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Criminal Code of Canada

What is a common assault? 

Assault Sections

Defence of Person

Marginal note:Defence — use or threat of force

  •  (1) A person is not guilty of an offence if

    • (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

    • (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

    • (c) the act committed is reasonable in the circumstances.

  • Marginal note:Factors

    (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

    • (a) the nature of the force or threat;

    • (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

    • (c) the person’s role in the incident;

    • (d) whether any party to the incident used or threatened to use a weapon;

    • (e) the size, age, gender and physical capabilities of the parties to the incident;

    • (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

    • (f.1) any history of interaction or communication between the parties to the incident;

    • (g) the nature and proportionality of the person’s response to the use or threat of force; and

    • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 34;
  • 1992, c. 1, s. 60(F);
  • 2012, c. 9, s. 2.

Defence of Property

Marginal note:Defence — property

  •  (1) A person is not guilty of an offence if

    • (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

    • (b) they believe on reasonable grounds that another person

      • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,

      • (ii) is about to take the property, is doing so or has just done so, or

      • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

    • (c) the act that constitutes the offence is committed for the purpose of

      • (i) preventing the other person from entering the property, or removing that person from the property, or

      • (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

    • (d) the act committed is reasonable in the circumstances.

  • Marginal note:No defence

    (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 35;
  • 2012, c. 9, s. 2.

 [Repealed, 2012, c. 9, s. 2]

 [Repealed, 2012, c. 9, s. 2]

Assaults

Marginal note:Uttering threats

  •  (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

    • (a) to cause death or bodily harm to any person;

    • (b) to burn, destroy or damage real or personal property; or

    • (c) to kill, poison or injure an animal or bird that is the property of any person.

  • Marginal note:Punishment

    (2) Every one who commits an offence under paragraph (1)(a) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Idem

    (3) Every one who commits an offence under paragraph (1)(b) or (c)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. 27 (1st Supp.), s. 38;
  • 1994, c. 44, s. 16.

Assault

  •  (1) A person commits an assault when

    • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

    • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

    • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

  • Marginal note:Application

    (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

  • Marginal note:Consent

    (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

    • (a) the application of force to the complainant or to a person other than the complainant;

    • (b) threats or fear of the application of force to the complainant or to a person other than the complainant;

    • (c) fraud; or

    • (d) the exercise of authority.

  • Marginal note:Accused’s belief as to consent

    (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

  • R.S., c. C-34, s. 244;
  • 1974-75-76, c. 93, s. 21;
  • 1980-81-82-83, c. 125, s. 19.

Marginal note:Assault

 Every one who commits an assault is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 245;
  • 1972, c. 13, s. 21;
  • 1974-75-76, c. 93, s. 22;
  • 1980-81-82-83, c. 125, s. 19.

Marginal note:Assault with a weapon or causing bodily harm

 Every one who, in committing an assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof, or

  • (b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 267;
  • 1994, c. 44, s. 17.

Marginal note:Aggravated assault

  •  (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Punishment

    (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Excision

    (3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

    • (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

    • (b) the person is at least eighteen years of age and there is no resulting bodily harm.

  • Marginal note:Consent

    (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • R.S., 1985, c. C-46, s. 268;
  • 1997, c. 16, s. 5.

Marginal note:Unlawfully causing bodily harm

 Every one who unlawfully causes bodily harm to any person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 269;
  • 1994, c. 44, s. 18.

Marginal note:Aggravating circumstance — assault against a public transit operator

  •  (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

     

    public transit operator

    conducteur de véhicule de transport en commun

    public transit operator means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. (conducteur de véhicule de transport en commun)

     

    vehicle

    véhicule

    vehicle includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. (véhicule)

  • 2015, c. 1, s. 1.

Judicial Interim Release

Marginal note:Order of release

  •  (1) Subject to this section, where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.

  • Marginal note:Release on undertaking with conditions, etc.

    (2) Where the justice does not make an order under subsection (1), he shall, unless the prosecutor shows cause why the detention of the accused is justified, order that the accused be released

    • (a) on his giving an undertaking with such conditions as the justice directs;

    • (b) on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;

    • (c) on his entering into a recognizance before the justice with sureties in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;

    • (d) with the consent of the prosecutor, on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs and on his depositing with the justice such sum of money or other valuable security as the justice directs; or

    • (e) if the accused is not ordinarily resident in the province in which the accused is in custody or does not ordinarily reside within two hundred kilometres of the place in which he is in custody, on his entering into a recognizance before the justice with or without sureties in such amount and with such conditions, if any, as the justice directs, and on his depositing with the justice such sum of money or other valuable security as the justice directs.

