Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Prohibition on use of bodily substance

• 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

• Marginal note:Prohibition on use or disclosure of result

  (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2.

• Marginal note:Exception

  (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

• Marginal note:Offence

  (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

Marginal note:Orders under sections 486 to 486.5 and 486.7

• 810.5 (1) Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2.

• Marginal note:Offence — order restricting publication

  (2) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6.

Marginal note:Breach of recognizance

811 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

• (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

• (b) an offence punishable on summary conviction.

Marginal note:Proof of certificate of analyst — bodily substance

• 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

• Marginal note:Definition of analyst

  (2) In this section, analyst has the same meaning as in section 320.11.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

• Marginal note:Requiring attendance of analyst

  (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

Appeal

Definition of appeal court

• 812 (1) For the purposes of sections 813 to 828, appeal court means

  • (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

  • (b) in the Province of Quebec, the Superior Court;

  • (c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Supreme Court;

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

  • (e) [Repealed, 1992, c. 51, s. 43]

  • (f) [Repealed, 2015, c. 3, s. 56]

  • (g) [Repealed, 2026, c. 11, s. 45]

  • (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

  • (i) in Nunavut, a judge of the Nunavut Court of Justice.

• Marginal note:When appeal court is Court of Appeal of Nunavut

  (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

Marginal note:Appeal by defendant, informant or Attorney General

813 Except where otherwise provided by law,

• (a) the defendant in proceedings under this Part may appeal to the appeal court

  • (i) from a conviction or order made against him,

  • (ii) against a sentence passed on him, or

  • (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

• (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court

  • (i) from an order that stays proceedings on an information or dismisses an information,

  • (ii) against a sentence passed on a defendant, or

  • (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,

  and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

Marginal note:Manitoba and Alberta

• 814 (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

• Marginal note:Saskatchewan

  (2) In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

• Marginal note:British Columbia

  (3) In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

• Marginal note:Territories

  (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

Marginal note:Notice of appeal

• 815 (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

• Marginal note:Extension of time

  (2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

Interim Release of Appellant

Marginal note:Release order — appellant

• 816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.

• Marginal note:Release of appellant

  (1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.

• Marginal note:Applicable provisions

  (2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

Marginal note:Recognizance of prosecutor

• 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.

• Marginal note:Condition

  (2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

• Marginal note:Appeals by Attorney General

  (3) This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General.

• (4) [Repealed, 2019, c. 25, s. 324]

Marginal note:Application to appeal court for review

• 818 (1) Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the order made by the justice.

• Marginal note:Disposition of application by appeal court

  (2) On the hearing of an application under this section, the appeal court, after giving the appellant and the respondent a reasonable opportunity to be heard, shall

  • (a) dismiss the application; or

  • (b) if the person applying for the review shows cause, allow the application, vacate the order made by the justice and make the order that in the opinion of the appeal court should have been made.

• Marginal note:Effect of order

  (3) An order made under this section shall have the same force and effect as if it had been made by the justice.

Marginal note:Application to fix date for hearing of appeal

• 819 (1) Where, in the case of an appellant who has been convicted by a summary conviction court and who is in custody pending the hearing of his appeal, the hearing of his appeal has not commenced within thirty days from the day on which notice of his appeal was given in accordance with the rules referred to in section 815, the person having the custody of the appellant shall, forthwith on the expiration of those thirty days, apply to the appeal court to fix a date for the hearing of the appeal.

• Marginal note:Order fixing date

  (2) On receiving an application under subsection (1), the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as it thinks necessary for expediting the hearing of the appeal.

Marginal note:Payment of fine not a waiver of appeal

• 820 (1) A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right to appeal.

• Marginal note:Presumption

  (2) A conviction, order or sentence shall be deemed not to have been appealed against until the contrary is shown.

Procedure on Appeal

Marginal note:Notification and transmission of conviction, etc.

• 821 (1) Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or order appealed from or imposed the sentence appealed against of the appeal and on receipt of the notification that summary conviction court shall transmit the conviction, order or order of dismissal and all other material in its possession in connection with the proceedings to the appeal court before the time when the appeal is to be heard, or within such further time as the appeal court may direct, and the material shall be kept by the clerk of the appeal court with the records of the appeal court.

• Marginal note:Saving

  (2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals.

• Marginal note:Appellant to furnish transcript of evidence

  (3) Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection 540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal.