``recognizanc e''
« engagement »

``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;

``undertaking' '
« promesse »

``undertaking'' means an undertaking in Form 11.1 or 12;

R.S., c. 27 (1st Supp.), s. 186 (Sch. IV, item 6)

40. Section 499 of the Act is replaced by the following:

Release from custody by officer in charge where arrest made with warrant

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),

    (a) release the person on the person's giving a promise to appear;

    (b) release the person on the person's entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs, but without deposit of money or other valuable security; or

    (c) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person's entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs and, if the officer in charge so directs, on depositing with the officer in charge such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs.

Additional conditions

(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:

    (a) to remain within a territorial jurisdiction specified in the undertaking;

    (b) to notify a peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;

    (c) to abstain from communicating with any witness or other person mentioned in the undertaking, or from going to a place mentioned in the undertaking, except in accordance with the conditions specified in the undertaking; and

    (d) to deposit the person's passport with the peace officer or other person mentioned in the undertaking.

Application to justice

(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.

R.S., c. 27 (1st Supp.), s. 76; 1992, c. 47, s. 69

41. Subsections 501(1) to (3) are replaced by the following:

Contents of appearance notice, promise to appear and recognizance

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

    (a) set out the name of the accused;

    (b) set out the substance of the offence that the accused is alleged to have committed; and

    (c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.

Idem

(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.

Attendance for purposes of Identification of Criminals Act

(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.

42. Subsection 503(2) of the Act is replaced by the following:

Conditional release

(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).

Undertaking

(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:

    (a) to remain within a territorial jurisdiction specified in the undertaking;

    (b) to notify the peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;

    (c) to abstain from communicating with any witness or other person mentioned in the undertaking, or from going to a place mentioned in the undertaking, except in accordance with the conditions specified in the undertaking; or

    (d) to deposit the person's passport with the peace officer or other person mentioned in the undertaking.

Application to justice

(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.

R.S., c. 27 (1st Supp.), s. 78(3)

43. Subsection 507(6) of the Act is replaced by the following:

Endorsement of warrant by justice

(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.

44. (1) Section 515 of the Act is amended by adding the following after subsection (2.1):

Alternative to physical presence

(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.

(2) Section 515 of the Act is amended by adding the following after subsection (11):

Order re no communicatio n

(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.

45. Paragraph 518(1)(b) of the Act is replaced by the following:

    (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

R.S., c. 27 (1st Supp.), s. 86(1)

46. Subsection 520(1) of the Act is replaced by the following:

Review of order of justice

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.

R.S., c. 27 (1st Supp.), s. 87(1)

47. Subsection 521(1) of the Act is replaced by the following:

Review of order of justice

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.

48. Section 522 of the Act is amended by adding the following after subsection (2):

Order re no communicatio n

(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.

R.S., c. 27 (1st Supp.), s. 90(4)

49. Subsection 525(9) of the Act is replaced by the following:

Directions for expediting trial

(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.

R.S., c. 27 (1st Supp.), s. 203

50. (1) Subsection 527(1) of the Act is replaced by the following:

Procuring attendance

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

    (a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and

    (b) the judge is satisfied that the ends of justice require that an order be made.

R.S., c. 27 (1st Supp.), s. 92

(2) Subsection 527(7) of the Act is replaced by the following:

Transfer of prisoner

(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.

51. Section 528 of the Act is amended by adding the following after subsection (1):

Copy of affidavit or warrant

(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).

52. Section 529 of the Act and the heading before it are repealed.

53. (1) Paragraph 537(1)(a) of the Act is replaced by the following:

    (a) adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason;

    (b) remand the accused to custody for the purposes of the Identification of Criminals Act;

(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):

    (j) where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken.

R.S., c. 27 (1st Supp.), s. 99

54. Section 541 of the Act is replaced by the following:

Hearing of witnesses

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.

Contents of address to accused

(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:

``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.''

Statement of accused

(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.

Witnesses for accused

(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.

Depositions of such witnesses

(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.

55. Subsection 544(5) of the Act is replaced by the following:

Accused calling witnesses

(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.

56. Section 548 of the Act is amended by adding the following after subsection (2):

Where accused ordered to stand trial

(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.

R.S., c. 27 (1st Supp.), s. 104

57. (1) The portion of paragraph 553(a) of the Act after subparagraph (v) is replaced by the following:

    where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars;

R.S., c. 27 (1st Supp.), s. 104

(2) The portion of paragraph 553(b) of the Act before subparagraph (i) is replaced by the following:

    (b) with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of

R.S., c. 27 (1st Supp.), s. 106

58. Subsection 555(2) of the Act is replaced by the following:

Where subject-matter is a testamentary instrument or exceeds $5,000 in value

(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).

R.S., c. 27 (1st Supp.), s. 112

59. (1) Subsection 570(1) of the Act is replaced by the following:

Record of conviction or order

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.

(2) Section 570 of the Act is amended by adding the following after subsection (5):

Admissibility of certified copy

(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.

60. The Act is amended by adding the following after section 579: