Criminal Code Forms (Form 6 to 30)
Form 6 - Summons to Accused
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To (name of person), of ________________, born on (date of birth): Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged); Therefore, you are ordered, in Her Majesty’s name:
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons. If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code). Signed on (date), at (place). ________________ (Signature of judge, justice, clerk of the court or chairperson of the Review Board) ________________ (Name of the judge, justice or chairperson) R.S., 1985, c. C-46, Form 6; R.S., 1985, c. 27 (1st Supp.), s.184; 2018, c. 29, s. 69; 2019, c. 25, s. 334 |
Form 7 - Warrant for Arrest
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To the peace officers in the (territorial division): This warrant is issued for the arrest of (name of person), of blank line, born on (date of birth), referred to in this warrant as the accused. Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged); And because (check those that are applicable):
Therefore, you are ordered, in Her Majesty’s name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law.
Signed on (date), at (place). blank line (Signature of judge, provincial court judge, justice or clerk of the court) blank line (Name of the judge, provincial court judge or justice who has issued this warrant) R.S., 1985, c. C-46, Form 7; R.S., 1985, c. 27 (1st Supp.), s.203; 1997, c. 39, s. 3; 1999, c. 5, s. 46; 2019, c. 25, s. 335. |
Form 7.1 - Warrant To Enter Dwelling-house
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To the peace officers in the said (territorial division): This warrant is issued in respect of the arrest of A.B., or a person with the following description (____________), of ____________, (occupation). Whereas there are reasonable grounds to believe:*
And whereas there are reasonable grounds to believe that the person is or will be present in (here describe dwelling-house); This warrant is issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the person. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Judge, Clerk of the Court, Provincial Court Judge or Justice
1997, c. 39, s. 3; 2002, c. 13, s. 85. |
Form 8 - Warrant for Committal
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To the peace officers in the (territorial division) and to the keeper of the (prison) at ________________: This warrant is issued for the committal of (name of person), of ________________, born on (date of birth), referred to in this warrant as the accused. Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged); And because (check those that are applicable):
Therefore, you are ordered, in Her Majesty’s name, to arrest the accused and convey them safely to the (prison) at ________________, and there deliver them to its keeper, with the following order: You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law. Signed on (date), at (place). ________________ (Signature of judge, justice or clerk of the court) ________________ (Name of the judge or justice who has issued this warrant)
R.S., 1985, c. C-46, Form 8; R.S., 1985, c. 27 (1st Supp.), ss. 184, 203; 2019, c. 25, s. 336 |
Form 9 - Appearance Notice
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1 Identification Surname: ________________ Given name(s): ________________ Date of Birth: ________________ 2 Contact Information ________________ 3 Alleged Offence You are alleged to have committed (set out briefly the substance of the offence, including any failure referred to in section 496, that the accused is alleged to have committed). □ (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.1 for a failure under section 496. 4 Conditions You must attend court as indicated below, and afterwards as required by the court: Date: ________________ Time: ________________ Court number: ________________ Court address: ________________ 5 Appearance for the purposes of the Identification of Criminals Act (if applicable) □ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act. 6 Consequence for non-compliance You are warned that,
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code). If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). 7 Signatures ACCUSED: I understand the contents of this appearance notice and agree to comply with it. Signed on (date), at (place). ________________ (Signature of accused) PEACE OFFICER: Signed on (date), at (place). ________________ (Signature of peace officer) ________________ (Name of the peace officer) R.S., 1985, c. C-46, Form 9; R.S., 1985, c. 27 (1st Supp.), s. 184; 1994, c. 44, s. 84; 1997, c. 18, s. 115; 2018, c. 29, s. 70; 2019, c. 25, s. 337. |
Form 10 - Undertaking
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Surname: __________________________ Given name(s): __________________________ Date of Birth: ________________
_________________________
(set out briefly the offence in respect of which the accused was charged)
You must attend court as indicated below, and afterwards as required by the court: Date: __________________________ Time: __________________________ Court number: __________________________ Court address: __________________________
You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence):
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code.
The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code). If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).
ACCUSED: I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark. I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing. Signed on (date), at (place). ________________ (Signature of accused) PEACE OFFICER: Signed on (date), at (place). ________________ (Signature of peace officer) ________________ (Name of the peace officer) R.S., 1985, c. C-46, Form 10; 1994, c. 44, s. 84; 1997, c. 18, s. 115; 2018, c. 29, s. 70; 2019, c. 25, s. 337. |
Form 11 - Release Order
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Surname: ________________ Given name(s): ________________ Date of Birth: ________________
________________
(set out briefly the offence in respect of which the accused was charged)
□ You do not have any financial obligations under this release order. or In order for you to be released, the obligations that are indicated below by a check mark must be complied with. □ You promise to pay the amount of ________________ if you fail to comply with a condition of this release order. □ You must deposit money in the amount of ________________ or other valuable security whose value does not exceed ________________ with the clerk of the court. □ The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of ________________
You must comply with the conditions that are indicated below by a check mark. □ You must report to (name or title) at (place) on (date or dates). □ You must remain within the territorial jurisdiction of (province or territory). □ You must notify (name, title and phone number) of any change of your (address, employment or occupation). □ You must not communicate, directly or indirectly, with (victims, witnesses or other persons), except in accordance with the following conditions: ________________ □ You must not go to (place) or enter (geographic area), except in accordance with the following conditions: ________________ □ You must deposit all your passports with (name or title) at (place) before (date). □ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place). □ You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): ________________ □ You must comply with the following conditions: ________________ 6 Variation The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed. 7 Conditions in effect The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code). 8 Consequence for non-compliance You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required. If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code). 9 Signatures SURETY: (if applicable) I understand my role and my responsibilities under this release order and I agree to act as a surety. I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order. □ Surety Declaration is attached (section 515.1 of the Criminal Code). □ Surety is excepted from providing Surety Declaration (subsection 515.1(2) of the Criminal Code). Signed on (date), at (place). ________________ (Signature of the surety) ACCUSED: I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark. I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained. Signed on (date), at (place). ________________ (Signature of accused) JUDGE, JUSTICE OR CLERK OF THE COURT: Signed on (date), at (place). ________________ (Signature of judge, justice or clerk of the court) ________________ (Name of judge or justice who has issued this order) R.S., 1985, c. C-46, Form 11; 1992, c. 1, s. 58; 1994, c. 44, s. 84; 1997, c. 18, s. 115; 2018, c. 29, s. 70; 2019, c. 25, s. 337 |
Form 11.1 - Undertaking Given to a Peace Officer or an Officer in Charge
- [Repealed, 2019, c. 25, s. 337]
Form 12 - Surety Declaration
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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 for employer (if any): ________________ 2 Information about the Accused Surname: ________________ Given name(s): ________________ Date of Birth: ________________ Court file number: ________________ 3 Other information required Relationship to the accused: ________________ I am acting as a surety in respect of another accused. □ Yes □ No If yes, name and date of birth of any other accused: ________________ I have a criminal record or there are outstanding criminal charges against me. □ Yes □ No If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction: ________________ 4 Charges against the Accused I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged). 5 Other Outstanding Charges against the Accused □ I understand that the accused does not have any other outstanding criminal charges. □ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges. 6 Criminal Record of the Accused □ I understand that the accused does not have a criminal record. □ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled. ________________ 7 Financial Promise or Deposit As a surety for the accused, I am willing to (promise or deposit) to the court the amount of ________________ 8 Acknowledgment I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited. I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code). I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety. 9 Signature Signed on (date), at (place). ________________ (Signature of the surety) Sworn before me on (date), at (place). ________________ (Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation) R.S., 1985, c. C-46, Form 12; R.S., 1985, c. 27 (1st Supp.), s. 184; 1994, c. 44, s. 84; 1999, c. 25, s. 25; 2008, c. 18, s. 45.1; 2018, c. 29, s. 72; 2019, c. 25, s. 337 |
Form 13 - Undertaking by Appellant (Defendant)
- [Repealed, 2019, c. 25, s. 337]
Form 14 - Undertaking by Appellant (Prosecutor)
- [Repealed, 2019, c. 25, s. 337]
Form 15 - Warrant To Convey Accused Before Justice of Another Territorial Division
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To the peace officers in the said (territorial division): Whereas A.B., of ____________ hereinafter called the accused, has been charged that (state place of offence and charge); And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice); And Whereas the charge is for an offence committed in the (territorial division); This is to command you, in Her Majesty’s name, to convey the said A.B., before a justice of the (last mentioned territorial division). Dated this ____________ day of ____________ A.D. ____________, at ____________ . (Signature of justice or clerk of the court) R.S., 1985, c. C-46, Form 15; 2019, c. 25, s. 338 |
