. 8; {{LegHistory90s|1995, c. 22}}, s. 10; {{LegHistory00s|2005, c. 22}}, s. 40; 2014, c. 6, s. 19. | {{LegHistory90s|1991, c. 43}}, s. 8; | ||
{{LegHistory90s|1995, c. 22}}, s. 10; | |||
{{LegHistory00s|2005, c. 22}}, s. 40; | |||
{{LegHistory10s|2014, c. 6}}, s. 19; | |||
{{LegHistory10s|2019, c. 25}}, s. 352. | |||
|} | |} | ||
Line 869: | Line 804: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 48.1 | ||
| (Section 672.13) | |||
| Assessment Order of the Review Board | |||
}} | |||
Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ____________, may be necessary to * | Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ____________, may be necessary to * | ||
Line 904: | Line 835: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 48.2 | ||
| (Subsection 672.5(14)) | |||
| Victim Impact Statement — Not Criminally Responsible | |||
}} | |||
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space. | This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space. | ||
Your statement must not include | Your statement must not include | ||
* | * any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you; | ||
* | * any unproven allegations; | ||
* | * any comments about any conduct for which the accused was not found not criminally responsible; | ||
* | * any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or | ||
* | * except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition. | ||
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information. | The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information. | ||
; Emotional impact | ; Emotional impact | ||
Describe how the accused’s conduct has affected you emotionally. For example, think of | Describe how the accused’s conduct has affected you emotionally. For example, think of | ||
* | * your lifestyle and activities; | ||
* | * your relationships with others such as your spouse, family and friends; | ||
* your ability to work, attend school or study; and | * your ability to work, attend school or study; and | ||
* | * your feelings, emotions and reactions as these relate to the conduct. | ||
; Physical impact | ; Physical impact | ||
Describe how the accused’s conduct has affected you physically. For example, think of | Describe how the accused’s conduct has affected you physically. For example, think of | ||
* | * ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; | ||
* | * hospitalization or surgery you have had because of the conduct of the accused; | ||
* | * treatment, physiotherapy or medication you have been prescribed; | ||
* | * the need for any further treatment or the expectation that you will receive further treatment; and | ||
* | * any permanent or long-term disability. | ||
; Economic impact | ; Economic impact | ||
Describe how the accused’s conduct has affected you financially. For example, think of | Describe how the accused’s conduct has affected you financially. For example, think of | ||
* | * the value of any property that was lost or damaged and the cost of repairs or replacement; | ||
* | * any financial loss due to missed time from work; | ||
* | * the cost of any medical expenses, therapy or counselling; and | ||
* | * any costs or losses that are not covered by insurance. | ||
Please note that this is not an application for compensation or restitution. | Please note that this is not an application for compensation or restitution. | ||
; Fears for security | ; Fears for security | ||
Describe any fears you have for your security or that of your family and friends. For example, think of | Describe any fears you have for your security or that of your family and friends. For example, think of | ||
* | * concerns with respect to contact with the accused; and | ||
* | * concerns with respect to contact between the accused and members of your family or close friends. | ||
; Drawing, poem or letter | ; Drawing, poem or letter | ||
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you. | You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you. | ||
{{box}} I would like to read or present my statement (in court or before the Review Board). | |||
{{box}} I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused. | |||
{{box}} I would like to receive information respecting any disposition made in respect of the accused. | |||
{{box}} If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence. | |||
To the best of my knowledge, the information contained in this statement is true. | To the best of my knowledge, the information contained in this statement is true. | ||
Line 1,013: | Line 904: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | | | ||
{{FormHeader1| FORM 49 | |||
|(Section 672.57) | |||
|Warrant of Committal<Br> | |||
Disposition of Detention | |||
}} | |||
To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). | To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). | ||
Line 1,030: | Line 918: | ||
And whereas the accused was found* | And whereas the accused was found* | ||
:{{Box}} unfit to stand trial | |||
:{{Box}} not criminally responsible on account of mental disorder | |||
This is, therefore, to command you, in Her Majesty’s name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at ____________, and there deliver the accused to the keeper (administrator, warden) with the following precept: | This is, therefore, to command you, in Her Majesty’s name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at ____________, and there deliver the accused to the keeper (administrator, warden) with the following precept: | ||
You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law. | |||
The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place): | The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place): | ||
Line 1,045: | Line 931: | ||
*Check applicable option. | *Check applicable option. | ||
Dated | Dated (date)blank line, at blank line(place). | ||
(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board) | |||
{{LegHistory90s|1991, c. 43}}, s. 8; | |||
{{LegHistory10s|2019, c. 25}}, s. 353 | |||
|} | |} | ||
Line 1,057: | Line 945: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 50 | ||
| (Subsection 672.7(2)) | |||
| Warrant of Committal<Br> '''Placement Decision''' | |||
}} | |||
To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). | To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). | ||
Line 1,074: | Line 957: | ||
And whereas the accused was found* | And whereas the accused was found* | ||
:{{Box}} unfit to stand trial | |||
:{{Box}} not criminally responsible on account of mental disorder | |||
And whereas the Review Board has held a hearing and decided that the accused shall be detained in custody; | And whereas the Review Board has held a hearing and decided that the accused shall be detained in custody; | ||
Line 1,084: | Line 965: | ||
This is, therefore, to command you, in Her Majesty’s name, to* | This is, therefore, to command you, in Her Majesty’s name, to* | ||
:{{Box}} execute the warrant of committal issued by the court, according to its terms | |||
:{{Box}} execute the warrant of committal issued herewith by the Review Board | |||
*Check applicable option. | *Check applicable option. | ||
Line 1,103: | Line 982: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 51 | ||
| (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g)) | |||
| Notice of Obligation To Provide Samples of Bodily Substance | |||
}} | |||
To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): | To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): | ||
Line 1,136: | Line 1,015: | ||
!Copy/Paste | !Copy/Paste | ||
|- | |- | ||
| | |{{FormHeader1| FORM 52 | ||
| (Section 490.012) | |||
| Order To Comply with Sex Offender Information Registration Act | |||
}} | |||
To A.B., of ____________, (occupation), (address or address of court if no fixed address), (date of birth), (gender): | To A.B., of ____________, (occupation), (address or address of court if no fixed address), (date of birth), (gender): | ||
Line 1,151: | Line 1,026: | ||
1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act. | 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act. | ||
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3), (5) or (6) of the Criminal Code applies, for life). | |||
3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. | 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. | ||
Line 1,171: | Line 1,046: | ||
(Signature of person subject to order) | (Signature of person subject to order) | ||
{{LegHistory00s|2004, c. 10}}, s. 21; 2007, c. 5, s. 30; {{LegHistory10s|2010, c. 17}}, s. 26; {{LegHistory10s|2013, c. 24}}, s. 117(F). | {{LegHistory00s|2004, c. 10}}, s. 21; 2007, c. 5, s. 30; {{LegHistory10s|2010, c. 17}}, s. 26; {{LegHistory10s|2013, c. 24}}, s. 117(F); | ||
{{LegHistory20s|2023, c. 28}}, s. 39. | |||
|} | |} | ||
Line 1,179: | Line 1,055: | ||
|- | |- | ||
| | | | ||
{{FormHeader1|FORM 53|Notice of Obligation To Comply with Sex Offender Information Registration Act | {{FormHeader1|FORM 53 | ||
|(Sections 490.019 and 490.032) | |||
|Notice of Obligation To Comply with Sex Offender Information Registration Act | |||
}} | |||
To A.B., of ____________, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code: | To A.B., of ____________, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code: | ||
Line 1,220: | Line 1,098: | ||
To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): | To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): | ||
Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of | Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code; | ||
You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act. | You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act. | ||
Line 1,235: | Line 1,113: | ||
6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court. | 6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court. | ||
6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court. | |||
7 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court. | 7 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court. | ||
Line 1,250: | Line 1,130: | ||
Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date). | Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date). | ||
{{LegHistory10s|2010, c. 17}}, s. 27. | {{LegHistory10s|2010, c. 17}}, s. 27; | ||
{{LegHistory20s|2023, c. 28}}, s. 40. | |||
|} | |} |
Latest revision as of 14:05, 24 October 2024
Form 31 - Deposition of a Witness
Copy/Paste | ||
---|---|---|
These are the depositions of X.Y., of ____________, and M.N., of ____________, taken before me, this ____________ day of ____________ A.D., ____________ at ____________, in the presence and hearing of A.B., hereinafter called the accused, who stands charged (state offence as in the information). X.Y., having been duly sworn, deposes as follows: (insert deposition as nearly as possible in words of witness). M.N., having been duly sworn, deposes as follows: I certify that the depositions of X.Y., and M.N., written on the several sheets of paper hereto annexed to which my signature is affixed, were taken in the presence and hearing of the accused (and signed by them respectively, in his presence where they are required to be signed by witness). In witness whereof I have hereto signed my name. A Justice of the Peace in and for ____________ |
