02-01 Arrest Warrants Flashcards
Rationale
Anyone who, on reasonable grounds, believes that a person has committed an offence may lay an Information in writing and under oath before a Justice (s. —– Criminal Code). If the Justice considers that a case for doing so is made out, the Justice will issue either a summons or a warrant for the arrest of the accused to compel the accused to attend before a Justice for the ———- division to answer to the charge.
504
territorial
Members may consult the ———- - Versadex and eJust Support for detailed guides outlining how to enter their eReport. Types of Arrest Warrants
A warrant to arrest is a written order signed by a judge, Justice of the Peace or ——, which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein.
Police Information Centre
coroner
Warrant in the First Instance
A peace officer, who believes that an offence has been committed by a person not yet ———, may seek a warrant in
the first instance upon presentation of an Information to a Justice. The Justice must be given reasonable grounds to believe
that it is in the ——— that a warrant be issued.
The ‘public interest’ may include
‒ the accused has f—-
‒ the accused is e——— capture
‒ danger to the p———
‒ danger to the v———–and/or witnesses
‒ nature and/or s——— of the offence
‒ all attempts to locate the suspect have been e——–
apprehended
public interest
‒ the accused has fled
‒ the accused is evading capture
‒ danger to the public
‒ danger to the victim and/or witnesses
‒ nature and/or seriousness of the offence
‒ all attempts to locate the suspect have been exhausted
Persons arrested on a warrant in the first must be presented to the court for a bail hearing unless the warrant was ——– by the issuing Justice authorizing the release of the arrested person by an Officer in Charge. The ——— retains the discretion to release when the warrant is endorsed.
endorsed
Officer in Charge
Warrants of Committal
A warrant of committal may be issued by the court upon the —— of an accused for an offence. It directs peace officers to arrest the named/described individual and generally, in default of ——- of monetary penalty set by the court, to serve a period of time in —–.
Warrants of committal also include warrants issued for criminal convictions, small ——court warrants, federal/provincial parole
violations, Immigration and ——— and provincial matters such as the Family R———–, the Trespass to Property Act, Safe Streets Act and the Highway Traffic Act. Persons arrested solely on warrants of committal are not to be brought before the court. They are to be processed according to the ———– contained within the body of the warrant.
Members executing a Warrant of Committal shall also comply with Procedure 02–02
conviction
payment
jail
claims
Refugee Protection Act
responsibility Act
instructions
Bench Warrants
A bench warrant is an arrest warrant in ——- issued by a Justice having jurisdiction when an accused has failed to attend court
‒ when directed by Summons, Appearance Notice, Promise to Appear, Recognizance Entered Before an Officer in Charge, Judicial Interim Release, or
‒ when directed by the court to return on a subsequent date
When a person is arrested pursuant to a ——– Court bench warrant, the Court Services unit at Superior Court shall be advised forthwith by telephone and email regarding the following information
‒ n——- of the accused
‒ d———-‒ charge
‒ date of i——- of the bench warrant
In the case of a bench warrant issued for drug charges, the person must be taken to ——— Courts for a show cause hearing.
Form 7
Superior
‒ name of the accused
‒ date of birth
‒ charge
‒ date of issue of the bench warrant
Old City Hall
Bench Warrants – Fail to Appear or Additional Charge Being Laid
If a “Fail to Appear” or additional charge is laid in relation to the execution of a bench warrant issued by the Superior Court of Justice (Superior Court), the new charge will be heard in the ——— (OCJ). However, the individual must appear at the Superior Court on the bench warrant ——-any other court appearances for new or additional charges.
In circumstances where the Superior Court is not sitting,a ——to the next sitting date of the Superior Court shall be sought at
the bail hearing.
Ontario Court of Justice
before
remand
Bench Warrants – Fail to Appear or Additional Charge Being Laid
In the case of a person appearing on Toronto Police Service (Service) charges but also wanted on a warrant held by another
jurisdiction, a TPS 178 shall be completed and given to a ——- at the Superior Court. Members shall make a prominent notation on the confidential crown envelope to ensure that the person is not released until appearances have been made in —–courts.
Case managers shall advise the Court Services unit at Superior Court forthwith by ——— and email regarding the execution
of a Superior Court bench warrant at the time of processing.
When a Superior Court bench warrant is issued, the Court Services unit at Superior Court shall advise the ——– officer of the division in which the ———–charges were laid.
court officer
both
telephone
warrant
original
Surety Warrants
An accused may be released by a Justice on bail when another person, who is acceptable to the Justice, acts as a surety and signs the accused’s bail. By doing so, the surety accepts responsibility for the good conduct and appearance at court of the accused. The person acting as surety may lose the ———— (money or property stipulated in the bail recognizance) if the accused does not appear on a court date or breaches a bail condition.
collateral
Surety Warrants
A surety warrant is issued when the person who is acting as surety appears before a Justice and requests ——- from the obligations of being a surety. Upon issue of a surety warrant by the Justice, the accused can be arrested and a new bail hearing must be held on the ——– charges. The original ———- must be obtained and taken to court for the commencement of the new bail hearing.
If the accused is show caused at the court where the warrant originated, a ——– from Court Services will retrieve the Information. If the accused is show caused at a court other than where the original Information is held, the ———unit shall arrange to obtain the Information and bring it to court.
relief
original
Information
clerk
arresting
Material Witness Warrants
Material witness warrants are issued by a Justice for the apprehension of a witness who is ——— service of a subpoena or has not appeared in court after being served a subpoena (s. 698 and 705 CC). No charge is laid as a result of the warrant being issued. Following an arrest, a bail hearing must be held to determine if the witness should be released until required to appear and give evidence. A person arrested solely for a material witness warrant shall not be ————.
evading
fingerprinted
Immigration Warrants
Under section A55(1) of the ———–(IRPA), a Canada Border Services Agency (CBSA) officer
may issue a warrant for the arrest and detention of a ——- resident or a foreign national whom the officer has reasonable grounds to believe is inadmissible and is a ——- to the public or is unlikely to appear for examination, for an ——–hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the ——-under subsection A44(2) of the IRPA.
Immigration and Refugee Protection Act
permanent
danger
admissibility
Minister
Immigration Warrants
When an inadmissible individual fails to comply with a CBSA officer’s request to appear at an enforcement office for reasons such as receipt of a ————–(PRRA) determination or to enforce their removal from Canada at a port of entry, the CBSA officer may issue a warrant for the arrest and detention of the individual. After a full investigation, if the individual cannot be located, a ——- warrant for their arrest is entered on the Canadian Police Information Centre (CPIC) system, which is accessible to all law enforcement agencies and ultimately gives their officers the authority to arrest on the CBSA’s behalf
pre–removal risk assessment
Canada–wide
Family Responsibility Arrest Warrants
—————- (FRO) is a centralized ———- program mandated to enforce child and spousal court orders in the Province of Ontario. Staff from the FRO may commence and conduct proceedings on behalf of support
recipients in the family court to ensure child and spousal support ——–are made, including conducting a ——- Hearing under s.41 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
If a support payor fails to attend a FRSAEA Default Hearing, the court may issue a warrant for arrest (Form 32B) under s.
41(7) of the FRSAEA. The warrant of arrest directs officers to take the named person to court so that a Justice can issue an
undertaking to appear (Form 131) to the person, directing them to attend a later court date
The Family Responsibility Office
enforcement
payments
Default
Responsibility and Support Arrears Enforcement Act (FRSAEA).
Family Responsibility Arrest Warrants
When a support payor is arrested on this type of warrant, the person may be taken to the family court, or if the court is not sitting, brought before a ————— as soon as possible to be dealt with according to law.
The —— Warrant unit may be contacted to assist in determining the appropriate court return date to be noted on the undertaking to appear or recognizance. Staff from the FRO can be reached via phone at ——— (police only), and members should leave a detailed ———- message when contacting the FRO outside of regular business hours.