Form 16 - Subpoena to a Witness
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To E.F., of ____________, (occupation); Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence); This is therefore to command you to attend before (set out court or justice), on ____________ the ____________ day of ____________ A.D. ____________, at ____________ o’clock in the ____________ noon at ____________ to give evidence concerning the said charge.*
and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required). Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Judge, Justice or Clerk of the court (Seal, if required) R.S., 1985, c. C-46, Form 16; R.S., 1985, c. 27 (1st Supp.), s. 184; 1999, c. 5, s. 47. |
Form 16.1 - Subpoena to a Witness in Respect of an Offence Referred to in s. 278.2(1)
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To E.F., of ____________, (occupation); Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence); This is therefore to command you to attend before (set out court or justice), on ____________ the ____________ day of ____________ A.D. ____________, at ____________ o’clock in the ____________ noon at ____________ to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).
You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so. If anything specified above is a record as defined in section 278.1 of the Criminal Code, it may be subject to a determination by the court in accordance with sections 278.1 to 278.91 of the Criminal Code as to whether and to what extent it should be produced. If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record made pursuant to section 278.3 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record. If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced. As defined in section 278.1 of the Criminal Code, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence. Dated this ____________ day of ____________ A.D. ____________, at ____________ . Judge, Clerk of the Court, Provincial Court Judge or Justice (Seal, if required) 1997, c. 30, s. 3. |
Form 17 - Warrant for Witness
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To the peace officers in the (territorial division): Whereas A.B. of ____________, has been charged that (state offence as in the information); And Whereas it has been made to appear that E.F. of ____________, hereinafter called the witness, is likely to give material evidence for (the prosecution or the defence) and that*
This is therefore to command you, in Her Majesty’s name, to arrest and bring the witness forthwith before (set out court or justice) to be dealt with in accordance with section 706 of the Criminal Code. Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Justice or Clerk of the Court (Seal, if required) R.S., 1985, c. C-46, Form 17; R.S., 1985, c. 27 (1st Supp.), s. 184. |
Form 18 - Warrant To Arrest an Absconding Witness
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To the peace officers in the (territorial division): Whereas A.B., of ____________, has been charged that (state offence as in the information); And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of ____________, in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond); This is therefore to command you, in Her Majesty’s name, to arrest the witness and bring him forthwith before (the court, judge, justice or provincial court judge before whom the witness is bound to appear) to be dealt with in accordance with section 706 of the Criminal Code. Dated (date)____________, at ____________(place). (Signature of justice or clerk of the court) R.S., 1985, c. C-46, Form 18; R.S., 1985, c. 27 (1st Supp.), s. 203; 2019, c. 25, s. 339. |
Form 19 - Warrant Remanding a Prisoner
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To the peace officers in the (territorial division): You are hereby commanded forthwith to arrest, if necessary, and convey to the (prison) at blank line the persons named in the following schedule each of whom has been remanded to the time mentioned in the schedule: Person charged blank line Offence blank line Remanded to And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on blank line(date),blank line at blank line(hour), at blank line(place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time. Dated (date)blank line, at blank line(place). (Signature of justice or clerk of the court) R.S., 1985, c. C-46, Form 19; R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 340. |
Form 20 - Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
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To the peace officers in the (territorial division): Whereas A.B. of blank line, in this warrant called the accused, has been charged that (set out offence as in the information); And whereas E.F. of blank line, in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely blank lineor refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure; This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at blank line, and there deliver them to the keeper of it, together with the following precept: You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of blank line days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant. Dated (date)blank line, at blank line(place). (Signature of justice or clerk of the court) blank line R.S., 1985, c. C-46, Form 20; R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 341. |
Form 21 - Warrant of Committal on Conviction
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To the peace officers in (territorial division) and to the keeper of (prison) at ____________ : Whereas (name), in this Form called the offender, was, on the ____________ day of ____________ 20____________, convicted by (name of judge and court) of having committed the following offence(s) and it was adjudged that the offender be sentenced as follows:
