Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 762 — Applications for forfeiture
Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces…
Section 763 — Undertaking or release order binding on person
If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the…
Section 764 — Undertaking or release order binding on accused
If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and…
Section 765 — Effect of subsequent arrest
If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and…
Section 766 — Render of accused by sureties
A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under…
Section 767 — Render of accused in court by sureties
A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance…
Section 767.1 — Substitution of surety
If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation…
Section 768 — Rights of surety preserved
Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.
Section 769 — Application of judicial interim release provisions
Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with…
Section 770 — Default to be endorsed
If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or…
Section 771 — Proceedings in case of default
If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court, a judge of the court shall, on the request of the clerk of the…
Section 772 — Levy under writ
Where a writ of fieri facias is issued pursuant to section 771, the sheriff to whom it is delivered shall execute the writ and deal with the proceeds thereof in the same manner in which he is…
Section 773 — Committal when writ not satisfied
Where a writ of fieri facias has been issued under this Part and it appears from a certificate in a return made by the sheriff that sufficient goods and chattels, lands and tenements cannot be found…
Section 774 — Application of Part
This Part applies to proceedings in criminal matters by way of certiorari , habeas corpus , mandamus , procedendo and prohibition.
Section 774.1 — Appearance in person — habeas corpus
Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear in court in person.
Section 775 — Detention on inquiry to determine legality of imprisonment
Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has…
Section 776 — Where conviction or order not reviewable
No conviction or order shall be removed by certiorari where an appeal was taken, whether or not the appeal has been carried to a conclusion; or where the defendant appeared and pleaded and the merits…
Section 777 — Conviction or order remediable, when
No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari , be held to be invalid by reason of any irregularity, informality or insufficiency therein,…
Section 778 — Irregularities within section 777
Without restricting the generality of section 777, that section shall be deemed to apply where the statement of the adjudication or of any other matter or thing is in the past tense instead of in the…
Section 779 — General order for security by recognizance
A court that has authority to quash a conviction, order or other proceeding on certiorari may prescribe by general order that no motion to quash any such conviction, order or other proceeding removed…
Section 780 — Effect of order dismissing application to quash
Where a motion to quash a conviction, order or other proceeding is refused, the order of the court refusing the application is sufficient authority for the clerk of the court forthwith to return the…
Section 781 — Want of proof of order in council
No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given of a proclamation or order of the…
Section 782 — Defect in form
No warrant of committal shall, on certiorari or habeas corpus , be held to be void by reason only of any defect therein, where it is alleged in the warrant that the defendant was convicted; and there…
Section 783 — No action against official when conviction, etc., quashed
Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his…
Section 784 — Appeal in mandamus , etc.
An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition. Except as provided in this section, Part XXI…
Section 785 — Definitions
In this Part, clerk of the appeal court includes a local clerk of the appeal court; ( greffier de la cour d’appel ) informant means a person who lays an information; ( dénonciateur ) information…
Section 786 — Application of Part
Except where otherwise provided by law, this Part applies to proceedings as defined in this Part. No proceedings shall be instituted more than 12 months after the time when the subject matter of the…
Section 787 — General penalty
Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more…
Section 788 — Commencement of proceedings
Proceedings under this Part shall be commenced by laying an information in Form 2. Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices,…
Section 789 — Formalities of information
In proceedings to which this Part applies, an information shall be in writing and under oath; and may charge more than one offence or relate to more than one matter of complaint, but where more than…
Section 790 — Any justice may act before and after trial
Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the…
Section 791
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]
Section 792
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]
Section 793
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]
Section 794 — No need to negative exception, etc.
No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information. [Repealed, 2018, c. 29, s. 68]
Section 795 — Application of Parts XVI, XVIII, XVIII.1, XX, XX.1 and XXII.01
The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, the provisions of Parts XVIII.1, XX and XX.1, insofar as they are not inconsistent with…
Section 796 and 797
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]
Section 798 — Jurisdiction
Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has…
Section 799 — Non-appearance of prosecutor
Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the…
Section 800 — When both parties appear
Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial. A defendant may appear personally or by counsel or agent, but the summary…
Section 801 — Arraignment
Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked, whether he pleads guilty or not guilty to the information,…
Section 802 — Right to make full answer and defence
The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence. The prosecutor or defendant, as the case may be, may examine and…
Section 802.1 — Limitation on the use of agents
Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than…
Section 803 — Adjournment
The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or…
Section 804 — Finding of guilt, conviction, order or dismissal
When the summary conviction court has heard the prosecutor, defendant and witnesses, it shall, after considering the matter, convict the defendant, discharge the defendant under section 730, make an…
Section 805
[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 179]
Section 806 — Memo of conviction or order
If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter…
Section 807 — Disposal of penalties when joint offenders
Where several persons join in committing the same offence and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the…
Section 808 — Order of dismissal
Where the summary conviction court dismisses an information, it may, if requested by the defendant, draw up an order of dismissal and shall give to the defendant a certified copy of the order of…
Section 809 — Costs
The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or…