``recognizanc
e'' « engagement »
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``recognizance'', when used in relation to a
recognizance entered into before an officer
in charge, or other peace officer, means a
recognizance in Form 11, and when used in
relation to a recognizance entered into
before a justice or judge, means a
recognizance in Form 32;
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``undertaking'
' « promesse »
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``undertaking'' means an undertaking in
Form 11.1 or 12;
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R.S., c. 27 (1st
Supp.), s. 186
(Sch. IV,
item 6)
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40. Section 499 of the Act is replaced by
the following:
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Release from
custody by
officer in
charge where
arrest made
with warrant
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499. (1) Where a person who has been
arrested with a warrant by a peace officer is
taken into custody for an offence other than
one mentioned in section 522, the officer in
charge may, if the warrant has been endorsed
by a justice under subsection 507(6),
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Additional
conditions
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(2) In addition to the conditions for release
set out in paragraphs (1)(a), (b) and (c), the
officer in charge may also require the person
to enter into an undertaking in Form 11.1 in
which the person, in order to be released,
undertakes to do one or more of the following
things:
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Application to
justice
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(3) A person who has entered into an
undertaking under subsection (2) may, at any
time before or at his or her appearance
pursuant to a promise to appear or
recognizance, apply to a justice for an order
under subsection 515(1) to replace his or her
undertaking, and section 515 applies, with
such modifications as the circumstances
require, to such a person.
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R.S., c. 27 (1st
Supp.), s. 76;
1992, c. 47,
s. 69
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41. Subsections 501(1) to (3) are replaced
by the following:
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Contents of
appearance
notice,
promise to
appear and
recognizance
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501. (1) An appearance notice issued by a
peace officer or a promise to appear given to,
or a recognizance entered into before, an
officer in charge or another peace officer shall
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Idem
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(2) An appearance notice issued by a peace
officer or a promise to appear given to, or a
recognizance entered into before, an officer in
charge or another peace officer shall set out
the text of subsections 145(5) and (6) and
section 502.
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Attendance
for purposes
of
Identification
of Criminals
Act
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(3) An appearance notice issued by a peace
officer or a promise to appear given to, or a
recognizance entered into before, an officer in
charge or another peace officer may, where the
accused is alleged to have committed an
indictable offence, require the accused to
appear at a time and place stated in it for the
purposes of the Identification of Criminals
Act, and a person so appearing is deemed, for
the purposes only of that Act, to be in lawful
custody charged with an indictable offence.
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42. Subsection 503(2) of the Act is
replaced by the following:
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Conditional
release
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(2) Where a peace officer or an officer in
charge is satisfied that a person described in
subsection (1) should be released from
custody conditionally, the officer may, unless
the person is detained in custody for an
offence mentioned in section 522, release that
person on the person's giving a promise to
appear or entering into a recognizance in
accordance with paragraphs 498(1)(f) to (h)
and subsection (2.1).
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Undertaking
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(2.1) In addition to the conditions referred
to in subsection (2), the peace officer or officer
in charge may, in order to release the person,
require the person to enter into an undertaking
in Form 11.1 in which the person undertakes
to do one or more of the following things:
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Application to
justice
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(2.2) A person who has entered into an
undertaking under subsection (2.1) may, at
any time before or at his or her appearance
pursuant to a promise to appear or
recognizance, apply to a justice for an order
under subsection 515(1) to replace his or her
undertaking, and section 515 applies, with
such modifications as the circumstances
require, to such a person.
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R.S., c. 27 (1st
Supp.),
s. 78(3)
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43. Subsection 507(6) of the Act is
replaced by the following:
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Endorsement
of warrant by
justice
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(6) A justice who issues a warrant under this
section or section 508 or 512 may, unless the
offence is one mentioned in section 522,
authorize the release of the accused pursuant
to section 499 by making an endorsement on
the warrant in Form 29.
