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Canada, Province of ...................., (territo
rial division).
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I, A.B., of ................, (occupation), under
stand that it is alleged that I have committed
(set out substance of offence).
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In order that I may be released from custody,
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1. I promise to attend court on .......... day, the
.......... day of ................ A.D. ........, at
............ o'clock in the ........ noon, in court
room No. ........, at ............ court, in the mu
nicipality of ................, and to attend thereaf
ter as required by the court, in order to be dealt
with according to law.
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2. I also promise to appear on ............ day,
the .......... day of ................ A.D. ........, at
............. o'clock in the ........ noon, at
................... (police station), (address), for
the purposes of the Identification of Criminals
Act. (Ignore if not filled in.)
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I understand that failure without lawful ex
cuse to attend court in accordance with this
promise to appear is an offence under subsec
tion 145(5) of the Criminal Code.
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Subsections 145(5) and (6) of the Criminal
Code state as follows:
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``(5) Every person who is named in an
appearance notice or promise to appear, or
in a recognizance entered into before an
officer in charge or another peace officer,
that has been confirmed by a justice under
section 508 and who fails, without lawful
excuse, the proof of which lies on the
person, to appear at the time and place
stated therein, if any, for the purposes of the
Identification of Criminals Act or to attend
court in accordance therewith, is guilty of
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(a) an indictable offence and liable to
imprisonment for a term not exceeding
two years; or
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(b) an offence punishable on summary
conviction.
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(6) For the purposes of subsection (5), it is
not a lawful excuse that an appearance
notice, promise to appear or recognizance
states defectively the substance of the
alleged offence.''
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Section 502 of the Criminal Code states as
follows:
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``502. Where an accused who is required
by an appearance notice or promise to
appear or by a recognizance entered into
before an officer in charge or another peace
officer to appear at a time and place stated
therein for the purposes of the Identification
of Criminals Act does not appear at that time
and place, a justice may, where the appear
ance notice, promise to appear or recogni
zance has been confirmed by a justice under
section 508, issue a warrant for the arrest of
the accused for the offence with which the
accused is charged.''
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Dated this ............. day of ................ A.D.
........, at ................. .
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.................................. (Signature of accused)
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Canada, Province of ...................., (territo
rial division).
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I, A.B., of ................, (occupation), under
stand that it is alleged that I have committed
(set out substance of offence).
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In order that I may be released from custody,
I hereby acknowledge that I owe $ (not ex
ceeding $500) to Her Majesty the Queen to be
levied on my real and personal property if I fail
to attend court as hereinafter required.
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(or, for a person not ordinarily resident in the
province in which the person is in custody or
within two hundred kilometres of the place in
which the person is in custody)
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In order that I may be released from custody,
I hereby acknowledge that I owe $ (not ex
ceeding $500) to Her Majesty the Queen and
deposit herewith (money or other valuable se
curity not exceeding in amount or value $500)
to be forfeited if I fail to attend court as herein
after required.
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1. I acknowledge that I am required to attend
court on .......... day, the .......... day of ..........
A.D. ........, at .......... o'clock in the .............
noon, in courtroom No. ............., at
................ court, in the municipality of
................, and to attend thereafter as required
by the court, in order to be dealt with accord
ing to law.
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2. I acknowledge that I am also required to
appear on ........... day, the ................ day of
................ A.D. ........., at ............ o'clock in
the ........ noon, at .................. (police station),
(address), for the purposes of the Identifica
tion of Criminals Act. (Ignore if not filled in.)
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I understand that failure without lawful ex
cuse to attend court in accordance with this re
cognizance to appear is an offence under sub
section 145(5) of the Criminal Code.
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Subsections 145(5) and (6) of the Criminal
Code state as follows:
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``(5) Every person who is named in an
appearance notice or promise to appear, or
in a recognizance entered into before an
officer in charge or another peace officer,
that has been confirmed by a justice under
section 508 and who fails, without lawful
excuse, the proof of which lies on the
person, to appear at the time and place
stated therein, if any, for the purposes of the
Identification of Criminals Act or to attend
court in accordance therewith, is guilty of
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(a) an indictable offence and liable to
imprisonment for a term not exceeding
two years; or
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(b) an offence punishable on summary
conviction.
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(6) For the purposes of subsection (5), it is
not a lawful excuse that an appearance
notice, promise to appear or recognizance
states defectively the substance of the
alleged offence.''
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Section 502 of the Criminal Code states as
follows:
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``502. Where an accused who is required
by an appearance notice or promise to
appear or by a recognizance entered into
before an officer in charge or another peace
officer to appear at a time and place stated
therein for the purposes of the Identification
of Criminals Act does not appear at that time
and place, a justice may, where the appear
ance notice, promise to appear or recogni
zance has been confirmed by a justice under
section 508, issue a warrant for the arrest of
the accused for the offence with which the
accused is charged.''
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Dated this ............... day of ................ A.D.
........, at ................ .
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.................................. (Signature of accused)
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Canada, Province of ...................., (territo
rial division).
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I, A.B., of ................, (occupation), under
stand that it is alleged that I have committed
(set out substance of the offence).
