Arrest Warrants

Question 1

A warrant to arrest is a written order signed by a ______, ______, ______, which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein.

Answer 1

judge, Justice of the Peace or coroner

Question 2

36
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.

Answer 2

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
The Officer in Charge retains the discretion to release when the warrant is endorsed.

Question 3

Warrants of committal also include warrants issued for

Answer 3

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.

Question 4

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

Answer 4

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

Question 5

When a person is arrested pursuant to a Superior Court bench warrant, the Superior Court Liaison Detective shall be advised forthwith by telephone, voicemail or TPS eFax of the following information

Answer 5

 name of the accused
 date of birth
 charge
 date of issue of the bench warrant

Question 6

a person appearing on Toronto Police Service (Service) charges but also wanted on a warrant held by another jurisdiction, a ____ shall be completed and given to a court officer at the Superior Court.

Answer 6

TPS 178 - Prisoner wanted for out of town warrant

Question 7

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

Answer 7

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.

Question 8

Civil Warrants

There are two (2) types of civil warrants for arrest; namely,

Answer 8

Small Claims Court warrants and Civil Court warrants.

Question 9

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 ________ 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.

Answer 9

Health Protection and Promotion Act