  • Marginal note:Power of justice to name sureties in order

    (2.1) Where, pursuant to subsection (2) or any other provision of this Act, a justice, judge or court orders that an accused be released on his entering into a recognizance with sureties, the justice, judge or court may, in the order, name particular persons as sureties.

  • Marginal note:Alternative to physical presence

    (2.2) Where, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the appearance shall be by actual physical attendance of the accused but the justice may, subject to subsection (2.3), allow the accused to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice.

  • Marginal note:Where consent required

    (2.3) The consent of the prosecutor and the accused is required for the purposes of an appearance if the evidence of a witness is to be taken at the appearance and the accused cannot appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.

  • Marginal note:Idem

    (3) The justice shall not make an order under any of paragraphs (2)(b) to (e) unless the prosecution shows cause why an order under the immediately preceding paragraph should not be made.

  • Marginal note:Conditions authorized

    (4) The justice may direct as conditions under subsection (2) that the accused shall do any one or more of the following things as specified in the order:

    • (a) report at times to be stated in the order to a peace officer or other person designated in the order;

    • (b) remain within a territorial jurisdiction specified in the order;

    • (c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the justice considers necessary;

    • (e) where the accused is the holder of a passport, deposit his passport as specified in the order;

    • (e.1) comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

    • (f) comply with such other reasonable conditions specified in the order as the justice considers desirable.

  • Marginal note:Condition prohibiting possession of firearms, etc.

    (4.1) When making an order under subsection (2), in the case of an accused who is charged with

    • (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    • (a.1) a terrorism offence,

    • (b) an offence under section 264 (criminal harassment),

    • (b.1) an offence under section 423.1 (intimidation of a justice system participant),

    • (b.2) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act,

    • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

    • (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

    the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

  • Marginal note:Surrender, etc.

    (4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

    • (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Additional conditions

    (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order

    • (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order; or

    • (b) that the accused comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of those persons.

  • Marginal note:Offences

    (4.3) The offences for the purposes of subsection (4.2) are

    • (a) a terrorism offence;

    • (b) an offence described in section 264 or 423.1;

    • (c) an offence in the commission of which violence against a person was used, threatened or attempted; and

    • (d) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.

  • Marginal note:Detention in custody

    (5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.

  • Marginal note:Order of detention

    (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

    • (a) with an indictable offence, other than an offence listed in section 469,

      • (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,

      • (ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

      • (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

      • (iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

      • (v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in subparagraph (iv),

      • (vi) that is an offence under section 99, 100 or 103,

      • (vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

      • (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

    • (b) with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada,

    • (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while he was at large after being released in respect of another offence pursuant to the provisions of this Part or section 679, 680 or 816, or

    • (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

  • Marginal note:Reasons

    (6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.

  • Marginal note:Order of release

    (7) Where an accused to whom paragraph 6(a), (c) or (d) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)(a) to (e) with the conditions described in subsections (4) to (4.2) or, where the accused was at large on an undertaking or recognizance with conditions, the additional conditions described in subsections (4) to (4.2), that the justice considers desirable, unless the accused, having been given a reasonable opportunity to do so, shows cause why the conditions or additional conditions should not be imposed.

  • Marginal note:Idem

    (8) Where an accused to whom paragraph (6)(b) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)(a) to (e) with the conditions, described in subsections (4) to (4.2), that the justice considers desirable.

  • Marginal note:Sufficiency of record

    (9) For the purposes of subsections (5) and (6), it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

  • Marginal note:Written reasons

    (9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

  • Marginal note:Justification for detention in custody

    (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

    • (a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

    • (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

    • (c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

      • (i) the apparent strength of the prosecution’s case,

      • (ii) the gravity of the offence,

      • (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

      • (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

  • Marginal note:Detention in custody for offence listed in section 469

    (11) Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused.

  • Marginal note:Order re no communication

    (12) A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary.

  • Marginal note:Consideration of victim’s safety and security

    (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that he or she considered the safety and security of every victim of the offence when making the order.

  • Marginal note:Copy to victim

    (14) If an order is made under this section, the justice shall, on request by a victim of the offence, cause a copy of the order to be given to the victim.

