Mandat d'arrestation
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Principes généraux
Un mandat est l'un des nombreux moyens permettant d'assurer la comparution d'une personne au tribunal. Il s'agit généralement de l'accusé. Plusieurs articles du Code traitent des pouvoirs liés aux mandats d'arrêt en fonction des circonstances.
- Release from custody — arrest with warrant
499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 [Infractions pertinentes d'une compétence exclusive] and the warrant has been endorsed by a justice under subsection 507(6) [approbation du mandat par le juge], a peace officer may release the person, if
- (a) the peace officer issues an appearance notice to the person; or
- (b) the person gives an undertaking to the peace officer.
R.S., 1985, c. C-46, s. 499; R.S., 1985, c. 27 (1st Supp.), s. 186; 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5(Preamble); 2019, c. 25, s. 214.
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This provision came into force on 18 décembre 2019.
- Youth Court Justice
Any warrant issued by a youth court justice may be executed anywhere in Canada.[1]
- ↑ see s. 145 YCJA: "145 A warrant issued by a youth justice court may be executed anywhere in Canada."
Issuing Warrant for an Accused at First Instance and Issuing Process
Issuing Warrant for an Accused After They Failed to Attend Court
Issuing Warrant for Breaches of Orders
Issuing Warrant for Witness
Form of Arrest Warrants
- Contents of warrant to arrest
511 (1) A warrant issued under this Part [Pt. XVI – Mesures concernant la comparution d’un prévenu devant un juge de paix et la mise en liberté provisoire (art. 493 à 529.5)] shall
- (a) name or describe the accused;
- (b) set out briefly the offence in respect of which the accused is charged; and
- (c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.
[omis (2), (3) and (4)]
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
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511
[omis (1)]
- No return day
(2) A warrant issued under this Part [Pt. XVI – Mesures concernant la comparution d’un prévenu devant un juge de paix et la mise en liberté provisoire (art. 493 à 529.5)] remains in force until it is executed and need not be made returnable at any particular time.
[omis (3) and (4))]
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
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- Formalities of warrant
513 A warrant in accordance with this Part [Pt. XVI – Mesures concernant la comparution d’un prévenu devant un juge de paix et la mise en liberté provisoire (art. 493 à 529.5)] shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.
R.S., c. 2(2nd Supp.), s. 5.
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Execution of Arrest Warrant
511
[omis (1) and (2)]
- Discretion to postpone execution
(3) Notwithstanding paragraph (1)(c) [contenu du mandat d'arrêt – arrestation et remise devant un juge ou un juge de paix], a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
- Deemed execution of warrant
(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
R.S., 1985, c. C-46, s. 511; R.S., 1985, c. 27 (1st Supp.), s. 81; 1997, c. 18, s. 57.
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- Execution of warrant
514 (1) A warrant in accordance with this Part [Pt. XVI – Mesures concernant la comparution d’un prévenu devant un juge de paix et la mise en liberté provisoire (art. 493 à 529.5)] may be executed by arresting the accused
- (a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or
- (b) wherever he is found in Canada, in the case of fresh pursuit.
- By whom warrant may be executed
(2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.
R.S., c. 2(2nd Supp.), s. 5.
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Release After Warrant Arrest
Where an accused is arrested under a warrant the officer will not normally have discretion to release the accused before delivering the accused before a justice or judge. An exception exists under s. 503(3) where the warrant is "endorsed" for release.
Special Issues
Outside Native Jurisdiction
Delayed Arrests
The practice of waiting to execute an arrest warrant until the accused has finished serving a previous sentence is considered inappropriate.[1]
Where the accused is easily locatable within the province, with no change of name, listed address, and no efforts to conceal his location, will lean to the side of unacceptable delay.[2]
A lack of effort on the part of the police will support unreasonable delay.[3]
- ↑
R c Parisien, 1971 CanLII 1171 (BCCA), (1971) 3 CCC (2d) 433, par Branca JA, au p. 437
R c Cardinal, 1985 ABCA 157 (CanLII), 21 CCC (3d) 254, par Kerans JA - ↑
e.g. Gahan v A.G. Alberta, 1988 CanLII 3471 (AB QB), , [1988] AJ No 415 (QB), par O'Leary J
R c Carey, [1983] BCJ No. 307 (County Ct.)(*pas de liens CanLII)
- ↑ e.g. R c Yellowhorse, [1990] AJ No 964 (Prov.Ct.)(*pas de liens CanLII)
Arresting the Wrong Person
- Arrest of wrong person
28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.
- Person assisting
(2) Where a person is authorized to execute a warrant to arrest,
- (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and
- (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,
is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.
R.S., c. C-34, s. 28.
Arrest Warrant for SOIRA Order Breach
- Warrant to arrest
490.03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.4 authorizing a peace officer to arrest the person and, despite section 7.1 of that Act, bring them to any registration centre to remedy the contravention.
- Conditions
(2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.
- Execution of warrant
(3) The warrant may be executed anywhere in Canada.
- Warrant in force
(4) The warrant remains in force until it is executed, until a charge under section 490.031 is laid in respect of the contravention or until the person has remedied the contravention.
- No charge
(5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.1 of that Act that is remedied by the person after the warrant is issued. 2023, c. 28, s. 31.
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