Comparution obligatoire de l'accusé sans arrestation

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• < Procédure et pratique
• < Obliger l'accusé à se présenter au tribunal

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Principes généraux

An accused can be compelled to attend court without arrest by means of either an appearance notice or a summons.

Appearance Notice

Section 497 concerns the issuing of an appearance notice without arrest:

Issue of appearance notice by peace officer

497 If, by virtue of subsection 495(2) [exception d'intérêt public au pouvoir d'arrestation], a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is

(a) an indictable offence mentioned in section 553 [absolute competence offenses];

(b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or

(c) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble); 2019, c. 25, s. 212.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Where an officer provides an appearance notice, the notice must be confirmed under s. 505 and 508.

An "appearance notice" is defined under s. 493 as "a notice in Form 9 issued by a peace officer".

If an accused refuses to sign an appearance notice, that is not a reason to detain. The signature "merely permits the appearance notice to be confirmed by a justice of the peace". Without it the officer would need to adduce proof of service.

A failure of a judge to confirm an appearance notice does not remove the judge's jurisdiction over the matter. The defect can be cured by the accused's attendance.

Appearance notices can be issued after arrest under s. 497 or 498.

Appearance Notice for Breach of Conditions

Appearance notice for judicial referral hearing

496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1 [audience de renvoi judiciaire].

R.S., c. C-34, s. 451; R.S., c. 2(2nd Supp.), s. 5; 2019, c. 25, s. 212.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Contents of Appearance Notice

Contents of appearance notice

500 (1) An appearance notice shall

(a) set out the name, date of birth and contact information of the accused;

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

(c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and

(d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 [audience de renvoi judiciaire] for a failure under section 496 [Avis de comparution pour audience de renvoi judiciaire].

Summary of consequences — failure to appear

(2) An appearance notice shall set out a summary of subsections 145(3) [défaut de se conformer à une convocation ou à une assignation] and (6) [dispositions relatives au défaut de se conformer – aucune excuse lorsque l'infraction est mal décrite], section 512.2 [Mandat d'arrêt – défaut de comparaître sous citation à comparaître ou engagement] and subsection 524(4) [allégations de manquement – renvoi après annulation] and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1 [audience de renvoi judiciaire].

Attendance for purposes of Identification of Criminals Act

(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.

Signature of accused

(4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

2019, c. 25, s. 215; 2022, c. 17, s. 28.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Issuing a Summons Without Arrest

A summons can be issued under s. 493, 508 or 512.

Summons vs Arrest and Release

A summons has no connection to the powers of arrest or judicial release. The subject is simply compelled to attend court and nothing more.

Content of Summons

Summons

509 (1) A summons 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) be directed to the accused;

(b) set out briefly the offence in respect of which the accused is charged; 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.

Service on individual

(2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
(3) [Repealed, 2008, c. 18, s. 17]

Summary of certain provisions

(4) The summons must set out a summary of subsection 145(3) [défaut de se conformer à une convocation ou à une assignation], section 512.1 [Mandat d'arrêt – défaut de comparaître en vertu d'une assignation] and subsection 524(4) [allégations de manquement – renvoi après annulation].

Attendance for purposes of Identification of Criminals Act

(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.
R.S., 1985, c. C-46, s. 509; R.S., 1985, c. 27 (1st Supp.), s. 80; 1992, c. 47, s. 71; 1996, c. 7, s. 38; 2008, c. 18, s. 17; 2019, c. 25, s. 221; 2022, c. 17, s. 31.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Fingerprinting

A summons for the purpose of attending for fingerprinting is only permitted when there is a concurrent order to attend court relating to charges.

Procedure

A person who is to be summons should be given a notice under Form 6 of the Code.

Summons - Identification of Criminals Act

Summons — Identification of Criminals Act

485.2 (1) A justice or judge may, on application in writing and on oath in Form 6.1 , issue a summons, in Form 6.2 , requiring an accused or offender to appear at a time and place stated in it for the purposes of the Identification of Criminals Act if

(a) the accused is charged with, or the offender has been determined to be guilty of, an offence referred to in paragraph 2(1)(c) of that Act;

(b) the accused or offender was previously required to appear for the purposes of that Act and the measurements, processes or operations referred to in that Act were not completed; and

(c) the justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional.

Limitation

(2) Subsection (1) applies in respect of an offender only if proceedings are ongoing in relation to the matter for which they were previously required to appear for the purposes of the Identification of Criminals Act and for which the sentencing proceedings have not concluded.

Reasons

(3) The application must state the reasons why the measurements, processes or operations were not completed.

Ex parte application

(4) A justice or judge may proceed ex parte to determine an application made under subsection (1) .

Application — telecommunication

(5) The application may also be made by any means of telecommunication that produces a writing.

Alternative to oath

(6) A person who uses a means of telecommunication referred to in subsection (5) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the application are true to their knowledge and belief, and that statement is deemed to be a statement made under oath.

Contents of summons

(7) The summons must

(a) be directed to the accused or offender;

(b) set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; and

(c) set out a summary of subsection 145(3) , section 512.1 [Mandat d'arrêt – défaut de comparaître en vertu d'une assignation] and subsection 524(4) [allégations de manquement – renvoi après annulation].

Service of summons

(8) The summons must be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least 16 years of age.

2022, c. 17, s. 15.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Voir également

• Compelling Attendance by Accused Without Arrest (Until December 18, 2019)
• Release by Police on Undertaking