Arrest, Bail and Arraignments

Question 1

s.494 and s.30 Criminal code

Answer 1

494 - Powers of arrest for any member of the public (citizens arrest), only if they found someone committing a crime
30 - authorizes detainment for a “breach of the peace” reasonably force only

Question 2

s.495 and s.31 Criminal code

Answer 2

494 - powers of arrest for peace officers, only on reasonable grounds and not for summary/hybrid unless fear for evidence preservation or further offence
31 - reasonable belief that someone is about to or renew a breach of the peace

Question 3

Peace officers

Answer 3

defined in s.2 of Criminal Code, includes:
- police, military police, CBSA, corrections and fisheries officers, pilot in flight, JoP, mayors
- not private security

Question 4

Warrants

Answer 4

• court order issued under s.16 of the criminal code
• canada wide warrant likely for s.469 charges only

Question 5

Appearance Notice

Answer 5

• tells accused where and when to make their court appearance
• used in summary, hybrid and s.553 indictables

Question 6

officer in charge of lock up

Answer 6

• can release accused using an appearance notice or undertaking
• undertaking is a written promise to perform actions such as report to police, no contact, etc

Question 7

Information

Answer 7

• document that starts the court process - sworn to be true
• informant swears knowledge

Question 8

summons

Answer 8

• court order to appear in court
• used when and informant has sworn before police contact accused

Question 9

Bail - Judicial Interim Release

Answer 9

s.11 charter right to not be denied reasonable bail
s.503 criminal code right to be taken before a judge asap
s.515 “show cause’ bail hearing, onus on prosecutor to show why they should not be released

Question 10

Criteria for showing cause in a Bail hearing

Answer 10

s.515(10)
- primary ground - necessary to ensure attendance
- secondary ground - necessary for safety of public need “substantial likelihood”
- tertiary ground - to maintain confidence in the administration of justice

Question 11

Reverse Onus (Bail Hearing)

Answer 11

• accused must show cause for release in:
  s.469 charges (murder, piracy, treason)
  s.515(6) charges (organized crime, terrorism)

Question 12

Arraignment

Answer 12

• first appearance in court to face a charge

Question 13

Summary Arraignment

Answer 13

s.800(2) - can appear personally or by counsel
- ‘guilty’ plea proceed to sentencing
- ‘not guilty’ set a trial date

Question 14

Indictable Arraignment

Answer 14

s.553 - Ontario court of justice, same process as summary
s.469 - superior court of justice
- all others, election of court