02-01 Arrest Warrants

Question 1

What is an arrest warrant?

Answer 1

A written order signed by a judge, Justice of the Peace, or coroner directing peace officers to apprehend a person.

Question 2

Who can issue an arrest warrant?

Answer 2

A judge, Justice of the Peace, or coroner.

Question 3

What is required for a peace officer to seek a warrant in the first instance?

Answer 3

Presentation of an Information to a Justice with reasonable grounds to believe it is in the public interest.

Question 4

List some factors that may justify the issuance of a warrant in the first instance.

Answer 4

• 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

Question 5

What happens to persons arrested on a warrant in the first instance?

Answer 5

They must be presented to the court for a bail hearing unless the warrant is endorsed for release.

Question 6

What is a warrant of committal?

Answer 6

A warrant issued by the court upon conviction, directing officers to arrest an individual for non-payment of a monetary penalty or other offenses.

Question 7

What types of cases can warrants of committal cover?

Answer 7

• Criminal convictions
• Small claims court warrants
• Federal/provincial parole violations
• Immigration and Refugee Protection Act matters
• Provincial matters like Family Responsibility Act and Highway Traffic Act

Question 8

What is a bench warrant?

Answer 8

An arrest warrant issued by a Justice when an accused fails to attend court as directed.

Question 9

What information must be reported when a person is arrested on a Superior Court bench warrant?

Answer 9

• Name of the accused
• Date of birth
• Charge
• Date of issue of the bench warrant

Question 10

True or False: A person arrested on a bench warrant related to drug charges must be taken to Old City Hall Courts.

Answer 10

True

Question 11

What is a surety warrant?

Answer 11

A warrant issued when a surety requests relief from their obligations regarding the accused’s bail.

Question 12

What is the role of a surety in bail?

Answer 12

A surety accepts responsibility for the good conduct and court appearance of the accused.

Question 13

What is a material witness warrant?

Answer 13

A warrant for the apprehension of a witness who is evading service of a subpoena or has not appeared in court.

Question 14

What should happen after a material witness is arrested?

Answer 14

A bail hearing must be held to determine if the witness should be released until required to appear.

Question 15

What does the Family Responsibility Office (FRO) do?

Answer 15

Enforces child and spousal court orders in Ontario.

Question 16

What occurs if a support payor fails to attend a FRSAEA Default Hearing?

Answer 16

The court may issue a warrant for arrest directing officers to take the person to court.

Question 17

What are the two types of civil warrants for arrest?

Answer 17

• Small Claims Court warrants
• Civil Court warrants

Question 18

What authority does the Medical Officer of Health (MOH) have regarding medical orders?

Answer 18

The MOH can apply for a court order to detain individuals for treatment of contagious diseases.

Question 19

When can an arrest warrant be executed?

Answer 19

At any time unless otherwise indicated, by officers within jurisdiction or anywhere in Canada if in fresh pursuit.

Question 20

What must be done before entering a dwelling-house to execute an arrest warrant?

Answer 20

Obtain endorsement on the warrant or have a separate entry authorization unless exigent circumstances exist.

Question 21

What is required when seizing property during the execution of an arrest warrant?

Answer 21

File the applicable search warrant return within seven days.

Question 22

When investigating a person arrested on a warrant, who is responsible for the investigation?

Answer 22

The arresting unit.

Question 23

What must be done when processing a person on a material witness warrant?

Answer 23

Complete a synopsis, show cause, and submit documents without fingerprinting.

Question 24

What happens to a person arrested solely for a surety warrant?

Answer 24

They are not fingerprinted.

Question 25

How long can a remand warrant hold a person?

Answer 25

Up to six days.

Question 26

What must be done if a warrant is endorsed for release?

Answer 26

Consider releasing the arrested person in compliance with applicable procedures.

Question 27

What must be ensured when a person is brought into custody on an arrest warrant?

Answer 27

The individual is the person named or described in the warrant

Ensuring the correct identity is crucial to uphold legal protocols.

Question 28

What should be done regarding the warrant in RMS-Ops?

Answer 28

Notify RMS-Ops to remove the warrant from CPIC

This step prevents misinformation in the Canadian Police Information Centre (CPIC).

Question 29

What must be complied with when processing an arrest warrant?

Answer 29

Applicable procedures in Chapter 1

These procedures govern the handling and processing of arrest warrants.

Question 30

What should be considered if a warrant is endorsed for release?

Answer 30

Releasing the arrested person in compliance with the applicable procedures in Chapter 1

This ensures that any legal obligations are met before release.

Question 31

What documents must accompany a person transported to a central lock-up?

Answer 31

Crown envelope and copies of the eReport, Prisoner Transportation List, and information pertaining to the new charge

These documents are essential for proper processing and record-keeping.

Question 32

What should be forwarded to the applicable court?

Answer 32

Documents referred to in this Procedure

This includes all necessary paperwork for the court’s records and proceedings.