Form 32 - Recognizance
Copy/Paste | ||
---|---|---|
1 Identification Surname: ________________ Given name(s): ________________ Date of birth: ________________ Home address: ________________ Phone number(s): ________________ (primary) ________________ (other) Other contact information (if any): ________________ Employment or Occupation (if any): ________________ Name and contact information of employer (if any): ________________ 2 Financial Promise or Deposit Pursuant to ________________ (provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ ________________, or the other valuable security described here: ________________ I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited. 3 Conditions (List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.) ________________ 4 Variation I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied. 5 Conditions in effect I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code). 6 Signatures PERSON WHO IS GIVING RECOGNIZANCE: I understand the contents of this form and agree to comply with the conditions that are listed above. Signed on ________________ (date), at ________________ (place). ________________ (Signature of the person) ________________ (Print name) SURETY (if applicable): I understand my role and my responsibilities under this recognizance and I agree to act as a surety. I agree to (promise or deposit) as security to the court the amount of $ ________________ I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited. Surety Declaration (if applicable) □ Surety Declaration attached. (Section 515.1 of the Criminal Code.) □ Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.) Signed on ________________ (date), at ________________ (place). ________________ (Signature of the Surety) ________________ (Print name) JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT: Signed on ________________ (date), at ________________ (place). ________________ (Signature of the judge, provincial court judge, justice or clerk of the court) ________________ (Print name) List of Conditions
R.S., 1985, c. C-46, Form 32; R.S., 1985, c. 27 (1st Supp.), ss. 101, 184, 203 c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13, 14; 1999, c. 25, s. 27; 2019, c. 25, s. 348. |
Form 33 - Certificate of Default to Be Endorsed
Copy/Paste | ||
---|---|---|
It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be). The nature of the default is blank line and the reason for the default is blank line (state reason if known). The names and addresses of the principal and sureties are as follows: Dated (date)blank line, at blank line(place). blank line (Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person) (Seal, if required) R.S., 1985, c. C-46, Form 33; R.S., 1985, c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 84; 2019, c. 25, s. 349. |
Form 34 - Writ of Fieri Facias
Copy/Paste | ||
---|---|---|
To the sheriff of (territorial division), GREETING. You are hereby commanded to levy of the goods and chattels, lands and tenements of each of the following persons the amount set opposite the name of each: Name ____________ Address ____________ Occupation ____________ Amount And you are further commanded to make a return of what you have done in execution of this writ. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Clerk of the ____________ (Seal) |
Form 34.1 - Statement on Restitution
Copy/Paste | ||
---|---|---|
To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act. I, (name of declarant), declare that (check the appropriate box):
I am not seeking restitution for the losses and damages I suffered as the result of the commission of the offence.
I am seeking restitution in the amount of $____________ for the following losses and damages I suffered as the result of the commission of the offence. I declare that I have suffered the following losses and damages as the result of the commission of the offence: (Complete the following table if seeking restitution.)
(describe each loss and damage) Amount of loss and damage (state the amount of each loss and damage) 1. ____________ ____________ 2. ____________ ____________ 3. ____________ ____________ 4. ____________ ____________ I understand that the amount of my losses and damages must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution. Dated this ____________ day of ____________ 20____________, at ____________ . Signature of declarant 2011, c. 6, s. 5; 2015, c. 13, s. 35. |
Form 34.2 - Victim Impact Statement
Copy/Paste | ||
---|---|---|
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space. Your statement must not include
You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Describe how the offence has affected you emotionally. For example, think of
Describe how the offence has affected you physically. For example, think of
Describe how the offence has affected you financially. For example, think of
Please note that this is not an application for compensation or restitution.
Describe any fears you have for your security or that of your family and friends. For example, think of
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.
