SUMMARY

This enactment contains amendments to the Criminal Code that would enable peace officers to obtain judicial authorization to enter a dwelling-house to arrest or apprehend a person and would clarify that judicial authorization is not required in exigent circumstances or where federal or provincial law or the common law otherwise provides for a right of entry. This enactment would also amend the Interpretation Act to provide powers similar to those of judges or justices under the Criminal Code to persons issuing warrants of arrest or apprehension under other Acts of Parliament.

EXPLANATORY NOTES

Criminal Code

Clause 1: This amendment would add the underlined words.

Clause 2: New.

Clause 3: Form 7.1 is new. Form 7 in Part XXVIII reads as follows:

FORM 7

(Sections 475, 493, 597, 800 and 803)

WARRANT FOR ARREST

Canada,
Province of ................,
(territorial division).

To the peace officers in the said (territorial division):

This warrant is issued for the arrest of A.B., of ................, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused is charged);

And whereas:*

    (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];

    (b) the accused failed to attend court in accordance with the summons served on him [512(2)];

    (c) (an appearance notice or a promise to appear or a recognizance entered into before an officer in charge) was confirmed and the accused failed to attend court in accordance therewith [512(2)];

    (d) it appears that a summons cannot be served because the accused is evading service [512(2)];

    (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];

    (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (promise to appear or undertaking or recognizance) on which he was released [524(1), 525(5), 679(6)];

    (g) there are reasonable grounds to believe that the accused has since his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence [524(1), 525(5), 679(6)];

    (h) the accused was required by (an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or a summons) to attend at a time and place stated therein for the purposes of the Identification of Criminals Act and did not appear at that time and place [502, 510];

    (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for his trial [597];

    (j) * *

This is, therefore, to command you, in Her Majesty's name, forthwith to arrest the said accused and to bring him before (state court, judge or justice), to be dealt with according to law.

Dated this ................ day of ................ A.D. ........, at ................ .

........................................
Judge, Clerk of the Court,
Provincial Court Judge or Justice

* Initial applicable recital.

* * For any case not covered by recitals (a) to (i), insert recital in the words of the statute authorizing the warrant.

Interpretation Act

Clause 4: New.