FORM 13
[Repealed, 2019, c. 25, s. 337]
Form 14
FORM 14
[Repealed, 2019, c. 25, s. 337]
Form 15
FORM 15 (Section 543)
Warrant To Convey Accused Before Justice of Another Territorial Division
Canada,
Province of ,
(territorial division).
To the peace officers in the said (territorial division):
Whereas A.B., of hereinafter called the accused, has been charged that (state place of offence and charge);
And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice);
And Whereas the charge is for an offence committed in the (territorial division);
This is to command you, in Her Majesty’s name, to convey the said A.B., before a justice of the (last mentioned territorial division).
Dated (date) , at (place).
(Signature of justice or clerk of the court)
Form 16
FORM 16 (Section 699)
Subpoena to a Witness
Canada,
Province of ,
(territorial division).
To E.F., of , (occupation);
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);
This is therefore to command you to attend before (set out court or justice), on the day of A.D. , at o’clock in the noon at to give evidence concerning the said charge.
Where a witness is required to produce anything, add the following:
and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).
Dated this day of A.D. , at .
A Judge, Justice or Clerk of the court
(Seal, if required)
Form 16.1
FORM 16.1 (Subsections 278.3(5) and 699(7))
Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal Code
Canada,
Province of ,
(territorial division).
To E.F., of , (occupation);
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);
This is therefore to command you to attend before (set out court or justice), on the day of A.D. , at o’clock in the noon at to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).
TAKE NOTE
You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so.
If anything specified above is a record as defined in section 278.1 of the Criminal Code, it may be subject to a determination by the court in accordance with sections 278.1 to 278.91 of the Criminal Code as to whether and to what extent it should be produced.
If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record made pursuant to section 278.3 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record.
If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced.
As defined in section 278.1 of the Criminal Code, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
Dated this day of A.D. , at .
Judge, Clerk of the Court, Provincial Court Judge or Justice
(Seal, if required)
Form 17
FORM 17( Sections 698 and 705)
Warrant for Witness
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of , has been charged that (state offence as in the information);
And Whereas it has been made to appear that E.F. of , hereinafter called the witness, is likely to give material evidence for (the prosecution or the defence) and that
Insert whichever of the following is appropriate:
(a) the said E.F. will not attend unless compelled to do so;
(b) the said E.F. is evading service of a subpoena;
(c) the said E.F. was duly served with a subpoena and has neglected (to attend at the time and place appointed therein or to remain in attendance);
(d) the said E.F. was bound by a recognizance to attend and give evidence and has neglected (to attend or to remain in attendance).
This is therefore to command you, in Her Majesty’s name, to arrest and bring the witness forthwith before (set out court or justice) to be dealt with in accordance with section 706 of the Criminal Code.
Dated this day of A.D. , at .
A Justice or Clerk of the Court
(Seal, if required)
Form 18
FORM 18 (Section 704)
Warrant To Arrest an Absconding Witness
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B., of , has been charged that (state offence as in the information);
And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of , in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);
This is therefore to command you, in Her Majesty’s name, to arrest the witness and bring him forthwith before (the court, judge, justice or provincial court judge before whom the witness is bound to appear) to be dealt with in accordance with section 706 of the Criminal Code.
Dated (date) , at (place).
(Signature of justice or clerk of the court)
Form 19
FORM 19 (Sections 516 and 537)
Warrant Remanding a Prisoner
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
You are hereby commanded forthwith to arrest, if necessary, and convey to the (prison) at the persons named in the following schedule each of whom has been remanded to the time mentioned in the schedule:
And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on (date), at (hour), at (place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time.
Dated (date) , at (place).
(Signature of justice or clerk of the court)
Form 20
FORM 20
(Section 545)
Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of , in this warrant called the accused, has been charged that (set out offence as in the information);
And whereas E.F. of , in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely or refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at , and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.
Dated (date) , at (place).
(Signature of justice or clerk of the court)
Form 21
FORM 21 (Sections 570 and 806)
Warrant of Committal on Conviction
Canada,
Province of ,
(territorial division).
To the peace officers in (territorial division) and to the keeper of (prison) at :
Whereas (name), in this Form called the offender, was, on the day of 20, convicted by (name of judge and court) of having committed the following offence(s) and it was adjudged that the offender be sentenced as follows:
Offence
(state offence of which offender was convicted)
Sentence
(state term of imprisonment for the offence and, in case of imprisonment for default of payment of fine, so indicate together with the amount of it and applicable costs and whether payable immediately or within a time fixed)
Remarks
(state the amount of time spent in custody before sentencing, the term of imprisonment that would have been imposed before any credit was granted under subsection 719(3) or (3.1), the amount of time credited, if any, and whether the sentence is consecutive or concurrent, and specify consecutive to or concurrent with what other sentence)
You are hereby commanded, in Her Majesty’s name, to arrest the offender if it is necessary to do so in order to take the offender into custody, and to take and convey him or her safely to (prison) at and deliver him or her to its keeper, who is hereby commanded to receive the accused into custody and to imprison him or her there for the term(s) of his or her imprisonment, unless, if a term of imprisonment was imposed only in default of payment of a fine or costs, those amounts and the costs and charges of the committal and of conveying the offender to that prison are paid sooner, and this is a sufficient warrant for so doing.
