02-01 Arrest Warrants Flashcards
What is the Rationale?
Anyone who, on REASONABLE GROUNDS BELIEVES that a person has committed an offence may lay an Information in writing and under oath before a Justice (s. 504 Criminal Code). If the Justice considers that a case for doing so is made out, the Justice will issue either a summons or a warrant for the arrest of the accused to compel the accused to attend before a Justice for the territorial division to answer to the charge.
Procedure - Members may consult the_________ for detailed guides outlining how to enter their eReport.
Police Information Centre - Versadex and eJust Support
Types of Arrest Warrants - A warrant to arrest is a ___________, which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein
written order signed by a judge, Justice of the Peace or coroner
Warrant in the First Instance - A peace officer, who believes that an offence has been committed by a person not yet apprehended, may seek a ________. The Justice must be given REASONABLE GROUNDS to believe that it is in the______ that a warrant be issued.
warrant in the first instance upon presentation of an Information to a Justice
public interest
Warrant in the First Instance - The ‘public interest’ may include
‒ the accused has fled
‒ the accused is evading capture
‒ danger to the public
‒ danger to the victim and/or witnesses
‒ nature and/or seriousness of the offence
‒ all attempts to locate the suspect have been exhausted
Warrant in the First Instance - Persons arrested on a warrant in the first must be presented to the_______ unless the warrant was ________. The ________ retains the discretion to release when the warrant is endorsed
court for a bail hearing, endorsed by the issuing Justice authorizing the release of the arrested person by an Officer in Charge
Officer in Charge
Warrants of Committal - A warrant of committal may be issued by the court upon the _________. It directs_______ to arrest the named/described individual and generally, in default of _________.
conviction of an accused for an offence, peace officers, payment of monetary penalty set by the court, to serve a period of time in jail.
Warrants of Committal - Warrants of committal also include warrants issued for
criminal convictions, small claims court warrants, federal/provincial parole violations, Immigration and Refugee Protection Act and provincial matters such as the Family Responsibility Act, the Trespass to Property Act, Safe Streets Act and the Highway Traffic Act.
Warrants of Committal - Persons arrested solely on warrants of committal are not to be brought before the court. They are to be
processed according to the instructions contained within the body of the warrant.
Members executing a Warrant of Committal SHALL also comply with Procedure 02–02. NIP
Bench Warrants - A bench warrant is an arrest warrant in Form 7 issued by a Justice having jurisdiction when an accused has failed to attend court when…
‒ when directed by Summons, Appearance Notice, Promise to Appear, Recognizance Entered Before an Officer in Charge, Judicial Interim Release, or
‒ when directed by the court to return on a subsequent date
Bench Warrants - When a person is arrested pursuant to a Superior Court bench warrant, the Court Services unit at Superior Court SHALL be advised forthwith by telephone and email regarding the following information
‒ name of the accused
‒ date of birth
‒ charge
‒ date of issue of the bench warrant
In the case of a bench warrant issued for drug charges, the person must be taken to Old City Hall Courts for a show cause hearing.
Bench Warrants – Fail to Appear or Additional Charge Being Laid - If a “Fail to Appear” or additional charge is laid in relation to the execution of a bench warrant issued by the Superior Court of Justice (Superior Court), the new charge will be heard in the _______. However, the individual must appear at the________ before any other court appearances for new or additional charges
Ontario Court of Justice (OCJ), Superior Court on the bench warrant
Bench Warrants – Fail to Appear or Additional Charge Being Laid - In circumstances where the Superior Court is not sitting, ______ SHALL be sought at the bail hearing.
a remand to the next sitting date of the Superior Court
Bench Warrants – Fail to Appear or Additional Charge Being Laid - In the case of a person appearing on Toronto Police Service (Service) charges but also wanted on a warrant held by another jurisdiction, a _______ SHALL be completed and given to a court officer at the Superior Court. Members SHALL make a prominent_______ to ensure that the person is not released until appearances have been made in both courts.
TPS 178, notation on the confidential crown envelope
Bench Warrants – Fail to Appear or Additional Charge Being Laid - Case managers SHALL advise the _______ by telephone and email regarding the execution of a Superior Court bench warrant at the time of processing.
Court Services unit at Superior Court forthwith
Bench Warrants – Fail to Appear or Additional Charge Being Laid - When a Superior Court bench warrant is issued, the Court Services unit at Superior Court SHALL
advise the warrant officer of the division in which the original charges were laid.
Surety Warrants - An accused may be released by a Justice on bail when __________. By doing so, _______________. The person acting as surety may lose________ if the accused does not appear on a court date or breaches a bail condition.
another person, who is acceptable to the Justice, acts as a surety and signs the accused’s bail
the surety accepts responsibility for the good conduct and appearance at court of the accused
the collateral (money or property stipulated in the bail recognizance)
Surety Warrants - A surety warrant is issued when ______. Upon issue of a surety warrant by the Justice, the accused can________. The original ______ must be obtained and taken to court for the commencement of the new bail hearing.
the person who is acting as surety appears before a Justice and requests relief from the obligations of being a surety
be arrested and a new bail hearing must be held on the original charges
Information
Surety Warrants - If the accused is show caused at the court where the warrant originated, a clerk from Court Services will ______. If the accused is show caused at a court other than where the original Information is held, the ______.
retrieve the Information, arresting unit SHALL arrange to obtain the Information and bring it to court.
