Basic Search

 
 
Display / Hide Categories
Results 1-5 of 62
Didn't find what you're looking for?
Search all Government of Canada websites
  1. Criminal Code - R.S.C., 1985, c. C-46 (FORM 16.1 : Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the)

    FORM 16.1(Subsections 278.3(5) and 699(7))Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal Code

    [...]

    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.

    [...]


  2. Criminal Code - R.S.C., 1985, c. C-46 (FORM 12 : Surety Declaration)

    [...]

    [...]

    • [...]

    • 3 Other information required

      [...]

      I have a criminal record or there are outstanding criminal charges against me.

      [...]

      If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction:

    • [...]

    • 5 Other Outstanding Charges against the Accused

      □ I understand that the accused does not have any other outstanding criminal 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.

      [...]

    • [...]

    • 8 Acknowledgment

      [...]

      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).

      [...]

    [...]


  3. Criminal Code - R.S.C., 1985, c. C-46 (Section 490.011)
    Marginal note:Definitions

    • 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.07.

      primary offence

      primary offence  means

      • [...]

      • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

        [...]

      • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

        [...]

      • (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

        [...]

      record suspension

      record suspension  means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

      secondary offence

      secondary offence  means

      • (a) an offence under any of the following provisions:

        • [...]

        • (ix) section 264 (criminal harassment),

      verdict of not criminally responsible on account of mental disorder

      verdict of not criminally responsible on account of mental disorder  means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)

    • Marginal note:Interpretation

      (2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

      • (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

    [...]


  4. Criminal Code - R.S.C., 1985, c. C-46 (Section 515)
    Marginal note:Release order without conditions

    • [...]

    • (3) In making an order under this section, the justice shall consider any relevant factors, including,

      • [...]

      • (b) whether the accused has been previously convicted of a criminal offence, including any offence in the commission of which violence was used, threatened or attempted against any person.

    • [...]

    • (4.1) When making an order under subsection (2), in the case of an accused who is charged with

      • [...]

      • (b) an offence under section 264 (criminal harassment),

      [...]

    • [...]

    • Marginal note:Reasons

      (4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

    • [...]

    • Marginal note:Detention in custody

      (5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.

    • (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

      • (a) with an indictable offence, other than an offence listed in section 469,

        • [...]

        • (ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

    • Marginal note:Reasons

      (6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.

    • [...]

    • Marginal note:Sufficiency of record

      (9) For the purposes of subsections (5) and (6), it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

    • Marginal note:Written reasons

      (9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

    • (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

      • [...]

      • (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

    • [...]

    • Marginal note:Victim’s and community’s safety and security

      (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that the justice considered the safety and security of every victim of the offence and the safety and security of the community when making the order.

    • Marginal note:Aboriginal accused or vulnerable populations

      (13.1) A justice who makes an order under this section shall include in the record of proceedings a statement that sets out both how they determined whether the accused is an accused referred to in section 493.2 and their determination. If the justice determines that the accused is an accused referred to in section 493.2, they shall also include a statement indicating how they considered their particular circumstances, as required under that section.

    [...]


  5. Criminal Code - R.S.C., 1985, c. C-46 (FORM 5.04 : Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis)

    [...]

    [...]

    • (a) has been found not criminally responsible on account of mental disorder for (offence), which, on the day on which the finding was made, was a primary designated offence within the meaning of section 487.04 of the Criminal Code, or

    • (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was a secondary designated offence within the meaning of section 487.04 of the Criminal Code;

    Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court;

    [...]

    Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

    [...]


Date modified: