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)
338 (1) The paragraph of Form 15 of Part XXVIII of the Act that begins with “And whereas” and ends with “charge;” is replaced by the following:
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);
(2) The portion of Form 15 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “division).” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 203
339 (1) The paragraph of Form 18 of Part XXVIII of the Act that begins with “And Whereas” and ends with “abscond);” is replaced by the following:
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);Marginal note:R.S., c. 27 (1st Supp.), s. 203
(2) The portion of Form 18 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “Code.” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(9)
340 The portion of Form 19 of Part XXVIII of the Act after the portion that begins with “Person” and ends with “Remanded to” is replaced by the following:
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 (date), at (hour), at (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), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
341 Form 20 of Part XXVIII of the Act is replaced by the following:
FORM 20(Section 545)Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of , in this warrant called the accused, has been charged that (set out offence as in the information);
And whereas E.F. of , 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 or 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 , 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 days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
342 The portion of Form 22 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “of ;” is replaced by the following:
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at , 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 , 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), at (place).
(Signature of provincial court judge, justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
343 Form 24 of Part XXVIII of the Act is replaced by the following:
FORM 24(Section 550)Warrant of Committal of Witness for Failure to Enter into Recognizance
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);
And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at 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 keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
344 Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25(Section 708)Warrant of Committal for Contempt
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place):
Because E.F. of , in this warrant called the defaulter, was on (date) , at (place), convicted before for contempt because the defaulter 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 regard, as the case may be) and did not show any sufficient excuse for the default;
And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)
Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at and there deliver them to its keeper, together with the following order:
You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely thereFootnote * and for so doing this is a sufficient warrant.
Return to footnote *Insert whichever of the following is applicable:
(a) for the term of
;(b) for the term of
, unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;(c) for the term of
and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(11)(E)
345 (1) The portion of Form 27 of Part XXVIII of the Act after the paragraph that begins with “You are” and ends with “precept:” is replaced by the following:
You, the keeper, are ordered to receive the defaulters into your custody in this prison and keep them safely there 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 (date).Dated (date)
, at (place).(Signature of judge of the court or clerk of the court)
(Seal, if required)
(2) Form 27 of Part XXVIII of the Act is replaced by the following:
FORM 27(Section 773)Warrant of Committal on Forfeiture of Amounts
Canada,
Province of
,(territorial division).
To the sheriff of (territorial division) and to the keeper of the (prison) at (place).
This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.
You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at
, and deliver them to its keeper, with the following order:You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of
or until satisfaction is made of a judgment debt of , due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).Dated (date), at (place).
(Signature of judge of the court or clerk of the court)
(Name of judge who has issued this warrant of committal)
(Seal, if required)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(12)
346 Form 28 of Part XXVIII of the Act is replaced by the following:
FORM 28(Section 528)Endorsement of Warrant
Canada,
Province of ,
(territorial division).
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)
347 Form 30 of Part XXVIII of the Act is replaced by the following:
FORM 30(Section 537)Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand
Canada,
Province of ,
(territorial division).
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)
Marginal note:R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
348 (1) The portion of Form 32 of Part XXVIII of the Act after the reference to “(territorial division).” and before the number 1 is replaced by the following:
Be it remembered that on this day the persons named in the following schedule personally came before me (or if the signatory is the clerk of the court, before the judge, provincial court judge or justice, as the case may be) and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely,
Name Address Occupation Amount A.B C.D E.F to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if A.B. fails in any of the conditions set out below.
Taken and acknowledged before me (or if the signatory is the clerk of the court, the judge, provincial court judge or justice, as the case may be) on (date)
, at (place).Dated (date)
, at (place).(Signature of judge, provincial court judge, justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
(2) Paragraphs (d) and (e) of Form 32 of Part XXVIII of the Act after the heading “Schedule of Conditions” are replaced by the following:
(d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the judge, provincial court judge or justice specifies);
(e) deposits their passport (as the judge, provincial court judge or justice directs); and
(3) Form 32 of Part XXVIII of the Act is replaced by the following:
FORM 32(Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832)Recognizance
Canada,
Province of
(territorial division)
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 of employer (if any):
2 Financial Promise or Deposit
Pursuant to
(provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ , or the other valuable security described here: I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited.
3 Conditions
(List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.)
4 Variation
I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied.
5 Conditions in effect
I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
6 Signatures
PERSON WHO IS GIVING RECOGNIZANCE:
I understand the contents of this form and agree to comply with the conditions that are listed above.
Signed on
(date), at (place).(Signature of the person)(Print name)SURETY (if applicable):
I understand my role and my responsibilities under this recognizance and I agree to act as a surety.
I agree to (promise or deposit) as security to the court the amount of $
I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited.
Surety Declaration (if applicable)
□ Surety Declaration attached. (Section 515.1 of the Criminal Code.)
□ Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.)
Signed on
(date), at (place).(Signature of the Surety)(Print name)JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT:
Signed on
(date), at (place).(Signature of the judge, provincial court judge, justice or clerk of the court)(Print name)
List of Conditions
(a) has a surety (sections 462.34, 490.9, 550, 779, 810, 817 and 832 of the Criminal Code);
(b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(d) participates in a treatment program (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01 and 810.2 of the Criminal Code);
(g) returns to and remains at their place of residence at specified times (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);
(k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.1 of the Criminal Code);
(l) abstains from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code);
(m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);
(n) appears in court as required (sections 550, 706 and 707 of the Criminal Code);
(o) in the case where a warrant was issued under section 462.32 of the Criminal Code or a restraint order was made under subsection 462.33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.34 of the Criminal Code);
(p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code);
(q) any other reasonable conditions, including:
– reports at specified times to peace officer or other person designated;
– remains within designated territorial jurisdiction;
– notifies peace officer or other person designated of any change in their address, employment or occupation;
– abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and
– deposits all their passports as the judge, provincial court judge or justice directs.
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