Justice of the Peace
FRO
416-240-2443
voicemail
Civil Warrants
There are ——– types of civil warrants for arrest; namely, ——— Court warrants and——— warrants. Members
executing a civil warrant shall also comply with Procedure 02–14.
two (2)
Small Claims
Civil Court
Medical Orders
When a patient either refuses to be confined for treatment or has —— from a medical facility while undergoing treatment for a contagious, virulent or infectious disease, the ———— Act gives the ——- (MOH) having ——–the authority to apply for a court order to ——-the named person to be detained for treatment.
The order is specific to the named person, a named —— and the police service in the ———- where the application is made. Unless otherwise specified in the order, the effective radius for medical orders is restricted to the ———- of the applicant MOH.
The ——— Healthcare Centre, located at —- Buttonwood Avenue (in 12 Division), is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
escaped
Health Protection and Promotion Act
Medical Officer of Health (MOH)
jurisdiction
compel
hospital
jurisdiction
jurisdiction
West Park
82
Obtaining an Arrest Warrant
Police Officer
1. When appearing before a Justice to obtain an arrest warrant shall
complete an eReport containing
‒ the person’s name, address, date of birth and the charge
‒ a synopsis of the charge
‒ attempts made to locate the person
‒ the name of the ——- signing the warrant
‒ the date the warrant is issued
‒ Warrant Application Supplementary text template
produce ———- copies of the applicable Warrant for Arrest and Information in accordance with 02– 01 Appendix B,
and Appendix C if applicable
——– to the Information
produce a crown envelope in compliance with Procedure 12–01
Justice
two (2)
swear
Obtaining an Arrest Warrant
Police Officer
- After the Information and the warrant have been signed by the Justice
shall complete the applicable eReports
shall scan and attach the signed Information and warrant to the eReport
shall file the original ——- , a copy of the warrant and the eReport with the appropriate ——
shall notify —– that the warrant requires entry onto CPIC
shall forward the ——– warrant and the eReport number to RMS–Ops
in exigent circumstance, may transmit by —– to RMS–Ops so that the warrant is recorded on CPIC in a timely manner
‒ the scanned front and back of the warrant
‒ the eReport number
‒ and indicate that the original warrant will be sent to RMS–Ops by——– mail
shall insert in the crown envelope
‒ a copy of the eReport
‒ a copy of the warrant and Information
‒ the applicable Notice of Intention, when appropriate
shall file the crown envelope in the unit warrant file, if applicable
Information
court
RMS-Ops
original
eFax
inter–departmental
Executing an Arrest Warrant
A warrant may be executed
at any time, unless otherwise indicated on the warrant
by one or more officers to whom it is directed within the territorial jurisdiction or, if in ——- pursuit, anywhere in Canada
in another jurisdiction, provided it is ——- by a Justice having authority to authorize execution of the warrant in the jurisdiction.
fresh
endorsed
Authority to Enter a Dwelling-House without Warrant / Exigent Circumstances Section ———- of the CC states that
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 ——— for obtaining a warrant under section 529.1 exist but
by reason of ———– circumstances it would be impracticable to obtain a warrant.
529.3(1)
conditions
exigent
Entry to a Dwelling-House to Execute an Arrest Warrant
Entry to a dwelling–house to affect an arrest is prohibited unless
the arrest warrant is ——-with an authorization to enter under ss. ——- CC, or
the arrest warrant is accompanied by a ——- entry authorization warrant issued under s.——— or
when there are reasonable grounds to ——- that entry into the dwelling–house is necessary to prevent imminent
—–harm or death to any person, or
when there are reasonable grounds to ——-that evidence relating to the commission of an ——- 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 evidence, or
in circumstances of ———-
endorsed
529(1)
separate
529.1 CC,
suspect
bodily
believe
indictable
fresh pursuit
Entry to a Dwelling-House to Execute an Arrest Warrant
Not only must these exigent circumstances exist, the officer must be able to articulate such when giving evidence in court. Unless exigent circumstances are present, prior to entering a dwelling–house to execute an arrest warrant, members shall
obtain
an endorsement on the arrest warrant under ss. 529(1) CC, or
an authorization warrant (Form 7.1) under s. 529.1 CC
which will authorize the entry to a specific dwelling–house for the purposes of arresting a named —— on an arrest
warrant. The authorizations to enter may include such —–and conditions as the issuing Justice believes reasonable to place on the arrest process. Members obtaining and executing a search warrant shall also comply with
Procedures 02–17 and 02–18.
individual
restrictions
Entry to a Dwelling-House to Execute an Arrest Warrant
Police Officer
3. When planning to enter a dwelling–house to execute an arrest warrant, in addition to the arrest warrant and Information
identified in item 1, shall complete the applicable forms in compliance with Appendix B of Procedure 01–02.
