Mutual Legal Assistance in Criminal Matters Act

Marginal note:Arrest warrant

• 23 (1) The judge who made the order under subsection 18(1) or section 22.2 or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath, that

  • (a) the person did not attend or remain in attendance as required by the order or is about to abscond;

  • (b) the order was personally served on the person; and

  • (c) in the case of an order made under subsection 18(1), the person is likely to give material evidence and, in the case of an order under section 22.2, the state or entity believes that the testimony of the person would be relevant to the prosecution of the offence.

• Marginal note:Warrant effective throughout Canada

  (2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer.

• Marginal note:Order

  (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or released on recognizance, with or without sureties.

• Marginal note:Copy of information

  (4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled to receive, on request, a copy of the information on which the warrant was issued.