To the best of my knowledge, the information contained in this statement is true. Dated this ____________ day of ____________ 20____________, at ____________ . Signature of declarant If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim. Dated this ____________ day of ____________ 20____________, at ____________ . Signature of declarant 2015, c. 13, s. 35; 2023, c. 28, s. 37. |
Form 34.3 - Community Impact Statement
Copy/Paste | ||
---|---|---|
This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space. Your statement must not include
Name of community on whose behalf the statement is made: ____________ Explain how the statement reflects this community’s views: ____________ ____________ ____________ ____________ You may present a detailed account of the impact the offence has had on the community. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Describe how the offence has affected community members emotionally. For example, think of
____________ ____________ ____________ ____________
Describe how the offence has affected community members physically. For example, think of
____________ ____________ ____________ ____________
Describe how the offence has affected the community financially. For example, think of
Please note that this is not an application for compensation or restitution. ____________ ____________ ____________ ____________
Describe any fears that community members have for their security or that of their family and friends. For example, think of concerns with respect to contact with the offender. ____________ ____________ ____________ ____________
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on the community. ____________ ____________ ____________ ____________
To the best of my knowledge, the information contained in this statement is true. Dated this ____________ day of ____________ 20____________, at ____________ . Signature of declarant 2015, c. 13, s. 35. |
Form 35 - Conviction
Copy/Paste | ||
---|---|---|
Be it remembered that on the ____________ day of ____________ at ____________, A.B., (date of birth) hereinafter called the accused, was tried under Part (XIX or XXVII) of the Criminal Code on the charge that (state fully the offence of which accused was convicted), was convicted of the said offence and the following punishment was imposed on him, namely,*
Dated this ____________ day of ____________ A.D. ____________, at ____________ . Clerk of the Court, Justice or Provincial Court Judge (Seal, if required) R.S., 1985, c. C-46, Form 35; R.S., 1985, c. 27 (1st Supp.), ss. 184, 203. |
Form 36 - Order Against an Offender
Copy/Paste | ||
---|---|---|
Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________, A.B., (date of birth) of ____________, was tried on an information (indictment) alleging that (set out matter of complaint or alleged offence), and it was ordered and adjudged that (set out the order made). Dated this ____________ day of ____________ A.D. ____________, at ____________ Justice or Clerk of the Court R.S., 1985, c. C-46, Form 36; R.S., 1985, c. 27 (1st Supp.), s. 184. |
Form 37 - Order Acquitting Accused
Copy/Paste | ||
---|---|---|
Be it remembered that on the ____________ day of ____________ A.D. ____________, at ____________ A.B., of ____________, (occupation), (date of birth) was tried on the charge that (state fully the offence of which accused was acquitted) and was found not guilty of the said offence. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Provincial Court Judge or Clerk of the Court (Seal, if required) R.S., 1985, c. C-46, Form 37; R.S., 1985, c. 27 (1st Supp.), ss. 184, 203. |
Form 38 - Conviction for Contempt
Copy/Paste | ||
---|---|---|
Be it remembered that on (date)blank line, at blank line(place) in the (territorial division), E.F. of blank line, in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default; The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code). Dated (date)blank line, at blank line(place). (Signature of judge, provincial court judge, justice or clerk of the court) (Seal, if required) R.S., 1985, c. C-46, Form 38; 2019, c. 25, s. 350. |
Form 39- Order for Discharge of a Person in Custody
Copy/Paste | ||
---|---|---|
To the keeper of the (prison) at blank line: You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date)blank line, if E.F. is detained by you for no other cause. (Signature of judge, justice or clerk of the court) (Seal, if required) R.S., 1985, c. C-46, Form 39; 2019, c. 25, s. 351. |
Form 40 - Challenge To Array
Copy/Paste | ||
---|---|---|
The Queen v. C.D. The (prosecutor or accused) challenges the array of the panel on the ground that X.Y., (sheriff or deputy sheriff), who returned the panel, was guilty of (partiality or fraud or wilful misconduct) on returning it. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Counsel for (prosecutor or accused) |
Form 41 - Challenge for Cause
Copy/Paste | ||
---|---|---|
The Queen v. C.D. The (prosecutor or accused) challenges G.H. on the ground that (set out ground of challenge in accordance with subsection 638(1) of the Criminal Code). Counsel for (prosecutor or accused) |
Form 42 - Certificate of Non-payment of Costs of Appeal
Copy/Paste | ||
---|---|---|
(Style of Cause) I hereby certify that A.B. (the appellant or respondent, as the case may be) in this appeal, having been ordered to pay costs in the sum of ____________ dollars, has failed to pay the said costs within the time limited for the payment thereof. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Clerk of the Court of ____________ (Seal) |
Form 43 - Jailer’s Receipt to Peace Officer for Prisoner
Copy/Paste | ||
---|---|---|
I hereby certify that I have received from X.Y., a peace officer for (territorial division), one A.B., together with a (warrant or order) issued by (set out court or justice, as the case may be).*
Dated this ____________ day of ____________ A.D. ____________, at ____________ . Keeper of (prison) R.S., 1985, c. C-46, Form 43; 1995, c. 22, s. 18. |
Form 44 - Proof of conviction by fingerprint examiner
(Proof of conviction by fingerprint examiner)
Copy/Paste | ||
---|---|---|
I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that (name) also known as (aliases if any), FPS Number ____________, whose fingerprints are shown reproduced below (reproduction of fingerprints) or attached hereto, has been convicted, discharged under section 730 of the Criminal Code or convicted and sentenced in Canada as follows: (record) Dated this ____________ day of ____________ A.D. ____________, at ____________ Fingerprint Examiner R.S., 1985, c. C-46, Form 44; R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 18; 1995, c. 22, s. 18; 2005, c. 10, s. 34. |
Form 45 - Proof of conviction by fingerprint examiner
(Proof of conviction by fingerprint examiner)
Copy/Paste | ||
---|---|---|
I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that I have compared the fingerprints reproduced in or attached to exhibit A with the fingerprints reproduced in or attached to the certificate in Form 44 marked exhibit B and that they are those of the same person. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Fingerprint Examiner R.S., 1985, c. C-46, Form 45; R.S., 1985, c. 27 (1st Supp.), s. 184; 2005, c. 10, s. 34. |
Form 46 - Probation Order
Copy/Paste | ||
---|---|---|
Whereas on the ____________ day of ____________ at ____________, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be); And whereas on the ____________ day of ____________ the court adjudged*
Now therefore the said offender shall, for the period of ____________ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender’s sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition, (here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code). Dated this ____________ day of ____________ A.D. ____________, at ____________ . Clerk of the Court, Justice or Provincial Court Judge R.S., 1985, c. C-46, Form 46; R.S., 1985, c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 10; 2004, c. 12, s. 17. |
Form 47 - Order To Disclose Income Tax Information
Copy/Paste | ||
---|---|---|
To A.B., of ____________, (office or occupation): Whereas, it appears on the oath of C.D., of ____________, that there are reasonable grounds for believing that E.F., of ____________, has committed or benefited from the commission of the offence of ____________ and that the information or documents (describe information or documents) are likely to be of substantial value to an investigation of that offence or a related matter; and Whereas there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained; This is, therefore, to authorize and require you between the hours of (as the judge may direct), during the period commencing on ____________ and ending on ____________, to produce all the above-mentioned information and documents to one of the following police officers, namely, (here name police officers) and allow the police officer to remove the information or documents, or to allow the police officer access to the above-mentioned information and documents and to examine them, as the judge directs, subject to the following conditions (state conditions): ____________ Dated this ____________ day of ____________ A.D. ____________, at ____________ . Signature of judge R.S., 1985, c. 42 (4th Supp.), s. 8. |
Form 48 - Assessment Order of the Court
Copy/Paste | ||
---|---|---|
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with blank line, may be necessary to determine Footnote *
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of blank line days. This order is to be in force for a total of blank line days, including travelling time, during which time the accused is to remain Footnote *
(set out conditions, if applicable) Return to footnote *Check applicable option. Dated (date)blank line, at blank line(place). (Signature of judge, provincial court judge, justice or clerk of the court) 1991, c. 43, s. 8; 1995, c. 22, s. 10; 2005, c. 22, s. 40; 2014, c. 6, s. 19; 2019, c. 25, s. 352. |
Form 48.1 - Assessment Order of the Review Board
Copy/Paste | ||
---|---|---|
Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ____________, may be necessary to *
I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of ____________ days. This order is to be in force for a total of ____________ days, including travelling time, during which time the accused is to remain *
(set out conditions, if applicable)
Dated this ____________ day of ____________ A.D. ____________, at ____________ . (Signature of Chairperson of the Review Board) 2005, c. 22, s. 40; 2014, c. 6, s. 20. |
Form 48.2 - Victim Impact Statement — Not Criminally Responsible
Copy/Paste | ||
---|---|---|
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space. Your statement must not include
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Describe how the accused’s conduct has affected you emotionally. For example, think of
Describe how the accused’s conduct has affected you physically. For example, think of
Describe how the accused’s conduct has affected you financially. For example, think of
Please note that this is not an application for compensation or restitution.