4. When executing an arrest warrant shall
notify an ————-– Communications Services
ensure proper ———– is made prior to entry (identification, purpose of entry, etc.) except
‒ as provided on the warrant, or
‒ where there are reasonable grounds to —–that prior announcement of the entry would
‒ expose the officer or any other person to imminent bodily harm or death, or
‒ result in the imminent loss or imminent destruction of evidence relating to the commission of an ——– offence
Operations Supervisor – Communications Services
announcement
believe
indictable
Entry to a Dwelling-House to Execute an Arrest Warrant
Police Officer
- When seizing property during the execution of an arrest warrant shall
file the applicable search warrant return within —— days of the execution at the —— location indicated in the Notice to Occupant section
comply with Procedure 02–1943
A Form 5.2, as outlined in Procedure 02–19, is required by the CC whenever property is seized with or without warrant in criminal matters. Under the Provincial Offences Act (POA), a ———– (TPS 130) is required for property seized under the authority of a search warrant, or when
property is seized in a warrantless search during the performance of an officer’s duties under Provincial Offences Statute, and where no procedure for dealing with the seized thing is otherwise provided by
law.
seven (7)
court
Return to a Search Warrant
Police OfficerExecuting an Arrest Warrant in Another Ontario Jurisdiction
Police Officer
- When executing an arrest warrant in another Ontario jurisdiction shall
comply with Sections ——– 2.1.6 and 2.1.7 of the Standards of Conduct
notify the ——police authority in that jurisdiction If possible, officers from the local police authority should ——— Toronto Police officers executing the warrant.
2.1.5,
local
accompany
Executing an Arrest Warrant in Another Province
Police Officer
7. When executing an arrest warrant in another province shall
comply with Sections 2.1.5, 2.1.6 and 2.1.7 of the Standards of Conduct
complete a —– , if crown approval has been obtained
be in possession of the ——- warrant and a certified copy of the signed ———–
appear before a ——–in the jurisdiction where the wanted person is currently found
be prepared to prove the ——– of the Justice on the original warrant by sworn evidence or affidavit
request the Justice ———-the warrant
ensure the presence of officers having jurisdiction in that province when executing the warrant
return the person to the unit holding the original warrant
upon returning to Toronto shall complete and submit a ——, as soon as practicable
original
Information
Justice
signature
endorse
Investigating a Person Arrested on a Warrant
When laying any new criminal charges, the arresting unit shall be responsible for investigating and processing all warrants.
In this case, the unit ——–the original warrant shall ——the related crown envelope to the arresting unit, if applicable.
If there is no additional warrant or new criminal charge, the arresting unit will be responsible for ——— the person to the unit which holds the warrant. The unit holding the warrant will process the accused on the original charges and make arrangements to obtain all applicable documents, if applicable.
In all cases, the unit processing the person shall notify the —— of the court in which the original ——- is held to ensure the Information is before the court, on the date the accused will next appear.
holding
deliver
transporting
clerk
Information
Investigating a Person Arrested on a Warrant
Police Officer
8. When investigating a person arrested on a warrant shall
contact ——– and confirm that the warrant is outstanding and valid
ensure the individual is the person named or described in the warrant
comply with the applicable procedures in Chapter 1
9. When investigating, arresting, or charging a foreign national with a criminal offence shall also comply with Procedure
05–14.