(state offence of which offender was convicted)
(state term of imprisonment for the offence and, in case of imprisonment for default of payment of fine, so indicate together with the amount of it and applicable costs and whether payable immediately or within a time fixed)
(state the amount of time spent in custody before sentencing, the term of imprisonment that would have been imposed before any credit was granted under subsection 719(3) or (3.1), the amount of time credited, if any, and whether the sentence is consecutive or concurrent, and specify consecutive to or concurrent with what other sentence)
You are hereby commanded, in Her Majesty’s name, to arrest the offender if it is necessary to do so in order to take the offender into custody, and to take and convey him or her safely to (prison) at ____________ and deliver him or her to its keeper, who is hereby commanded to receive the accused into custody and to imprison him or her there for the term(s) of his or her imprisonment, unless, if a term of imprisonment was imposed only in default of payment of a fine or costs, those amounts and the costs and charges of the committal and of conveying the offender to that prison are paid sooner, and this is a sufficient warrant for so doing. Dated this ____________ day of ____________ 20____________, at ____________ . Clerk of the Court, Justice, Judge or Provincial Court Judge R.S., 1985, c. C-46, Form 21; R.S., 1985, c. 27 (1st Supp.), s. 184; 1995, c. 22, s. 9; 2009, c. 29, s. 4. |
Form 22 - Warrant of Committal on an Order for the Payment of Money
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To the peace officers in the (territorial division) and to the keeper of the (prison) at ____________: Whereas A.B., hereinafter called the defendant, was tried on an information alleging that (set out matter of complaint), and it was ordered that (set out the order made), and in default that the defendant be imprisoned in the (prison) at blank line for a term of blank line; You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at blank line, and deliver them to the keeper of the prison, together with the following precept: You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of blank line, unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant. Dated (date)blank line, at blank line(place). (Signature of provincial court judge, justice or clerk of the court) R.S., 1985, c. C-46, Form 22; R.S., 1985, c. 27 (1st Supp.), s. 184; 2019, c. 25, s. 342. |
Form 23 - Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace
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To the peace officers in the (territorial division) and to the keeper of the (prison) at ____________: Whereas A.B., hereinafter called the accused, has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has (refused or failed) to enter into a recognizance accordingly; You are hereby commanded, in Her Majesty’s name, to arrest, if necessary, and take the accused and convey him safely to the (prison) at ____________ and deliver him to the keeper thereof, together with the following precept: You, the said keeper, are hereby commanded to receive the accused into your custody in the said prison and imprison him there until he enters into a recognizance as aforesaid or until he is discharged in due course of law. 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 23; R.S., 1985, c. 27 (1st Supp.), ss. 184, 203; 1993, c. 45, s. 12. |
Form 24 - Warrant of Committal of Witness for Failure To Enter into Recognizance
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To the peace officers in the (territorial division) and to the keeper of the (prison) at ____________: Whereas A.B., hereinafter called the accused, was committed for trial on a charge that (state offence as in the information); And Whereas E.F., hereinafter called the witness, having appeared as a witness on the preliminary inquiry into the said charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the said charge, has (failed or refused) to do so; This is therefore to command you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the said witness to the (prison) at ____________ and there deliver him to the keeper thereof, together with the following precept: I do hereby command you, the said keeper, to receive the witness into your custody in the said prison and keep him there safely until the trial of the accused on the said charge, unless before that time the witness enters into the said recognizance. Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Justice of the Peace in and for ____________ R.S., 1985, c. C-46, Form 24; R.S., 1985, c. 27 (1st Supp.), s. 184. |
Form 25 - Warrant of Committal for Contempt
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To the peace officers in the said (territorial division) and to the keeper of the (prison) at ____________: Whereas E.F. of ____________, hereinafter called the defaulter, was on the ____________ day of ____________ A.D. ____________, at ____________, convicted before ____________ for contempt in that he did not attend before ____________ to give evidence on the trial of a charge that (state offence as in the information) against A.B. of ____________, although (duly subpoenaed or bound by recognizance to appear and give evidence in that behalf, as the case may be) and did not show any sufficient excuse for his default; And Whereas in and by the said conviction it was adjudged that the defaulter (set out punishment adjudged); And Whereas the defaulter has not paid the amounts adjudged to be paid; (delete if not applicable) This is therefore to command you, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey him safely to the prison at ____________ and there deliver him to the keeper thereof, together with the following precept: I do hereby command you, the said keeper, to receive the defaulter into your custody in the said prison and imprison him there* and for so doing this is a sufficient warrant.
Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Justice or Clerk of the Court (Seal, if required) R.S., 1985, c. C-46, Form 25; R.S., 1985, c. 27 (1st Supp.), s. 184. |
Form 26 - Warrant of Committal in Default of Payment of Costs of an Appeal
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To the peace officers of (territorial division) and to the keeper of the (prison) at ____________: Whereas it appears that on the hearing of an appeal before the (set out court) it was adjudged that A.B., of ____________, hereinafter called the defaulter, should pay to the Clerk of the Court the sum of ____________ dollars in respect of costs; And Whereas the Clerk of the Court has certified that the defaulter has not paid the sum within the time limited therefor; I do hereby command you, the said peace officers, in Her Majesty’s name, to take the defaulter and safely convey him to the (prison) at ____________ and deliver him to the keeper thereof, together with the following precept: I do hereby command you, the said keeper, to receive the defaulter into your custody in the said prison and imprison him for the term of ____________, unless the said sum and the costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid, and for so doing this is a sufficient warrant. Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Justice of the Peace in and for ____________ |
Form 27 - Warrant of Committal on Forfeiture of a Recognizance
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To the sheriff of (territorial division) and to the keeper of the (prison) at _________: You are hereby commanded to arrest, if necessary, and take (A.B. and C.D. as the case may be) hereinafter called the defaulters, and to convey them safely to the (prison) at _________ and deliver them to the keeper thereof, together with the following precept: You, the said keeper, are hereby commanded to receive the defaulters into your custody in the said prison and imprison them for a period of _________ or until satisfaction is made of a judgment debt of _________ dollars due to Her Majesty the Queen in respect of the forfeiture of a recognizance entered into by _________ on the _________ day of _________ A.D. _________. Dated this _________ day of ____________ A.D. ____________ .
(Seal) R.S., 1985, c. C-46, Form 27; R.S., 1985, c. 27 (1st Supp.), s. 184. |
Form 28 - Endorsement of Warrant
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In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division). Dated (date)________________, at ________________(place). ________________ (Signature of justice) ________________
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This provision came into force on December 18, 2019.
Form 29 - Endorsement of Warrant
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Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence mentioned in section 522 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act. Dated this ____________ day of ____________ A.D. ____________, at ____________ . A Justice of the Peace in and for ____________ R.S., 1985, c. C-46, Form 29; 1994, c. 44, s. 84. |
Form 30 - Order for Accused to Be Brought Before Justice Prior to Expiration of Remand
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To the keeper of the (prison) at ________________: Whereas by warrant dated (date), A.B., in this order called the accused, was committed to your custody and you were required to keep them safely until the (date)________________________________, and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place)________________ at ________________________________(hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time; Now, therefore, you are directed to have the accused before ________________ at (place)________________ at ________________________________(hour) to answer to the charge against them and so they may be dealt with according to law. Dated (date)________________, at ________________(place). (Signature of justice or clerk of the court) ________________
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This provision came into force on December 18, 2019.