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