512

Certain actions not to preclude issue of warrant

512 (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

(a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);

(b) a summons has previously been issued under subsection 507(4); or

(c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.

Warrant in default of appearance

(2) Where

(a) service of a summons is proved and the accused fails to attend court in accordance with the summons,

(b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or

(c) it appears that a summons cannot be served because the accused is evading service,

a justice may issue a warrant for the arrest of the accused.

Annotations | French

• Section 512
• “Appearance notice,” “undertaking,” and “summons” are defined under s. 2; Criminal Code, RSC 1985, c C-46, s 2.
• Section 512 functions to bring the accused before the court to establish or maintain jurisdiction over them ifthey fail to appear in court. Subsection (1) also allows justices to order warrants to maintain jurisdiction over an accused as necessary in the public interest; R v Horton, [2002] OJ No 1219 at para 22 (SC); R v Verdon, [2010] OJ No 4125 at paras 15-17 (SC).

512.1

Arrest warrant — failure to appear under summons

512.‍1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

Annotations

• Part XVI

512.2

Arrest warrant — failure to appear under appearance notice or undertaking

512.‍2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

Annotations

• Part XVI

512.3

Warrant to appear under section 524

512.‍3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.

Annotations

• Part XVI