Warrant Arrests (Until December 18, 2019): Difference between revisions

Revision as of 20:31, 29 December 2019

General Principles

See also: Arrest Procedure and Warrant Arrests

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), 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

See also: Laying of an Information and Issuing Process

Issuing Warrant for an Accused After They Failed to Attend Court

Accused Arrest Warrants for Failing to Attend Court

Issuing Warrant for Breaches of Orders

Arrest Warrant for Breach of Court Orders

Issuing Warrant for Witness

Arrest Warrants for Witnesses

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.

...
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.

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511
...

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.
...
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.

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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.

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Execution of Warrant

See also: Entry into Place to Execute an Arrest Warrant

511. ...

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.

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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.

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Release After Warrant Arrest

See also: Release by Police on Undertaking 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

Out of Province Arrest Warrants

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]

↑ R v Parisien (1971) 3 CCC (2d) 433, 1971 CanLII 1171 (BC CA), per Branca JA, at p. 437
R v Cardinal, 1985 ABCA 157 (CanLII), 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.

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 ==Release After Warrant Arrest==
-{{seealso|Release by Police|Judicial Interim Release}}
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 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.