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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2022-07-25 and last amended on 2022-06-23. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)

Judicial Interim Release (continued)

Marginal note:Interim release by judge only

  •  (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

  • Marginal note:Idem

    (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note:Order re no communication

    (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary.

  • Marginal note:Release of accused

    (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.

  • Marginal note:Order not reviewable except under section 680

    (4) An order made under this section is not subject to review, except as provided in section 680.

  • Marginal note:Application of sections 517, 518 and 519

    (5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).

  • Marginal note:Other offences

    (6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

  • R.S., 1985, c. C-46, s. 522
  • R.S., 1985, c. 27 (1st Supp.), s. 88
  • 1991, c. 40, s. 32
  • 1994, c. 44, s. 48
  • 1999, c. 25, s. 10(Preamble)
  • 2019, c. 25, s. 232

Marginal note:Period for which appearance notice, etc., continues in force

  •  (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,

    • (a) where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or

    • (b) in any other case,

      • (i) until his trial is completed, and

      • (ii) where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

  • Marginal note:When new information is received

    (1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.

  • Marginal note:When direct indictment preferred

    (1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.

  • Marginal note:Order vacating previous order for release or detention

    (2) Despite subsections (1) to (1.2),

    • (a) the court, judge or justice before which or whom an accused is being tried, at any time,

    • (b) the justice, on completion of the preliminary inquiry in relation to an offence for which an accused is ordered to stand trial, other than an offence listed in section 469, or

    • (c) with the consent of the prosecutor and the accused or, where the accused or the prosecutor applies to vacate an order that would otherwise apply pursuant to subsection (1.1), without such consent, at any time

      • (i) where the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice,

      • (ii) where the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or

      • (iii) the court, judge or justice before which or whom an accused is to be tried,

      may, on cause being shown, vacate any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused until his trial is completed that the court, judge or justice considers to be warranted.

  • Marginal note:Provisions applicable to proceedings under subsection (2)

    (3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.

  • R.S., 1985, c. C-46, s. 523
  • R.S., 1985, c. 27 (1st Supp.), s. 89
  • 2011, c. 16, s. 2
  • 2019, c. 25, s. 233

Proceedings Respecting Failure to Comply with Release Conditions

Marginal note:Judicial referral hearing

  •  (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall

    • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or

    • (b) in any other case, hear the matter.

  • Marginal note:Circumstances

    (2) The circumstances referred to in subsection (1) are the following:

    • (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or

    • (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.

  • Marginal note:Powers — Judge or Justice

    (3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,

    • (a) take no action;

    • (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,

      • (i) make a release order under section 515, or

      • (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or

    • (c) remand the accused to custody for the purposes of the Identification of Criminals Act.

  • Marginal note:Dismissal of charge

    (4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.

  • Marginal note:No information or indictment

    (5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a).

Marginal note:Hearing

  •  (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall

    • (a) if the accused was released from custody under an order made under subsection 522(3) 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.

  • Marginal note:Circumstances

    (2) The circumstances referred to in subsection (1) 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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note:Release order

    (5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.

  • Marginal note:Reasons

    (6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.

  • Marginal note:Release

    (7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.

  • Marginal note:Provisions applicable to proceedings under this section

    (8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.

  • Marginal note:Review — order by judge

    (9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.

  • Marginal note:Review — order of justice

    (10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.

Review of Detention where Trial Delayed

Marginal note:Time for application to judge

  •  (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

    • (a) the day on which the accused was taken before a justice under section 503; or

    • (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

    The person shall make the application immediately after the expiry of those 90 days.

  • Marginal note:Waiver of right to hearing

    (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

  • Marginal note:Notice of hearing

    (2) On receiving an application under subsection (1), the judge shall

    • (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction

      • (i) where the accused is in custody, or

      • (ii) where the trial is to take place; and

    • (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.

  • Marginal note:Cancellation of hearing

    (3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

  • Marginal note:Consideration of proceeding’s progression

    (4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

    • (a) give directions for expediting the proceedings; or

    • (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

  • Marginal note:Release order

    (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

  • Marginal note:Provisions applicable to proceedings

    (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Definition of judge in the Province of Quebec

    (7) In this section, judge, in the Province of Quebec,

    • (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and

    • (b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.

  • (8) [Repealed, 2019, c. 25, s. 235]

  • (9) [Repealed, 2019, c. 25, s. 235]

  • R.S., 1985, c. C-46, s. 525
  • R.S., 1985, c. 27 (1st Supp.), s. 90
  • 1994, c. 44, s. 49
  • 1997, c. 18, s. 61
  • 2019, c. 25, s. 235
 
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