Arrest Warrants for Accused Persons
General Principles
Warrant for Breach of Summons, Appearance Notice, Undertaking or Release Order
- Hearing
524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2) [power of justice to hear breach allegations – circumstances], the justice shall
- (a) if the accused was released from custody under an order made under subsection 522(3) [release of accused on s. 469 offences] by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or
- (b) in any other case, hear the matter.
- Circumstances
(2) The circumstances referred to in subsection (1) [power of justice to hear breach allegations] are the following:
- (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or
- (b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
- Cancellation
(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that
- (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or
- (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.
- Detention
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) [justification for detention in custody].
- Release order
(5) If the judge or justice does not order that the accused be detained in custody under subsection (4) [breach allegations – remand after cancellation], the judge or justice shall make a release order referred to in section 515 [judicial interim release provisions].
- Reasons
(6) If the judge or justice makes a release order under subsection (5) [breach allegations – release after showing cause], the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) [sufficiency of record] applies with any modifications that the circumstances require.
- Release
(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3) [breach allegations – cancellation of prior order], the judge or justice shall order that the accused be released from custody.
- Provisions applicable to proceedings under this section
(8) The provisions of sections 516 to 519 [select provisions relating to bail process] apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) [release on guilty plea pending sentence] does not apply in respect of an accused who is charged with an offence mentioned in section 469 .
(9) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) {AnnSec5
- Review — order by judge
– 524(5)
respecting an accused referred to in paragraph (1)(a) [power of justice to hear breach allegations – where released on 469 offence] is not subject to review except as provided in section 680 .
- Review — order of justice
(10) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) [breach allegations – release after showing cause] respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 [accused-requested bail review] and 521 [crown-requested bail review] as if the order were made under section 515 [judicial interim release provisions].
R.S., 1985, c. C-46, s. 524;
1999, c. 3, s. 33;
2019, c. 25, s. 234.
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Warrant of Arrest for Failure to Attend
Where the accused is released on bail, and he fails to attend the judge may order a warrant under s.512(2) or 597.
Section 512(2) states:
- Certain actions not to preclude issue of warrant
512. (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that
- (a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
- (b) a summons has previously been issued under subsection 507(4); or
- (c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.
- Warrant in default of appearance
(2) Where
- (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,
- (b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
- (c) it appears that a summons cannot be served because the accused is evading service,
a justice may issue a warrant for the arrest of the accused.
R.S., 1985, c. C-46, s. 512; R.S., 1985, c. 27 (1st Supp.), s. 82; 1997, c. 18, s. 58.– CCC
- Bench warrant
597. (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.
- Execution
(2) A warrant issued under subsection (1) may be executed anywhere in Canada.
- Interim release
(3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,
- (a) report at times to be stated in the order to a peace officer or other person designated in the order;
- (b) remain within a territorial jurisdiction specified in the order;
- (c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
- (d) abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;
- (e) where the accused is the holder of a passport, deposit his passport as specified in the order; and
- (f) comply with such other reasonable conditions specified in the order as the judge considers desirable.
- Discretion to postpone execution
(4) A judge 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 having jurisdiction in the territorial division in which the warrant was issued.
- Deemed execution of warrant
(5) 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. 597; R.S., 1985, c. 27 (1st Supp.), s. 121; 1997, c. 18, s. 68.– CCC
Warrant for Breaching the Identification of Criminals Act
- Failure to appear
502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
R.S., 1985, c. C-46, s. 502; 1992, c. 47, s. 70; 1996, c. 7, s. 38; 1997, c. 18, s. 54.– CCC