An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
216 The Act is amended by adding the following before section 503:
Marginal note:Appearance of the accused
502.1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.
Marginal note:Witness in Canada
(2) Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.
Marginal note:Witness outside Canada
(3) For greater certainty, sections 714.2 to 714.8 apply when a witness outside Canada gives evidence in a proceeding under this Part.
Marginal note:Participants
(4) A participant, as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.
Marginal note:Justice
(5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.
Marginal note:1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:
Marginal note:Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
(a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and
(b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Marginal note:Re-evaluation of detention
(1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if
Marginal note:Person delivered or in custody
(2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.
Marginal note:R.S., c. 27 (1st Supp.), s. 77
(2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following:
(a) without conditions; or
Marginal note:R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)
(3) Paragraph 503(3.1)(b) of the Act is replaced by the following:
(b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.
(4) Subsection 503(4) of the Act is replaced by the following:
Marginal note:Release of person about to commit indictable offence
(4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.
(5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Consequences of non-release
(5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(6) Paragraph 503(5)(b) of the Act is replaced by the following:
(b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).
218 Section 505 of the Act is replaced by the following:
Marginal note:Time within which information to be laid in certain cases
505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
Marginal note:1994, c. 44, s. 43
219 Subsections 507(6) and (7) of the Act are replaced by the following:
Marginal note:Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Marginal note:Undertaking or appearance notice deemed confirmed
(7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.
Marginal note:R.S., c. 27 (1st Supp.), s. 79
220 Paragraphs 508(1)(b) and (c) of the Act are replaced by the following:
(b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,
(i) confirm the appearance notice or undertaking and endorse the information accordingly, or
(ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
(c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.
221 Subsection 509(4) of the Act is replaced by the following:
Marginal note:Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).
Marginal note:1992, c. 47, s. 72; 1996, c. 7, s. 38
222 Section 510 of the Act is repealed.
Marginal note:1997, c. 18, s. 58(1)
223 (1) Paragraph 512(1)(a) of the Act is replaced by the following:
(a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);
(2) Paragraph 512(1)(c) of the Act is replaced by the following:
(c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.
Marginal note:1997, c. 18, s. 58(2)
(3) Paragraph 512(2)(b) of the Act is replaced by the following:
(b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or
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