Contents of warrant to arrest
511 (1) A warrant issued under this Part shall
(a) name or describe the accused;
(b) set out briefly the offence in respect of which the accused is charged; and
(c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.
No return day
(2) A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time.
Discretion to postpone execution
(3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
Deemed execution of warrant
(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
Annotations | French
- Section 511
- “Warrant” is defined in s. 493; Criminal Code, RSC 1985, c C-46, s 493.
- Paragraph (c) does not allow judges or justices issuing a warrant to mandate that the accused be brought only before them and no other justice or judge; R v Davidson, 2004 ABCA 337 at paras 22, 34.