Material Witness Warrants - Material witness warrants are issued by a Justice for the________ or has not appeared in court after being served a ________. No charge is laid as a result of the warrant being issued. Following an arrest, a bail hearing must be held to determine______.
A person arrested solely for a material witness warrant SHALL not be ______.
apprehension of a witness who is evading service of a subpoena, subpoena (s. 698 and 705 CC)
if the witness should be released until required to appear and give evidence
fingerprinted.
Immigration Warrants - Under section A55(1) of the Immigration and Refugee Protection Act (IRPA), a Canada Border Services Agency (CBSA) officer may issue a________ whom the officer has REASONABLE GROUNDS to BELIEVE is________, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection A44(2) of the IRPA.
warrant for the arrest and detention of a permanent resident or a foreign national
inadmissible and is a danger to the public or is unlikely to appear for examination
Immigration Warrants - When an inadmissible individual fails to comply with a CBSA officer’s request to appear at an enforcement office for reasons such as ________, the CBSA officer may issue a warrant for the arrest and detention of the individual. After a full investigation, if the individual cannot be located, a _______ for their arrest is entered on the Canadian Police Information Centre (CPIC) system, which is accessible to all law enforcement agencies and ultimately gives their officers the authority to arrest on the CBSA’s behalf.
receipt of a pre–removal risk assessment (PRRA) determination or to enforce their removal from Canada at a port of entry
Canada–wide warrant
Family Responsibility Arrest Warrants - The Family Responsibility Office (FRO) is a centralized enforcement program mandated to enforce________. Staff from the FRO may commence and conduct proceedings on behalf of support recipients in the family court to ensure _______, including conducting a Default Hearing under s.41 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
child and spousal court orders in the Province of Ontario, child and spousal support payments are made
Family Responsibility Arrest Warrants - If a support payor fails to attend a FRSAEA Default Hearing, the court may issue a ______. The warrant of arrest directs officers to take the named person to court so that a Justice can issue an ________to the person, directing them to attend a later court date.
warrant for arrest (Form 32B) under s. 41(7) of the FRSAEA, undertaking to appear (Form 131)
Family Responsibility Arrest Warrants - When a support payor is arrested on this type of warrant, the person may be taken to the ____, or if the court is not sitting, brought before a _______as soon as possible to be dealt with according to law.
family court, Justice of the Peace
Family Responsibility Arrest Warrants - The FRO Warrant unit may be contacted to assist in determining the ________. Staff from the FRO can be reached via phone at 416-240-2443 (police only), and members should leave a detailed voicemail message when contacting the FRO outside of regular business hours.
appropriate court return date to be noted on the undertaking to appear or recognizance
Civil Warrants - There are two (2) types of civil warrants for arrest; namely, _______ warrants. Members executing a civil warrant SHALL also comply with Procedure 02–14 NIP.
Small Claims Court warrants and Civil Court
Medical Orders - When a patient either refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a contagious, virulent or infectious disease,_______ gives the Medical Officer of Health (MOH) having jurisdiction the authority to apply for a court order to compel the named person to be detained for treatment.
the Health Protection and Promotion Act
Medical Orders - The order is specific to the named person, a named hospital and the police service in the jurisdiction where the application is made. Unless otherwise specified in the order, the effective radius for medical orders is restricted to the
jurisdiction of the applicant MOH.
Medical Orders - This is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
West Park Healthcare Centre, located at 82 Buttonwood Avenue (in 12 Division)
Obtaining an Arrest Warrant - Police Officer - When appearing before a Justice to obtain an arrest warrant SHALL
complete an eReport containing
‒ the person’s name, address, date of birth and the charge
‒ a synopsis of the charge
‒ attempts made to locate the person
‒ the name of the Justice signing the warrant
‒ the date the warrant is issued
‒ Warrant Application Supplementary text template
produce two (2) copies of the applicable Warrant for Arrest and Information in accordance with 02– 01 Appendix B, and Appendix C if applicable
swear to the Information
produce a crown envelope in compliance with Procedure 12–01 NIP
Obtaining an Arrest Warrant - Police Officer - After the Information and the warrant have been signed by the Justice SHALL
shall complete the applicable eReports
shall scan and attach the signed Information and warrant to the eReport
shall file the original Information, a copy of the warrant and the eReport with the appropriate court
shall notify RMS-Ops that the warrant requires entry onto CPIC
shall forward the original warrant and the eReport number to RMS–Ops
in exigent circumstance, may transmit by eFax to RMS–Ops so that the warrant is recorded on CPIC in a timely manner
‒ the scanned front and back of the warrant
‒ the eReport number
‒ and indicate that the original warrant will be sent to RMS–Ops by inter–departmental mail
shall insert in the crown envelope
‒ a copy of the eReport
‒ a copy of the warrant and Information
‒ the applicable Notice of Intention, when appropriate
shall file the crown envelope in the unit warrant file, if applicable
Executing an Arrest Warrant - A warrant may be executed
at any time, unless otherwise indicated on the warrant
by one or more officers to whom it is directed within the territorial jurisdiction or, if in fresh pursuit, anywhere in Canada
in another jurisdiction, provided it is endorsed by a Justice having authority to authorize execution of the warrant in the jurisdiction.
Authority to Enter a Dwelling-House without Warrant / Exigent Circumstances - Section 529.3(1) of the CC states that
Without limiting or restricting any power a peace officer may have to enter a dwelling–house under this or any other Act or law, the peace officer may enter the dwelling–house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has REASONABLE GROUNDS to believe that the person is present in the dwelling–house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