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In order that I may be released from custody
by way of (a promise to appear or a recogni
zance), I undertake to (insert any conditions
that are directed):
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(a) remain within (designated territorial
jurisdiction);
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(b) notify (name of peace officer or other
person designated) of any change in my
address, employment or occupation;
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(c) abstain from communicating with
(name of witness or other person) or from
going to (name or description of place)
except in accordance with the following
conditions: (as the peace officer or other
person designated specifies);
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(d) deposit my passport with (name of peace
officer or other person designated);
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(e) to abstain from possessing a firearm and
to surrender to (name of peace officer or
other person designated) any firearm in my
possession and any authorization, licence or
registration certificate or other document
enabling the acquisition or possession of a
firearm;
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(f) report at (state times) to (name of peace
officer or other person designated); and
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(i) the consumption of alcohol or other
intoxicating substances, or
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(ii) the consumption of drugs except in
accordance with a medical prescription.
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I understand that I am not required to give an
undertaking to abide by the conditions speci
fied above, but that if I do not, I may be kept
in custody and brought before a justice so that
the prosecutor may be given a reasonable op
portunity to show cause why I should not be
released on giving an undertaking without
conditions.
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I understand that if I give an undertaking to
abide by the conditions specified above, then
I may apply, at any time before I appear, or
when I appear, before a justice pursuant to (a
promise to appear or a recognizance entered
into before an officer in charge or another
peace officer), to have this undertaking va
cated or varied and that my application will be
considered as if I were before a justice pur
suant to section 515 of the Criminal Code.
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I also understand that this undertaking re
mains in effect until it is vacated or varied.
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I also understand that failure without lawful
excuse to abide by any of the conditions speci
fied above is an offence under subsection
145(5.1) of the Criminal Code.
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Subsection 145(5.1) of the Criminal Code
states as follows:
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``(5.1) Every person who, without lawful
excuse, the proof of which lies on the
person, fails to comply with any condition
of an undertaking entered into pursuant to
subsection 499(2) or 503(2.1)
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(a) is guilty of an indictable offence and
is liable to imprisonment for a term not
exceeding two years; or
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(b) is guilty of an offence punishable on
summary conviction.''
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Dated this .............. day of ................ A.D.
........, at ................ .
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.................................. (Signature of accused)
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| R.S., c. C-5
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116. Subsection 5(2) of the Canada Evi
dence Act is replaced by the following:
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| Answer not
admissible
against
witness
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(2) Where with respect to any question a
witness objects to answer on the ground that
his answer may tend to criminate him, or may
tend to establish his liability to a civil
proceeding at the instance of the Crown or of
any person, and if but for this Act, or the Act
of any provincial legislature, the witness
would therefore have been excused from
answering the question, then although the
witness is by reason of this Act or the
provincial Act compelled to answer, the
answer so given shall not be used or admissi
ble in evidence against him in any criminal
trial or other criminal proceeding against him
thereafter taking place, other than a prosecu
tion for perjury in the giving of that evidence
or for the giving of contradictory evidence.
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| R.S., c. 27 (1st
Supp.), s. 203;
1993, c. 34, s.
15
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117. Section 23 of the Act is replaced by
the following:
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| Evidence of
judicial
proceedings,
etc.
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23. (1) Evidence of any proceeding or
record whatever of, in or before any court in
Great Britain, the Supreme Court, Federal
Court or Tax Court of Canada, any court in any
province, any court in any British colony or
possession or any court of record of the United
States, of any state of the United States or of
any other foreign country, or before any
justice of the peace or coroner in any province,
may be given in any action or proceeding by
an exemplification or certified copy of the
proceeding or record, purporting to be under
the seal of the court or under the hand or seal
of the justice or coroner or court stenographer,
as the case may be, without any proof of the
authenticity of the seal or of the signature of
the justice or coroner or court stenographer or
other proof whatever.
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| Certificate
where court
has no seal
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(2) Where any court, justice or coroner or
court stenographer referred to in subsection
(1) has no seal, or so certifies, the evidence
may be given by a copy purporting to be
certified under the signature of a judge or
presiding provincial court judge or of the
justice or coroner or court stenographer,
without any proof of the authenticity of the
signature or other proof whatever.
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118. Section 52 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (d), by adding the word ``and'' at
the end of paragraph (e) and by adding the
following after paragraph (e):
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(f) persons locally engaged and designated
by the Deputy Minister of Foreign Affairs
or any other person authorized by that
Deputy Minister while performing their
functions in any foreign country or in any
part of the Commonwealth and Dependent
Territories other than Canada.
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| R.S., c. 1 (2nd
Supp.)
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119. Section 163.1 of the Customs Act is
amended by adding the following after
subsection (2):
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(3) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under this section by reason only
that the peace officer or person possesses
property or the proceeds of property men
tioned in subsection (1) for the purposes of an
investigation or otherwise in the execution of
the peace officer's duties.
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| 1993, c. 25, s.
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120. (1) The portion of subsection
163.2(1) of the Act before paragraph (a) is
replaced by the following:
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| Laundering
proceeds of
certain
offences
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163.2 (1) No person shall use, transfer the
possession of, send or deliver to any person or
place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any
means, any property or any proceeds of any
property with intent to conceal or convert that
property or those proceeds and knowing or
believing that all or part of that property or
those proceeds was obtained or derived direct
ly or indirectly as a result of
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(2) Section 163.2 of the Act is amended by
adding the following after subsection (2):
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(3) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under this section by reason only
that the peace officer or person does any of the
things mentioned in subsection (1) for the
purposes of an investigation or otherwise in
the execution of the peace officer's duties.
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