493

Definitions

493 In this Part,

accused includes

(a) a person to whom a peace officer has issued an appearance notice under section 497, and

(b) a person arrested for a criminal offence; (prévenu)

appearance notice [Repealed, 2019, c. 25, s. 209]

judge means

(a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

(b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

(c) [Repealed, 1992, c. 51, s. 37]

(d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

(f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge  [Repealed, 2019, c. 25, s. 209]

promise to appear [Repealed, 2019, c. 25, s. 209]

recognizance [Repealed, 2019, c. 25, s. 209]

summons [Repealed, 2019, c. 25, s. 209]

undertaking [Repealed, 2019, c. 25, s. 209]

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

Annotations

  • Part XVI
In Tags

493.1

Principle of restraint

493.‍1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.‍1) or 515(10), as the case may be.

Annotations

  • Part XVI
In Tags

493.2

Aboriginal accused or vulnerable populations

493.‍2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of

(a) Aboriginal accused; and

(b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

Annotations

  • Part XVI
In Tags