RMS–Ops
Medical Order
10.When investigating a person named on a medical order for the City of Toronto shall
take the proper precautions and comply with the applicable sections of Procedure 08–06 and Procedure 08–07
pick up the medical order from ———
——— the medical facility named on the order and
confirm the order is ——–
confirm the individual is the person named or described in the order
ascertain whether any ——-are required, including but not limited to
- medical precautions
- ——– transportation requirements
deliver the person in accordance with the Order and/or instructions of the medical facility
11.When dealing with a person named on an out–of–jurisdiction medical order shall contact one of the following for
instructions
- the h———– named in the order
- the MOH who ——-the order
- the MOH for —————-
RMS–Ops
contact
valid
precautions
special
Hospital
issued
the City of Toronto
Processing a Person on an Arrest Warrant
Police Officer
12.When processing a person on an arrest warrant shall
notify the unit ——– the warrant of the arrest, where applicable
notify RMS-Ops that the warrant has been executed
pick up the warrant from RMS–Ops, when applicable
complete the applicable eReports and include in the eBrief
- a synopsis for each warrant that is executed
- Warrant Executed (Arrest) text template
Arrest warrants may be endorsed for release by the issuing Justice. In circumstances where a warrant is endorsed for release, the officer in charge must consider releasing the arrested person in
compliance with the procedures contained in Chapter 1
holding
Processing a Person on an Arrest Warrant
include in the original crown envelope
- the Criminal Record for the arrested person
- the updated court location
- the name of each witness
- all other documents required as per Procedure 12–01
13.When seeking a judicial interim release or detention order shall
complete a show cause
———– the person, with the required documents, to the appropriate central lock–up
detention facility in compliance with Procedure 01–03
transport
Bench Warrant
14.When processing a person on a bench warrant, in addition to item 12, shall enter the following information into the
eReport
- date the person was ——-arrested
- original charge and the type of ——–
- court date and location for ——– charge
- reason given for not attending court
- ———- of the Justice who issued the warrant
originally
release
original
name
Material Witness Warrant
15.When processing a person on a material witness warrant, in addition to item 12, shall
complete a synopsis
complete a show cause, including the next scheduled appearance date for the case in which the person is wanted
as a witness
insert all documents in the original crown envelope for the case in which the person is wanted as a witness and
submit the crown envelope to the officer in charge
not ———-the person if arrested solely for a material witness warrant
fingerprint
Material Witness Warrant
16.When attending court with a person arrested on a material witness warrant shall
deliver the person, a copy of the —– and Prisoner Transportation List to the court cells
ensure the Court Clerk’s Office removes the original ——-, for the case in which the person is wanted as a witness, from the files
insert the original Information in the crown envelope and deliver to the appropriate court, or ensure the original Information is delivered to the appropriate court
Without the original Information being present in court, jurisdiction over the case may be lost and the individual may be ——-.
eReport
Information
released
Surety Warrant
- When processing a person on a surety warrant, in addition to item 12, shall
complete a synopsis and a show cause
insert all ——- in the original crown envelope and submit them to the ——-
not ——– the person if arrested solely for a surety warrant
18.After processing a person on a surety warrant shall
pick up the surety warrant and the ———– from RMS–Ops, if applicable, or notify RMS-Ops that warrant has been executed
separate the Sheriff’s Certificate from the surety warrant, if applicable
——— a copy of the surety warrant to the Prisoner Transportation List and ensure these documents remain with the person
documents
Officer in Charge
fingerprint
Sheriff’s Certificate
staple
Surety Warrant
19.When processing a person on a surety warrant and access to the original Information is not available shall obtain a ——- to bring the accused before the court for a new show cause hearing.
20.When attending court with a person arrested on a surety warrant shall
deliver the person, a copy of the eReport and ——– to the court cells
ensure the Court Clerk’s Office removes the ——-Information and bail release from the files
insert the ————-, Sheriff’s Certificate and bail release in the crown envelope, and deliver them to the
bail court
Without the original Information being present in court, ———- over the case may be lost and the individual may be released.
judge’s order
Prisoner Transportation List
original
original Information
jurisdiction
Family Responsibility Arrest Warrant
21.When processing a person on a family responsibility arrest warrant, in addition to item 12, shall
pick up original warrant from RMS-Ops
comply with the information and ——- listed on the warrant
not ——— the person if arrested solely for a family responsibility warrant
ensure that the original warrant is provided to the bail court where the person will be appearing
if original warrant is held outside of Toronto, contact ——-warrant unit
instructions
fingerprint
FRO
Warrant Held by Another Ontario Jurisdiction
22.When processing a person arrested on a warrant held by another police service in Ontario, in addition to item 12, shall
ensure the person is within the return radius as stipulated on CPIC
——— the police service holding the warrant to confirm that the warrant is still outstanding and whether they will
return the person
if a new charge is laid where release is authorized, present the person to the officer in charge along with a crown envelope for release in compliance with the respective procedure
if a new charge is not laid and the other police service will not return, comply with Procedure 01–08
if the other police service wishes to return the person, regardless of whether or not a new charge is laid
———a copy of the original Information and warrant from the ———police service
request a ———- via CPIC and place a copy of the message in the crown envelope
contact
request
originating
confirmation
Warrant Held by Another Ontario Jurisdiction
complete a crown envelope in compliance with Procedure 12–01, seeking a custodial remand pending the arrival of the other police service to execute their warrant
complete a TPS —–to accompany the person to court
where appropriate, release the person (Form 10, Form 11, Form 11.1) on local charges in compliance with
Procedure 01–08, but —–custody of the person pending arrival of the other police service for pick–up
for a non–releasable offence, contact the police service holding the warrant to advise them of the ——-location, date and time for the show cause hearing
if the police service holding the warrant refuses to return, record the circumstance of the arrest and the reason provided for not returning the person in the eReports
178
maintain
court
Out of Province Warrants
- After arresting a person on an out of province criminal warrant shall
contact the originating police service to confirm that the warrant is outstanding and determine whether they will
return the person
complete a synopsis
complete a ———
24.If the originating police service will return the person shall take the person
before a Justice, as soon as practicable, to obtain a —warrant (Form 19), if any unreasonable delay is
foreseen
A remand warrant allows the person to be held for up to ——, until travel arrangements can be made
to the appropriate central lock–up, or correctional facility, with the remand warrant in compliance with Procedure
01–03
CC 0519
remand (Form 19)
six (6) days
Out of Province Warrants
25.If the originating police service will not return the person and there is no additional charge shall
bring the person before the officer in charge
comply with Procedure 01–08
26.When an additional criminal charge is to be laid shall
comply with Procedure 12–01
——— originating police service via CPIC
of the charges to be laid
of the date, time and location of the next court appearance
that they will be notified prior to the person’s ——
complete a TPS 178 and insert in the crown envelope
print the words “——–” in the “Remarks” section of the crown envelope
27.When adding a charge of Fail to Appear shall comply with Procedure 05–11
advise
release
Hold for (police service name)
Immigration Warrants
28.When it is discovered during the course of an investigation that a person in custody is wanted on an immigration
warrant shall
also comply with Procedure 05–14
contact the —- to confirm that the warrant is outstanding
hold the person until the arrival of the CBSA officer
CBSA
Warrant Officer
29.When assigned to the warrant office shall review the warrant files ——–for validity.
30.Upon receipt of a CPIC Purge List from RMS–Ops shall comply with Procedure 17–06.
regularly
Officer in Charge
31.When a person is brought into custody on an arrest warrant shall
ensure the individual is the person named or described in the warrant
ensure RMS-Ops is notified to remove warrant from CPIC
ensure compliance with the applicable procedures in Chapter 1
where a warrant is endorsed for release, consider releasing the arrested person in compliance with the applicable procedures in Chapter 1
ensure if the person is transported to a central lock–up, that a crown envelope and copies of the eReport, Prisoner Transportation List and Information pertaining to the new charge ——-the person
forward the documents referred to in this Procedure to the applicable court
accompanies
Out of Province Warrants
32.Upon receiving a person wanted for an out of province warrant shall
ensure the originating police service is contacted
when the originating police service will not return the person, release the individual from custody in compliance with
Procedure 01–08, unless there is an additional charge
awareness
