Section 507 — Criminal Code: Justice to hear informant and witnesses — public prosecutions

Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant, hear and consider, ex parte , the allegations of the informant, and the evidence of witnesses, where he considers it desirable or necessary to do so; and where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence. No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant. A justice who hears the evidence of a witness pursuant to subsection (1) shall take the evidence on oath; and cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied. Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused. A justice shall not sign a summons or warrant in blank. A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29. If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508. Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.