46 ELIZABETH II

CHAPTER 39

An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings)

[Assented to 18th December, 1997]

Preamble

Whereas the Parliament of Canada recognizes that the measures provided for in this Act must be consistent with the rights and freedoms guaranteed in the Canadian Charter of Rights and Freedoms and, in particular, the right to a reasonable expectation of privacy within one's dwelling-house;

Whereas the Parliament of Canada recognizes that there is a societal interest in having a clear legislative framework to regulate the entry of peace officers into a dwelling-house for the purposes of arresting or apprehending a person where a warrant for the arrest or apprehension of that person or the grounds to arrest that person exist;

Whereas the Parliament of Canada recognizes that there is a societal interest in the proper administration of justice including effective law enforcement, and that to achieve effective law enforcement, peace officers must be granted the power to enter a dwelling-house to arrest or apprehend persons who they believe have committed a criminal offence or have breached the provisions of an Act of Parliament other than the Criminal Code for which arrest or apprehension is authorized;

Whereas the Parliament of Canada recognizes that while it is necessary for peace officers to obtain prior judicial authorization to enter a dwelling-house in order to arrest or apprehend a person, circumstances may nonetheless exist that justify entry into a dwelling-house for such a purpose in the absence of prior judicial authorization;

Whereas the Parliament of Canada recognizes the societal importance of providing peace officers with the ability to effectively respond to urgent calls for assistance, particularly in the context of domestic violence;

Whereas the Parliament of Canada declares that nothing in this Act is intended to limit or restrict the circumstances under which peace officers may be justified in entering a dwelling-house for the purposes of arrest or apprehension in the absence of prior judicial authorization, under this or any other Act or law, including the common law;

And Whereas the Parliament of Canada declares that nothing in this Act is intended to limit or restrict the ability of peace officers to enter a dwelling-house for purposes other than arrest or apprehension, under this or any other Act or law, including the common law;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

CRIMINAL CODE

1997, c. 23, s. 14

1. The portion of subsection 487.3(1) of the Criminal Code before paragraph (a) is replaced by the following:

Order denying access to information used to obtain any warrant

487.3 (1) A judge or justice may, on application made at the time of issuing a warrant under this or any other Act of Parliament or of granting an authorization to enter a dwelling-house under section 529 or an authorization under section 529.4 or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant or authorization on the ground that

2. The Act is amended by adding the following after section 528:

Powers to Enter Dwelling-houses to Carry out Arrests

Including authorization to enter in warrant of arrest

529. (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house.

Execution

(2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

Warrant to enter dwelling-
house

529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

    (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

    (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b); or

    (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

Reasonable terms and conditions

529.2 Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.

Authority to enter dwelling without warrant

529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

Exigent circumstances

(2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer

    (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or

    (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

Omitting announce-
ment before entry

529.4 (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would

    (a) expose the peace officer or any other person to imminent bodily harm or death; or

    (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

Execution of authorization

(2) An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house,

    (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

Exception

(3) A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house,

    (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

Telewarrant

529.5 If a peace officer believes that it would be impracticable in the circumstances to appear personally before a judge or justice to make an application for a warrant under section 529.1 or an authorization under section 529 or 529.4, the warrant or authorization may be issued on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with any modifications that the circumstances require, to the warrant or authorization.

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

3. Form 7 in Part XXVIII of the Act is replaced by the following:

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.

(Add where applicable) Whereas there are reasonable grounds to believe that the accused may be present in (here describe dwelling-house);

This warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

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.

FORM 7.1

(Section 529.1)

WARRANT TO ENTER DWELLING-HOUSE

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

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

This warrant is issued in respect of the arrest of A.B., or a person with the following description ( ), of ................, (occupation).

Whereas there are reasonable grounds to believe:*

    (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

    (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) of the Criminal Code; or

    (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act;

And whereas there are reasonable grounds to believe that the person is or will be present in (here describe dwelling-house);

This warrant is issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the person.

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

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

* Initial applicable recital.