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44. (1) Section 515 of the Act is amended
by adding the following after subsection
(2.1):
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Alternative to
physical
presence
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(2.2) Where, by this Act, the appearance of
an accused is required for the purposes of
judicial interim release, the appearance shall
be by actual physical attendance of the
accused but the justice may, where the
prosecutor and the accused so agree, allow the
accused to appear by means of any suitable
telecommunication device, including
telephone, that is satisfactory to the justice.
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(2) Section 515 of the Act is amended by
adding the following after subsection (11):
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Order re no
communicatio
n
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(12) A justice who orders that an accused be
detained in custody under this section may
include in the order a direction that the
accused abstain from communicating with
any witness or other person named in the
order, except in accordance with such
conditions specified in the order as the justice
deems necessary.
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45. Paragraph 518(1)(b) of the Act is
replaced by the following:
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R.S., c. 27 (1st
Supp.),
s. 86(1)
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46. Subsection 520(1) of the Act is
replaced by the following:
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Review of
order of
justice
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520. (1) Where a justice makes an order
under subsection 515(2), (5), (6), (7), (8)
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 made by the
justice.
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R.S., c. 27 (1st
Supp.),
s. 87(1)
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47. Subsection 521(1) of the Act is
replaced by the following:
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Review of
order of
justice
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521. (1) Where a justice makes an order
under subsection 515(1), (2), (7), (8) 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 made by the
justice.
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48. Section 522 of the Act is amended by
adding the following after subsection (2):
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Order re no
communicatio
n
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(2.1) A judge referred to in subsection (2)
who orders that an accused be detained in
custody under this section may include in the
order a direction that the accused abstain from
communicating with any witness or other
person named in the order except in
accordance with such conditions specified in
the order as the judge deems necessary.
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R.S., c. 27 (1st
Supp.),
s. 90(4)
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49. Subsection 525(9) of the Act is
replaced by the following:
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Directions for
expediting
trial
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(9) Where an accused is before a judge
under any of the provisions of this section, the
judge may give directions for expediting the
trial of the accused.
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R.S., c. 27 (1st
Supp.), s. 203
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50. (1) Subsection 527(1) of the Act is
replaced by the following:
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Procuring
attendance
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527. (1) A judge of a superior court of
criminal jurisdiction may order in writing that
a person who is confined in a prison be brought
before the court, judge, justice or provincial
court judge before whom the prisoner is
required to attend, from day to day as may be
necessary, if
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R.S., c. 27 (1st
Supp.), s. 92
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(2) Subsection 527(7) of the Act is
replaced by the following:
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Transfer of
prisoner
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(7) On application by the prosecutor, a
judge of a superior court of criminal
jurisdiction may, if the prisoner consents in
writing, order the transfer of a prisoner to the
custody of a peace officer named in the order
for a period specified in the order where the
judge is satisfied that the transfer is required
for the purpose of assisting a peace officer
acting in the execution of his or her duties.
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51. Section 528 of the Act is amended by
adding the following after subsection (1):
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Copy of
affidavit or
warrant
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(1.1) A copy of an affidavit or warrant
submitted by a means of telecommunication
that produces a writing has the same probative
force as the original for the purposes of
subsection (1).
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52. Section 529 of the Act and the heading
before it are repealed.
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53. (1) Paragraph 537(1)(a) of the Act is
replaced by the following:
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(2) Subsection 537(1) is amended by
striking out the word ``and'' at the end of
paragraph (h), by adding the word ``and''
at the end of paragraph (i) and by adding
the following after paragraph (i):
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R.S., c. 27 (1st
Supp.), s. 99
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54. Section 541 of the Act is replaced by
the following:
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Hearing of
witnesses
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541. (1) When the evidence of the witnesses
called on the part of the prosecution has been
taken down and, where required by this Part,
has been read, the justice shall, subject to this
section, hear the witnesses called by the
accused.
