Podcast
Questions and Answers
Who has been designated as an officer in charge according to Part XVI of the Criminal Code?
Who has been designated as an officer in charge according to Part XVI of the Criminal Code?
When must police officers who are required to testify as an officer in charge state their designation?
When must police officers who are required to testify as an officer in charge state their designation?
Who shall be the releasing officer when an unconditional release occurs in a police station?
Who shall be the releasing officer when an unconditional release occurs in a police station?
Where can a letter indicating authorization as an officer in charge be obtained?
Where can a letter indicating authorization as an officer in charge be obtained?
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What should a police officer do when a person in custody is released unconditionally?
What should a police officer do when a person in custody is released unconditionally?
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Who can issue a warrant to arrest?
Who can issue a warrant to arrest?
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Under what circumstances can a bench warrant be issued?
Under what circumstances can a bench warrant be issued?
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When can a surety warrant be issued?
When can a surety warrant be issued?
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What happens after a person is arrested solely on a warrant of committal?
What happens after a person is arrested solely on a warrant of committal?
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What is the purpose of a material witness warrant?
What is the purpose of a material witness warrant?
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When should the revocation of bail process be commenced for an accused person?
When should the revocation of bail process be commenced for an accused person?
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What should be done upon completion of any notification of bail conditions to the victim by the case manager, other police officer, or themselves?
What should be done upon completion of any notification of bail conditions to the victim by the case manager, other police officer, or themselves?
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What should be ensured when an arrested person should be held for a bail hearing?
What should be ensured when an arrested person should be held for a bail hearing?
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What should be done upon receipt of release documents from Court Services for specific cases?
What should be done upon receipt of release documents from Court Services for specific cases?
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What action should be taken upon receipt of a completed TPS 483 and/or release documents from the Officer in Charge?
What action should be taken upon receipt of a completed TPS 483 and/or release documents from the Officer in Charge?
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What must be considered before a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses appears in court?
What must be considered before a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses appears in court?
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Which form can be used to release a person charged with indictable offenses or dual procedure offenses if certain terms are met?
Which form can be used to release a person charged with indictable offenses or dual procedure offenses if certain terms are met?
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What must the Officer in Charge ensure before releasing a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses?
What must the Officer in Charge ensure before releasing a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses?
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When must the victim be notified of release conditions and next court date for a person charged with sexual assault, criminal harassment, or related charge?
When must the victim be notified of release conditions and next court date for a person charged with sexual assault, criminal harassment, or related charge?
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What is the primary focus of police efforts for bail hearings and detention orders?
What is the primary focus of police efforts for bail hearings and detention orders?
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What is the basis for a Canada Border Services Agency (CBSA) officer to issue a warrant for the arrest and detention of a permanent resident or foreign national?
What is the basis for a Canada Border Services Agency (CBSA) officer to issue a warrant for the arrest and detention of a permanent resident or foreign national?
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When can a CBSA officer issue a warrant for the arrest and detention of an inadmissible individual?
When can a CBSA officer issue a warrant for the arrest and detention of an inadmissible individual?
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What action may lead to the issuance of a warrant for the arrest and detention of an inadmissible individual at a port of entry?
What action may lead to the issuance of a warrant for the arrest and detention of an inadmissible individual at a port of entry?
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What is the purpose of issuing a warrant for the arrest and detention of an inadmissible individual?
What is the purpose of issuing a warrant for the arrest and detention of an inadmissible individual?
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Who has the authority to issue warrants for the arrest and detention of inadmissible individuals under Canadian immigration law?
Who has the authority to issue warrants for the arrest and detention of inadmissible individuals under Canadian immigration law?
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What must the case manager ensure when seeking a detention order?
What must the case manager ensure when seeking a detention order?
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What should be ensured when an arrested person should be held for a bail hearing?
What should be ensured when an arrested person should be held for a bail hearing?
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When seeking a judicial interim release, what must the case manager recommend?
When seeking a judicial interim release, what must the case manager recommend?
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What is the designated police facility for accused persons to report to?
What is the designated police facility for accused persons to report to?
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When should the victim be personally notified of the conditions of release?
When should the victim be personally notified of the conditions of release?
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Study Notes
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Persons charged with indictable offenses, dual procedure offenses, or summary conviction offenses must consider public interest and attendance in court before appearing in court.
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If terms are met, person can be released by Form 9 or Criminal Summons, and must be served with a TPS 493.
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If terms are not met, person must be brought before the officer in charge and may be detained or released with conditions.
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A Form 11.1 can be used to compel an accused to enter into conditions.
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Before releasing a person, the officer in charge must ensure the Confidential Crown Envelope requirements are met.
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When releasing a person, safety, age, gender, condition, and location must be considered.
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When releasing a person on a sexual assault, criminal harassment, or related charge, the victim must be notified of release conditions and next court date.
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The Officer in Charge must review and forward release documents to the appropriate case manager.
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Routine Order 2022.06.15-0629 has been issued, and members must follow the direction/amendment contained in the order.
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The focus of police efforts for bail hearings and detention orders is the safety of the victim and the protection of the general public.
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Bail opposition must be considered when the safety of the victim, the victim's dependents, or the public is at risk.
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The Officer in Charge is responsible for recommending the opposition of bail and providing detailed reasons to the crown attorney.
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The case manager must notify the Officer in Charge of all results relating to victim notification.
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Intimate partner violence cases must prioritize the safety of the victim and the protection of the general public.
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Appropriate conditions must be sought to govern the behavior of an accused person and protect the victim, witness, and community when a detention order cannot be justified.
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If an accused person appears before the courts with a new arrest, the case manager must be notified of the new arrest, court date, and location.
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The accused person must comply with Procedure 02–01 as appropriate and ensure the brief contains a notation of the previous charge, court date, and form of release.
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If the accused person has an outstanding warrant in another jurisdiction, the managing agency must be notified of the new charges and the date, time, and location of the bail hearings.
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When seeking a detention order, the case manager must follow Procedure 12–01, note opposition to bail and grounds for continued detention, and complete a TPS – PS – Show Cause template.
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An adjournment may be requested when there are unfinished aspects of the investigation, and the victim must be informed of their right to attend the bail hearing and consider calling them to testify.
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Compliance with Procedure 05–21 must be ensured, including search and seizure provisions, and considerations for weapons prohibition, non-communication orders, psychiatric examinations, and risk assessments.
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If the opinion of the case manager or investigator believes the victim is at an elevated risk due to the release of the accused, TPS 483 must be completed, and the case brief marked "Victim Notification."
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When seeking a judicial interim release, the case manager must ensure compliance with Procedure 12-01 and recommend appropriate release conditions directly related to one of the grounds outlined in ss. 515(10) CC.
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Organized Crime Enforcement – Bail & Parole is the designated police facility for accused persons to report to, open between 0900 and 2100 hours, Monday through Friday, and considerations for victim and public notifications, employer notification, and the service of a YCJA Parent.
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The victim must be personally notified of the conditions of release as soon as possible after bail is granted.
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Test your knowledge on the proper procedures for providing support to victims during the legal process, including notification of court dates, safety planning, and referral to victim services.