  • R.S., 1985, c. C-46, s. 515;
  • R.S., 1985, c. 27 (1st Supp.), ss. 83, 186;
  • 1991, c. 40, s. 31;
  • 1993, c. 45, s. 8;
  • 1994, c. 44, s. 44;
  • 1995, c. 39, s. 153;
  • 1996, c. 19, ss. 71, 93.3;
  • 1997, c. 18, s. 59, c. 23, s. 16;
  • 1999, c. 5, s. 21, c. 25, s. 8(Preamble);
  • 2001, c. 32, s. 37, c. 41, ss. 19, 133;
  • 2008, c. 6, s. 37;
  • 2009, c. 22, s. 17, c. 29, s. 2;
  • 2010, c. 20, s. 1;
  • 2012, c. 1, s. 32;
  • 2014, c. 17, s. 14;
  • 2015, c. 13, s. 20;
  • 2018, c. 16, s. 218.

Variation of undertaking or recognizance

 An undertaking or recognizance pursuant to which the accused was released that has been entered into under section 499, 503 or 515 may, with the written consent of the prosecutor, be varied, and where so varied, is deemed to have been entered into pursuant to section 515.

  • 1997, c. 18, s. 60.

Marginal note:Remand in custody

  •  (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Detention pending bail hearing

    (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

  • R.S., 1985, c. C-46, s. 516;
  • 1999, c. 5, s. 22, c. 25, s. 31(Preamble).

Marginal note:Order directing matters not to be published for specified period

  •  (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

    • (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or

    • (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

  • Marginal note:Failure to comply

    (2) Every one who fails without lawful excuse, the proof of which lies on him, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2005, c. 32, s. 17]

  • R.S., 1985, c. C-46, s. 517;
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E);
  • 2005, c. 32, s. 17.

Marginal note:Inquiries to be made by justice and evidence

  •  (1) In any proceedings under section 515,

    • (a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;

    • (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

    • (c) the prosecutor may, in addition to any other relevant evidence, lead evidence

      • (i) to prove that the accused has previously been convicted of a criminal offence,

      • (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,

      • (iii) to prove that the accused has previously committed an offence under section 145, or

      • (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

    • (d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

    • (d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;

    • (d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

    • (e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.

  • Marginal note:Release pending sentence

    (2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

  • R.S., 1985, c. C-46, s. 518;
  • R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F);
  • 1994, c. 44, s. 45;
  • 1999, c. 25, s. 9(Preamble).

Marginal note:Release of accused

  •  (1) Where a justice makes an order under subsection 515(1), (2), (7) or (8),

    • (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released

      • (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter; and

    • (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order

      • (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

      and if the justice so endorses the warrant, he shall attach to it a copy of the order.

  • Marginal note:Discharge from custody

    (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.

  • Marginal note:Warrant for committal

    (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

  • R.S., 1985, c. C-46, s. 519;
  • R.S., 1985, c. 27 (1st Supp.), s. 85.

Responsibility of sureties

  •  (1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.

  • Marginal note:Committal or new sureties

    (2) Notwithstanding subsection (1), the court, justice or provincial court judge may commit an accused to prison or may require him to furnish new or additional sureties for his appearance until he is discharged or sentenced, as the case may be.

  • Marginal note:Effect of committal

    (3) The sureties of an accused who is bound by recognizance to appear for trial are discharged if he is committed to prison pursuant to subsection (2).

  • Marginal note:Endorsement on recognizance

    (4) The provisions of section 763 and subsections (1) to (3) of this section shall be endorsed on any recognizance entered into pursuant to this Act.

  • R.S., 1985, c. C-46, s. 764;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.

Effect of subsequent arrest

 Where an accused is bound by recognizance to appear for trial, his arrest on another charge does not vacate the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be, in respect of the offence to which the recognizance relates.

  • R.S., c. C-34, s. 699.

Marginal note:Render of accused by sureties

  •  (1) A surety for a person who is bound by recognizance to appear may, by an application in writing to a court, justice or provincial court judge, apply to be relieved of his obligation under the recognizance, and the court, justice or provincial court judge shall thereupon issue an order in writing for committal of that person to the prison nearest to the place where he was, under the recognizance, bound to appear.

  • Marginal note:Arrest

    (2) An order under subsection (1) shall be given to the surety and on receipt thereof he or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named therein, and the keeper shall receive and imprison that person until he is discharged according to law.

  • Marginal note:Certificate and entry of render

    (3) Where a court, justice or provincial court judge issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison pursuant to subsection (2), the court, justice or provincial court judge shall order an entry of the committal to be endorsed on the recognizance.

  • Marginal note:Discharge of sureties

    (4) An endorsement under subsection (3) vacates the recognizance and discharges the sureties.

  • R.S., 1985, c. C-46, s. 766;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.

Marginal note:Render of accused in court by sureties

 A surety for a person who is bound by recognizance to appear may bring that person into the court at which he is required to appear at any time during the sittings thereof and before his trial and the surety may discharge his obligation under the recognizance by giving that person into the custody of the court, and the court shall thereupon commit that person to prison until he is discharged according to law.

  • R.S., c. C-34, s. 701.

Marginal note:Substitution of surety

  •  (1) Notwithstanding subsection 766(1) and section 767, where a surety for a person who is bound by a recognizance has rendered the person into the custody of a court pursuant to section 767 or applies to be relieved of his obligation under the recognizance pursuant to subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the recognizance.

  • Marginal note:Signing of recognizance by new sureties

    (2) Where a person substituted for a surety under a recognizance pursuant to subsection (1) signs the recognizance, the original surety is discharged, but the recognizance and the order for judicial interim release pursuant to which the recognizance was entered into are not otherwise affected.

  • R.S., 1985, c. 27 (1st Supp.), s. 167.

Sureties to Keep the Peace

Marginal note:If injury or damage feared

  •  (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person

    • (a) will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property; or

    • (b) will commit an offence under section 162.1.

  • Marginal note:Duty of justice

    (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.

  • Marginal note:Adjudication

    (3) If the justice or summary conviction court before which the parties appear is satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for the fear, the justice or court may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.

  • Marginal note:Refusal to enter into recognizance

    (3.01) The justice or summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (3.02) The justice or summary conviction court may add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (b) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (c) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions

    (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

  • Marginal note:Surrender, etc.

    (3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

    • (a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Idem

    (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or common-law partner or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition

    • (a) prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be, is regularly found; and

    • (b) prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be.

  • Marginal note:Forms

    (4) A recognizance and a committal to prison in default of recognizance may be in Forms 32 and 23, respectively.

  • Marginal note:Modification of recognizance

    (4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Procedure

    (5) The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section.

  • R.S., 1985, c. C-46, s. 810;
  • 1991, c. 40, s. 33;
  • 1994, c. 44, s. 81;
  • 1995, c. 22, s. 8, c. 39, s. 157;
  • 2000, c. 12, s. 95;
  • 2011, c. 7, s. 7;
  • 2014, c. 31, s. 25.

Fear of forced marriage or marriage under age of 16 years

  •  (1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge.

  • Marginal note:Appearances

    (2) The judge who receives the information may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

  • Marginal note:Duration extended

    (4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

  • Marginal note:Refusal to enter into recognizance

    (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

    • (a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;

    • (b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;

    • (c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;

    • (d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;

    • (e) require the defendant to participate in a treatment program, including a family violence counselling program;

    • (f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and

    • (g) require the defendant to return to and remain at their place of residence at specified times.

  • Marginal note:Conditions — firearms

    (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.

  • Marginal note:Variance of conditions

    (9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • 2015, c. 29, s. 11.

Marginal note:Where fear of sexual offence

  •  (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.

  • Marginal note:Appearances

    (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

  • Marginal note:Duration extended

    (3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

  • Marginal note:Conditions in recognizance

    (3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

    • (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;

    • (a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;

    • (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;

    • (b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary;

    • (c) require the defendant to participate in a treatment program;

    • (d) require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;

    • (e) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

    • (f) require the defendant to return to and remain at his or her place of residence at specified times;

    • (g) require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (h) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (i) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

  • Marginal note:Condition — reporting

    (3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

  • Marginal note:Refusal to enter into recognizance

    (3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Judge may vary recognizance

    (4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (5) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.

  • 1993, c. 45, s. 11;
  • 1997, c. 18, s. 113;
  • 2002, c. 13, s. 81;
  • 2008, c. 6, ss. 52, 54, 62;
  • 2011, c. 7, s. 9;
  • 2012, c. 1, s. 37;
  • 2014, c. 21, s. 4, c. 25, s. 31.

Prohibition on use of bodily substance

  •  (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 11;
  • 2015, c. 20, s. 34.

Marginal note:Breach of recognizance

 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.

  • R.S., 1985, c. C-46, s. 811;
  • 1993, c. 45, s. 11;
  • 1994, c. 44, s. 82;
  • 1997, c. 17, s. 10, c. 23, ss. 20, 27;
  • 2001, c. 41, s. 23;
  • 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12.

Marginal note:Proof of certificate of analyst — bodily substance

  •  (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • Definition of analyst

    (2) In this section, analyst has the same meaning as in subsection 254(1).

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • Marginal note:Requiring attendance of analyst

    (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • 2011, c. 7, s. 12;
  • 2015, c. 20, s. 34.
 

 

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Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322

 


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