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Contents of
address to
accused
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(2) Before hearing any witness called by an
accused who is not represented by counsel, the
justice shall address the accused as follows or
to the like effect:
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``Do you wish to say anything in answer to
these charges or to any other charges which
might have arisen from the evidence led by the
prosecution? You are not obliged to say
anything, but whatever you do say may be
given in evidence against you at your trial.
You should not make any confession or
admission of guilt because of any promise or
threat made to you but if you do make any
statement it may be given in evidence against
you at your trial in spite of the promise or
threat.''
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Statement of
accused
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(3) Where the accused who is not
represented by counsel says anything in
answer to the address made by the justice
pursuant to subsection (2), the answer shall be
taken down in writing and shall be signed by
the justice and kept with the evidence of the
witnesses and dealt with in accordance with
this Part.
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Witnesses for
accused
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(4) Where an accused is not represented by
counsel, the justice shall ask the accused if he
or she wishes to call any witnesses after
subsections (2) and (3) have been complied
with.
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Depositions of
such witnesses
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(5) The justice shall hear each witness
called by the accused who testifies to any
matter relevant to the inquiry, and for the
purposes of this subsection, section 540
applies with such modifications as the
circumstances require.
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55. Subsection 544(5) of the Act is
replaced by the following:
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Accused
calling
witnesses
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(5) Where, at the conclusion of the evidence
on the part of the prosecution at a preliminary
inquiry that has been continued pursuant to
subsection (1), the accused is absent but
counsel for the accused is present, he or she
shall be given an opportunity to call witnesses
on behalf of the accused and
subsection 541(5) applies with such
modifications as the circumstances require.
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56. Section 548 of the Act is amended by
adding the following after subsection (2):
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Where
accused
ordered to
stand trial
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(2.1) A justice who orders that an accused
is to stand trial has the power to fix the date for
the trial or the date on which the accused must
appear in the trial court to have that date fixed.
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R.S., c. 27 (1st
Supp.), s. 104
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57. (1) The portion of paragraph 553(a) of
the Act after subparagraph (v) is replaced
by the following:
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R.S., c. 27 (1st
Supp.), s. 104
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(2) The portion of paragraph 553(b) of
the Act before subparagraph (i) is replaced
by the following:
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R.S., c. 27 (1st
Supp.), s. 106
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58. Subsection 555(2) of the Act is
replaced by the following:
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Where
subject-matter
is a
testamentary
instrument or
exceeds
$5,000 in
value
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(2) Where an accused is before a provincial
court judge charged with an offence
mentioned in paragraph 553(a) or
subparagraph 553(b)(i), and, at any time
before the provincial court judge makes an
adjudication, the evidence establishes that the
subject-matter of the offence is a testamentary
instrument or that its value exceeds five
thousand dollars, the provincial court judge
shall put the accused to his or her election in
accordance with subsection 536(2).
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R.S., c. 27 (1st
Supp.), s. 112
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59. (1) Subsection 570(1) of the Act is
replaced by the following:
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Record of
conviction or
order
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570. (1) Where an accused who is tried
under this Part is determined by a judge or
provincial court judge to be guilty of an
offence on acceptance of a plea of guilty or on
a finding of guilt, the judge or provincial court
judge, as the case may be, shall endorse the
information accordingly and shall sentence
the accused or otherwise deal with the accused
in the manner authorized by law and, on
request by the accused, the prosecutor, a peace
officer or any other person, shall cause a
conviction in Form 35 and a certified copy of
it, or an order in Form 36 and a certified copy
of it, to be drawn up and shall deliver the
certified copy to the person making the
request.
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(2) Section 570 of the Act is amended by
adding the following after subsection (5):
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Admissibility
of certified
copy
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(6) Where a warrant of committal is issued
by a clerk of a court, a copy of the warrant of
committal, certified by the clerk, is admissible
in evidence in any proceeding.
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60. The Act is amended by adding the
following after section 579:
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