Dated this day of 20, at .
Clerk of the Court, Justice, Judge or Provincial Court Judge
Form 22
FORM 22 (Section 806)
Warrant of Committal on an Order for the Payment of Money
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., hereinafter called the defendant, was tried on an information alleging that (set out matter of complaint), and it was ordered that (set out the order made), and in default that the defendant be imprisoned in the (prison) at for a term of ;
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at , and deliver them to the keeper of the prison, together with the following precept:
You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of , unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant.
Dated (date) , at (place).
(Signature of provincial court judge, justice or clerk of the court)
Form 23
FORM 23 (Sections 810 and 810.1)
Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., hereinafter called the accused, has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has (refused or failed) to enter into a recognizance accordingly;
You are hereby commanded, in Her Majesty’s name, to arrest, if necessary, and take the accused and convey him safely to the (prison) at and deliver him to the keeper thereof, together with the following precept:
You, the said keeper, are hereby commanded to receive the accused into your custody in the said prison and imprison him there until he enters into a recognizance as aforesaid or until he is discharged in due course of law.
Dated this day of A.D. , at .
Clerk of the Court, Justice or Provincial Court Judge
(Seal, if required)
Form 24
FORM 24
(Section 550)
Warrant of Committal of Witness for Failure to Enter into Recognizance
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);
And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.
Dated (date) , at (place).
(Signature of justice or clerk of the court)
Form 25
FORM 25
(Section 708)
Warrant of Committal for Contempt
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place) :
Because E.F. of ...................., in this warrant called the defaulter, was on (date) , at (place), convicted before .................... for contempt because the defaulter did not attend before .................... to give evidence on the trial of a charge that (state offence as in the information) against A.B. of ...................., although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default;
And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)
Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at .................... and there deliver them to its keeper, together with the following order:
You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely there* and for so doing this is a sufficient warrant.
* Insert whichever of the following is applicable:
(a) for the term of ;
(b) for the term of , unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;
(c) for the term of and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date) , at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
Form 26
FORM 26 (Section 827)
Warrant of Committal in Default of Payment of Costs of an Appeal
Canada,
Province of ,
(territorial division).
To the peace officers of (territorial division) and to the keeper of the (prison) at :
Whereas it appears that on the hearing of an appeal before the (set out court) it was adjudged that A.B., of , hereinafter called the defaulter, should pay to the Clerk of the Court the sum of dollars in respect of costs;
And Whereas the Clerk of the Court has certified that the defaulter has not paid the sum within the time limited therefor;
I do hereby command you, the said peace officers, in Her Majesty’s name, to take the defaulter and safely convey him to the (prison) at and deliver him to the keeper thereof, together with the following precept:
I do hereby command you, the said keeper, to receive the defaulter into your custody in the said prison and imprison him for the term of , unless the said sum and the costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid, and for so doing this is a sufficient warrant.
Dated this day of A.D. , at .
A Justice of the Peace in and for
Form 27
FORM 27
(Section 773)
Warrant of Committal on Forfeiture of Amounts
Canada,
Province of ...................,
(territorial division).
To the sheriff of (territorial division) and to the keeper of the (prison) at (place).
This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.
You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at ...................., and deliver them to its keeper, with the following order:
You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of .................... or until satisfaction is made of a judgment debt of ...................., due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).
Dated (date), at (place).
(Signature of judge of the court or clerk of the court)
(Name of judge who has issued this warrant of committal)
(Seal, if required)
Form 28
FORM 28
(Section 528)
Endorsement of Warrant
Canada,
Province of ,
(territorial division).
In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division).
Dated (date) , at (place).
(Signature of justice)
Form 28.1
FORM 28.1
[Repealed, 2007, c. 22, s. 26]
Form 29
FORM 29 (Section 507)
Endorsement of Warrant
Canada,
Province of ,
(territorial division).
Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence mentioned in section 522 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act.
Dated this day of A.D. , at .
A Justice of the Peace in and for
Form 30
FORM 30
(Section 537)
Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand
Canada,
Province of ,
(territorial division).
To the keeper of the (prison) at :
Whereas by warrant dated (date), A.B., in this order called the accused, was committed to your custody and you were required to keep them safely until the (date) , and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place) at (hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time;
Now, therefore, you are directed to have the accused before at (place) at (hour) to answer to the charge against them and so they may be dealt with according to law.
Dated (date) , at (place).
(Signature of justice or clerk of the court)