02-01 Arrest Warrants Flashcards
What is the 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. 504 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 territorial division to answer to the charge.
Procedure
Members may consult the _____ Versadex and eJust Support for detailed guides outlining how to enter their eReport.
Police Information Centre -
Types of Arrest Warrants
A warrant to arrest is a written order signed by a judge, Justice of the Peace or coroner, which
directs peace officers within the territorial jurisdiction to apprehend the person named or described therein.
Warrant in the First Instance
A peace officer, who believes that an offence has been committed by a person not yet apprehended, 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 public interest that a warrant be issued. The ‘public interest’ may include
- 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 endorsed by the issuing Justice authorizing the release of the arrested person by an Officer in Charge. The Officer in Charge retains the discretion to release when the warrant is endorsed
Warrants of Committal
A warrant of committal may be issued by the court upon the conviction of an accused for an offence. It directs peace officers to
arrest the named/described individual and generally, in default of payment of monetary penalty set by the court, to serve a period of time in jail.
Warrants of committal also include warrants issued for
criminal convictions, small claims court warrants, federal/provincial parole violations, Immigration and Refugee Protection Act and provincial matters such as the Family Responsibility Act, 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 instructions contained within the body of the warrant.
Bench Warrants
A bench warrant is an arrest warrant in Form 7 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 Superior Court bench warrant, the Court Services unit at Superior Court SHALL be advised forthwith by telephone and email regarding the following information
- name of the accused
- date of birth
- charge
- date of issue of the bench warrant
In the case of a bench warrant issued for drug charges, the person must be taken to Old City Hall Courts for a show cause hearing.
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
Ontario Court of Justice (OCJ). However, the individual must appear at the Superior Court on the bench warrant before any other court appearances for new or additional charges
In circumstances where the Superior Court is not sitting, a remand to the next sitting date of the Superior Court SHALL be sought at the bail hearing.
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 court officer 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 both courts.
Case managers SHALL advise the Court Services unit at Superior Court forthwith by telephone 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
warrant officer of the division in which the original charges were laid
Surety Warrants
A surety warrant is issued when
the person who is acting as surety appears before a Justice and requests relief 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 original charges. The original Information must be obtained and taken to court for the commencement of the new bail hearing.
Material Witness Warrants
Material witness warrants are issued by a Justice for the apprehension of a witness who is
evading 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 fingerprinted
Immigration Warrants
Under section A55(1) of the Immigration and Refugee Protection Act (IRPA), a Canada Border Services Agency (CBSA) officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national whom the officer has REASONABLE GROUNDS TO BELIEVE is
inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection A44(2) of the IRPA.
Family Responsibility Arrest Warrants
The Family Responsibility Office (FRO) is a centralized enforcement 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 _____
If a support payor fails to attend a FRSAEA Default Hearing, the court may issue a _____
child and spousal support payments are made, including conducting a Default Hearing under s.41 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
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.
Civil Warrants
There are two (2) types of civil warrants for arrest; namely,
Small Claims Court warrants and Civil Court warrants. Members executing a civil warrant SHALL also comply with Procedures.
Medical Orders
When a patient either refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a contagious, virulent or infectious disease, the Health Protection and Promotion Act gives the Medical Officer of Health (MOH) having jurisdiction the authority to apply for a court order to compel the named person to be detained for treatment.
The order is specific to the named person, a named hospital and the police service in the jurisdiction where the application is made. Unless otherwise specified in the order, the effective radius for medical orders is restricted to
the jurisdiction of the applicant MOH.
The West Park Healthcare Centre, located at 82 Buttonwood Avenue (in 12 Division), is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
Obtaining an Arrest Warrant
Police Officer
- 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 Justice signing the warrant
- the date the warrant is issued
- Warrant Application Supplementary text template
- swear to the Information
- produce a crown envelope in compliance with Procedures.
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 Information, a copy of the warrant and the eReport with the appropriate court
- SHALL notify RMS-Ops that the warrant requires entry onto CPIC
- SHALL forward the original warrant and the eReport number to RMS–Ops
- in exigent circumstance, may transmit by eFax to RMS–Ops so that the warrant is recorded on CPIC in a timely manner
o the scanned front and back of the warrant
o the eReport number
o and indicate that the original warrant will be sent to RMS–Ops by inter–departmental mail - SHALL insert in the crown envelope
o a copy of the eReport
o a copy of the warrant and Information
o the applicable Notice of Intention, when appropriate - SHALL file the crown envelope in the unit warrant file, if applicable
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 fresh pursuit, anywhere in Canada
- in another jurisdiction, provided it is endorsed by a Justice having authority to authorize execution of the warrant in the jurisdiction.
Authority to Enter a Dwelling-House without Warrant / Exigent Circumstances
Section 529.3(1) 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 conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
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 endorsed with an authorization to enter under ss. 529(1) CC, or
- the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
- when there are REASONABLE GROUNDS TO SUSPECT that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
- when there are REASONABLE GROUNDS TO BELIEVE that evidence relating to the commission of an indictable 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 fresh pursuit
Not only must these exigent circumstances exist, but the officer must also 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 individual on an arrest warrant. The authorizations to enter may include such restrictions and conditions as the issuing Justice believes reasonable to place on the arrest process.
