Difference between revisions of "Criminal Charges (1:IV)"

Bill C-75, An Act to amend the ''Criminal Code'', the ''Youth Criminal Justice Act'' and other Acts and to make consequential amendments to other Acts, 42nd Parliament, 2019, cl 210 (received Royal Assent on June 21, 2019, coming into force on December 18, 2019) [Bill C-75] amended the ''Criminal Code'' to add sections 493.1 and 493.2 regarding releasing accused that are in custody. In short, the amendment emphasized the rulings in ''R v Antic'' and ''R v Myers'', stating that peace officers, justices, and judges should place the highest priority on releasing an accused at the earliest possible opportunity and on the least onerous grounds. Furthermore, section 493.2 obligates peace officers, justices, and judges to give particular attention to the circumstances of Aboriginal accused and those accused who belong to vulnerable populations that are overrepresented in the criminal justice system and are disadvantaged in obtaining release.

A warrant for arrest may be issued when an accused fails to appear for a summons or a justice decides that it is in the public interest to issue a warrant. Some common situations where this arises are as follows:

* An appearance notice or summons was issued for the accused to attend court, and they did not attend court at the appropriate date and time;