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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART XXVEffect and Enforcement of Undertakings, Release Orders and Recognizances (continued)

Marginal note:Effect of subsequent arrest

 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.

  • R.S., 1985, c. C-46, s. 765
  • 2019, c. 25, s. 310

Marginal note:Render of accused by sureties

  •  (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.

  • Marginal note:Arrest

    (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.

  • Marginal note:Certificate and entry of render

    (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.

  • Marginal note:Discharge of sureties

    (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.

  • R.S., 1985, c. C-46, s. 766
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 310

Marginal note:Render of accused in court by sureties

 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.

  • R.S., 1985, c. C-46, s. 767
  • 2019, c. 25, s. 310

Marginal note:Substitution of surety

  •  (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.

  • Marginal note:Signing of release order or recognizance by new sureties

    (2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.

  • R.S., 1985, c. 27 (1st Supp.), s. 167
  • 2019, c. 25, s. 310

Marginal note:Rights of surety preserved

 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.

  • R.S., 1985, c. C-46, s. 768
  • 2019, c. 25, s. 310

Marginal note:Application of judicial interim release provisions

 Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with such modifications as the circumstances require, in respect of him and he shall forthwith be taken before a justice or judge as an accused charged with an offence or as an appellant, as the case may be, for the purposes of those provisions.

  • R.S., c. C-34, s. 703
  • R.S., c. 2(2nd Supp.), s. 14

Marginal note:Default to be endorsed

  •  (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out

    • (a) the nature of the default;

    • (b) the reason for the default, if it is known;

    • (c) whether the ends of justice have been defeated or delayed by reason of the default; and

    • (d) the names and addresses of the principal and sureties.

  • Marginal note:Transmission to clerk of court

    (2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.

  • Marginal note:Certificate is evidence

    (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.

  • Marginal note:Transmission of deposit

    (4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.

  • R.S., 1985, c. C-46, s. 770
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1997, c. 18, s. 108
  • 2019, c. 25, s. 311

Marginal note:Proceedings in case of default

  •  (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,

    • (a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and

    • (b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.

  • Marginal note:Order of judge

    (2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

  • Marginal note:Judgment debtors of the Crown

    (3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.

  • Marginal note:Order may be filed

    (3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.

  • Marginal note:Transfer of deposit

    (4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.

  • R.S., 1985, c. C-46, s. 771
  • R.S., 1985, c. 27 (1st Supp.), s. 168
  • 1994, c. 44, s. 78
  • 1999, c. 5, s. 43
  • 2019, c. 25, s. 311

Marginal note:Levy under writ

  •  (1) Where a writ of fieri facias is issued pursuant to section 771, the sheriff to whom it is delivered shall execute the writ and deal with the proceeds thereof in the same manner in which he is authorized to execute and deal with the proceeds of writs of fieri facias issued out of superior courts in the province in civil proceedings.

  • Marginal note:Costs

    (2) Where this section applies, the Crown is entitled to the costs of execution and of proceedings incidental thereto that are fixed, in the Province of Quebec, by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct.

  • R.S., c. C-34, s. 706
 
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