01-08 Criminal Code Release

Question 1

What is the Rationale?

Answer 1

Pursuant to Part XVI of the Criminal Code (CC), the Chief of Police has designated all police officers holding the rank of sergeant/detective, or a higher rank, as an officer in charge. Police officers who are required to testify as an officer in charge must state in their evidence that they have been so designated by the Chief of Police. A letter on the Service’s letterhead indicating such authorization is available at all court offices and must be produced when requested in court.

Question 2

Unconditional Release

A person under arrest SHALL be released unconditionally when it is determined that

Answer 2

charges will not be laid or laid at another time. When an unconditional release occurs in a police station, the officer in charge SHALL be the releasing officer. In all other circumstances, the arresting police officer SHALL release the person when appropriate to do so.

Question 3

Police Officer

1. Where a person is to be charged with

• an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
• a dual procedure offence; or
• a summary conviction offence

SHALL

Answer 3

• shall consider the issue of public interest, as well as attendance in court, and
• if these terms are met, compel the person’s appearance in court in the following manner
  o issue a Form 9 as directed in Appendix A or Appendix B
• proceed by way of a Criminal Summons in compliance with Procedures
• when releasing a person on a Form 9 or 10 or proceeding by way of a Criminal Summons, ensure they have been served with a TPS 493a
• if these terms are not met and after considering Bill C-75, arrest and bring the person before the officer in charge in compliance with Procedures
• s.493.2(a) CC potentially appears to any person who is or identifies themselves to a member as an Indigenous, Inuit or Metis person
• s.493.2(b) CC potentially applies to any person who has one (1) or more factors or characteristics in their life that make them part of a population that is disproportionately represented in the criminal justice system and that may have difficulty in obtaining bail. There are more than a dozen (12) factors that have been specifically mentioned in judicial decisions since Bill C-75 became law. Therefore, members are advised to refer to their most recent training on arrest/release and/or Bill C-75, or to consult a supervisor, or both, when addressing statutory considerations for release.

Question 4

Officer in Charge

2. When a person has been arrested and brought into a police station and is to be charged with

• an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
• a dual procedure offence
• a summary conviction offence, or
• any offence punishable by imprisonment for five (5) years or less
• shall consider the issue of public interest, as well as attendance in court, and

Answer 4

• if these terms are met, compel the person’s appearance in court in the following manner
  o proceed by way of a Criminal Summons
  o release on a Form 10, or
• if these terms are not met, cause the person to appear before a Justice without reasonable delay and in any event within twenty-four (24) hours to
  o obtain a judicial interim release, or
  o request a detention order

Question 5

3. Prior to releasing a person SHALL

Answer 5

review the contents of the eReport (case prep)

Question 6

4. When releasing a person SHALL make every effort to ensure

Answer 6

the safety of that person given the age, gender or condition of the person and the time and location of release.

Question 7

5. When releasing a person SHALL ensure they have been served with a

Answer 7

TPS 493a.

Question 8

6. In circumstances when a person in custody has been paraded before an officer in charge, the person in custody SHALL be

Answer 8

released in the same manner as initially booked (i.e. booking hall/video, etc.) regardless of the release provision or whether charges have been laid.

Question 9

7. When releasing an accused from the station on a judicial release,

Answer 9

a designate assigned by the officer in charge may facilitate the release

Question 10

8. When releasing an accused from the station on sexual assault, criminal harassment, or an intimate partner violence–related charge SHALL ensure

Answer 10

• the victim is immediately notified of all release conditions and the next court date of the accused
• the victim is advised to engage in a safety plan, including the use of 9–1–1 in emergency situations, and to contact Victim Services for safety planning information, as appropriate
• the victim is advised to contact the Ministry of the Attorney General’s Victim/Witness Assistance Program
• the victim is advised of the option of registering with the Ministry of the Attorney General Victim Support Line for release notifications from a detention facility, if applicable
• A TPS 483 is completed
• notations of the date, time, person contacted and other details, including attempts made to notify the victim are added as supplementary information to the original eReport
• made in the
  o memorandum book or case book
  o TPS 483