Section 508 — Criminal Code: Justice to hear informant and witnesses

A justice who receives an information laid before him under section 505 shall 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; if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence, confirm the appearance notice or undertaking and endorse the information accordingly, or cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled;

and if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation. 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.