Describe any fears you have for your security or that of your family and friends. For example, think of
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
To the best of my knowledge, the information contained in this statement is true. Dated this ____________ day of ____________ 20____________, at ____________ . Signature of declarant 2015, c. 13, s. 36. |
Form 49 - Warrant of Committal
Copy/Paste | ||
---|---|---|
Disposition of Detention
To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). This warrant is issued for the committal of A.B., of ____________, (occupation), hereinafter called the accused. Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged); And whereas the accused was found*
This is, therefore, to command you, in Her Majesty’s name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at ____________, and there deliver the accused to the keeper (administrator, warden) with the following precept: You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law. The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place): The following are the powers regarding the restrictions (and the limits and conditions on those restrictions) on the liberty of the accused that are hereby delegated to you the said keeper (administrator, warden) of the said (prison, hospital or other appropriate place):
Dated (date)blank line, at blank line(place). (Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board) 1991, c. 43, s. 8; 2019, c. 25, s. 353 |
Form 50 - Warrant of Committal
Copy/Paste | ||
---|---|---|
To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained). This warrant is issued for the committal of A.B., of ____________, (occupation), hereinafter called the accused. Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged); And whereas the accused was found*
And whereas the Review Board has held a hearing and decided that the accused shall be detained in custody; And whereas the accused is required to be detained in custody pursuant to a warrant of committal issued by (set out the name of the Judge, Clerk of the Court, Provincial Court Judge or Justice as well as the name of the court and territorial division), dated the ____________ day of ____________, in respect of the offence that (set out briefly the offence in respect of which the accused was charged or convicted); This is, therefore, to command you, in Her Majesty’s name, to*
Dated this ____________ day of ____________ A.D. ____________, at ____________ . (Signature of chairperson of the Review Board) 1991, c. 43, s. 8. |
Form 51 - Notice of Obligation To Provide Samples of Bodily Substance
Copy/Paste | ||
---|---|---|
To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): Because, on (date), you were ordered, under (applicable provision) of the Criminal Code, to provide samples of a bodily substance prescribed by regulation at regular intervals for the purpose of analysis; You are provided with this notice to inform you of your obligations with respect to providing samples. 1 On (specify a day not earlier than 24 hours after the day on which the notice is served), you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation). 2 Every (specify a number not less than seven) days after you first report to provide a sample, you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation). 3 You have the right to apply to a court to terminate the obligation to provide samples, and the right to appeal any decision of that court. 4 If you are found to have not complied with your obligation to provide samples as set out in this notice, you may be subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, you may be subject to proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment). 5 The results of the analysis of the bodily substances may be used or disclosed in accordance with the Criminal Code, including in proceedings against you, the result of which may be that you are subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, including in proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment). Served on (date), at (place the notice is served). (Signature of probation officer, supervisor or person designated by the Attorney General or Minister of Justice, as the case may be) 1991, c. 43, s. 8; 1995, c. 22, s. 10 (Sch. I, item 37); 2005, c. 22, s. 41; 2011, c. 7, s. 13; 2015, c. 20, s. 34. |
Form 52 - Order To Comply with SOIRA
Copy/Paste | ||
---|---|---|
To A.B., of ____________, (occupation), (address or address of court if no fixed address), (date of birth), (gender): You have been convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of theCriminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code. 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act. 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3), (5) or (6) of the Criminal Code applies, for life). 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information. 6 You have the right to apply to a court to terminate this order, and the right to appeal the decision of that court. 7 If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both. 8 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Dated this ____________ day of ____________, at ____________ . (Signature of judge or clerk and name of court) (Signature of person subject to order) 2004, c. 10, s. 21; 2007, c. 5, s. 30; 2010, c. 17, s. 26; 2013, c. 24, s. 117(F); 2023, c. 28, s. 39. |
Form 53 - Notice of Obligation To Comply with SOIRA
Copy/Paste | ||
---|---|---|
To A.B., of ____________, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code: Because, on ____________ (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ____________ (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act, under ____________ (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act. 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act. 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ____________ years after you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) or (d) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code. 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information. 6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal any decision of that court. 7 You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court. 8 If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both. 9 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Dated this ____________ day of ____________, at ____________ . 2004, c. 10, s. 21; 2007, c. 5, s. 31; 2013, c. 24, s. 117(F); 2014, c. 25, s. 33. |
Form 54 - Obligation To Comply with SOIRA
Copy/Paste | ||
---|---|---|
To A.B., of ____________, (occupation), (address in Canada), (date of birth), (gender): Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code; You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act. 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act. 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ____________ years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of theCriminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code. 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information. 6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court. 6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court. 7 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court. 8 If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both. 9 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Served on (date). ____________ For administrative use only: Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date). 2010, c. 17, s. 27; 2023, c. 28, s. 40. |