Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 810 — If injury or damage feared
An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to them or to their intimate partner or child…
Section 810.01 — Fear of certain offences
A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the Attorney General’s consent, lay an information…
Section 810.011 — Fear of terrorism offence
A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney General’s consent, lay an information before a provincial court judge. The…
Section 810.02 — Fear of forced marriage or marriage under age of 16 years
A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge. The…
Section 810.03 — Fear of domestic violence
Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the…
Section 810.1 — Where fear of sexual offence
Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171,…
Section 810.2 — Where fear of serious personal injury offence
Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney…
Section 810.21 — Audioconference or videoconference
If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or…
Section 810.22 — Transfer of order
If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an…
Section 810.3 — Samples — designations and specifications
For the purposes of sections 810, 810.01, 810.03, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with…
Section 810.4 — Prohibition on use of bodily substance
No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying…
Section 810.5 — Orders under sections 486 to 486.5 and 486.7
Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2. Every person who fails to comply with an order made under any of…
Section 811 — Breach of recognizance
A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of an indictable offence and is liable to imprisonment for a term of…
Section 811.1 — Proof of certificate of analyst — bodily substance
In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating…
Section 812 — Definition of appeal court
For the purposes of sections 813 to 828, appeal court means in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the…
Section 813 — Appeal by defendant, informant or Attorney General
Except where otherwise provided by law, the defendant in proceedings under this Part may appeal to the appeal court from a conviction or order made against him, against a sentence passed on him, or…
Section 814 — Manitoba and Alberta
In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose,…
Section 815 — Notice of appeal
An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court. The appeal court or a judge thereof may…
Section 816 — Release order — appellant
A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at…
Section 817 — Recognizance of prosecutor
The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in…
Section 818 — Application to appeal court for review
Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the…
Section 819 — Application to fix date for hearing of appeal
Where, in the case of an appellant who has been convicted by a summary conviction court and who is in custody pending the hearing of his appeal, the hearing of his appeal has not commenced within…
Section 820 — Payment of fine not a waiver of appeal
A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right…
Section 821 — Notification and transmission of conviction, etc.
Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or…
Section 822 — Certain sections applicable to appeals
Where an appeal is taken under section 813 in respect of any conviction, acquittal, sentence, verdict or order, sections 683 to 689, with the exception of subsections 683(3) and 686(5), apply, with…
Section 823
[Repealed, 1991, c. 43, s. 9]
Section 824 — Adjournment
The appeal court may adjourn the hearing of an appeal from time to time as may be necessary.
Section 825 — Dismissal for failure to appear or want of prosecution
The appeal court may, on proof that notice of an appeal has been given and that the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance…
Section 826 — Costs
Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.
Section 827 — To whom costs payable, and when
Where the appeal court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the court, to be paid by him to the person entitled to them, and…
Section 828 — Enforcement of conviction or order by court of appeal
A conviction or order made by the appeal court may be enforced in the same manner as if it had been made by the summary conviction court; or by process of the appeal court. Where an appeal taken…
Section 829 — Definition of appeal court
Subject to subsection (2), for the purposes of sections 830 to 838, appeal court means, in any province, the superior court of criminal jurisdiction for the province. If the appeal is from a…
Section 830 — Appeals
A party to proceedings to which this Part applies or the Attorney General may appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental…
Section 831 — Application
The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the…
Section 832 — Release order or recognizance
If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the…
Section 833 — No writ required
No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the…
Section 834 — Powers of appeal court
When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may affirm, reverse or modify the conviction, judgment, verdict or other…
Section 835 — Enforcement
Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce…
Section 836 — Appeal under section 830
Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813…
Section 837 — Appeal barred
Where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order.
Section 838 — Extension of time
The appeal court or a judge thereof may at any time extend any time period referred to in section 830, 831 or 832.
Section 839 — Appeal on question of law
Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone,…
Section 840 — Fees and allowances
Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and…
Section 841 — Definitions
The definitions in this section apply in this section and in sections 842 to 847. data means representations of information or concepts, in any form. ( données ) electronic document means data that…
Section 842 — Dealing with data in court
Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with…
Section 843 — Transfer of data
Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of…
Section 844 — Documents in writing
A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.
Section 845 — Signatures
If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.
Section 846 — Oaths
If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic…
Section 847 — Copies
Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on…