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)
Marginal note:1997, c. 18, s. 60
226 Section 515.1 of the Act is replaced by the following:
Marginal note:Declaration of surety
515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out
(a) their name, date of birth and contact information;
(b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;
(c) their relationship to the accused;
(d) the name and date of birth of any other accused for whom they act as a surety;
(e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;
(f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;
(g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and
(h) a description of the contents of their criminal record and any outstanding charges against them, if any.
Marginal note:Exception
(2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if
(a) the prosecutor consents to it; or
(b) the judge, justice or court is satisfied that
(i) the person cannot reasonably provide a declaration in the circumstances,
(ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and
(iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.
Marginal note:Means of telecommunication
(3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.
227 Section 516 of the Act is amended by adding the following after subsection (2):
Marginal note:Duration of order
(3) An order made under subsection (2) remains in force,
Marginal note:R.S., c. 27 (1st Supp.), s. 85
228 (1) The portion of subsection 519(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Release of accused
519 (1) If a justice makes a release order under section 515,
(2) Subsection 519(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.
229 The Act is amended by adding the following after section 519:
Marginal note:Variation of release order with consent
519.1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.
Marginal note:1999, c. 3, s. 31
230 Subsection 520(1) of the Act is replaced by the following:
Marginal note:Review of order
520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
Marginal note:1999, c. 3, s. 32
231 Subsection 521(1) of the Act is replaced by the following:
Marginal note:Review of order
521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
Marginal note:1999, c. 25, s. 10
232 Subsection 522(3) of the Act is replaced by the following:
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:R.S., c. 27 (1st Supp.), s. 89(1)
233 (1) The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Period for which appearance notice, etc., continues in force
523 (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,
Marginal note:R.S., c. 27 (1st Supp.), s. 89(3); 2011, c. 16, s. 2(1)
(2) Subsections 523(1.1) and (1.2) of the Act are replaced by the following:
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:1999, c. 3, s. 33
234 Section 524 of the Act and the heading before it are replaced by the following:
Proceedings Respecting Failure to Comply with Release Conditions
Marginal note:Judicial referral hearing
523.1 (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
524 (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.
- Date modified: