30 Questions
Who has been designated as an officer in charge according to Part XVI of the Criminal Code?
All police officers holding the rank of sergeant/detective or higher
When must police officers who are required to testify as an officer in charge state their designation?
In their evidence
Who shall be the releasing officer when an unconditional release occurs in a police station?
The officer in charge
Where can a letter indicating authorization as an officer in charge be obtained?
At all court offices
What should a police officer do when a person in custody is released unconditionally?
Comply with Procedure 01–01.
Who can issue a warrant to arrest?
Superior Court Judge
Under what circumstances can a bench warrant be issued?
All of the above
When can a surety warrant be issued?
When the person acting as surety requests relief from the obligations
What happens after a person is arrested solely on a warrant of committal?
They are processed according to the instructions contained within the body of the warrant
What is the purpose of a material witness warrant?
To apprehend a witness who has not appeared in court after being served a subpoena
When should the revocation of bail process be commenced for an accused person?
When the original offence is murder or attempt murder
What should be done upon completion of any notification of bail conditions to the victim by the case manager, other police officer, or themselves?
Ensure proper notations of the date, time, person contacted, and other details are added as supplementary information to the original eReport
What should be ensured when an arrested person should be held for a bail hearing?
Compliance with Procedure 12–01 and consideration given to opposing bail whenever safety is believed to be at risk
What should be done upon receipt of release documents from Court Services for specific cases?
Forward the documents to the detective sergeant
What action should be taken upon receipt of a completed TPS 483 and/or release documents from the Officer in Charge?
Review the completed documents and ensure forwarding them to the appropriate case manager
What must be considered before a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses appears in court?
Public interest and attendance in court
Which form can be used to release a person charged with indictable offenses or dual procedure offenses if certain terms are met?
Form 9
What must the Officer in Charge ensure before releasing a person charged with indictable offenses, dual procedure offenses, or summary conviction offenses?
Confidential Crown Envelope requirements are met
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 releasing the accused person
What is the primary focus of police efforts for bail hearings and detention orders?
Safety of the victim and protection of the general public
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?
Reasonable grounds to believe the individual is inadmissible and poses a danger to the public or is unlikely to appear for examination
When can a CBSA officer issue a warrant for the arrest and detention of an inadmissible individual?
If the individual fails to comply with a request to appear at an enforcement office for reasons such as receipt of a pre-removal risk assessment (PRRA) determination
What action may lead to the issuance of a warrant for the arrest and detention of an inadmissible individual at a port of entry?
Failure to comply with enforcement measures for removal from Canada
What is the purpose of issuing a warrant for the arrest and detention of an inadmissible individual?
To ensure they do not pose a danger to the public or evade immigration proceedings
Who has the authority to issue warrants for the arrest and detention of inadmissible individuals under Canadian immigration law?
Canada Border Services Agency (CBSA) officers
What must the case manager ensure when seeking a detention order?
Note opposition to bail and grounds for continued detention
What should be ensured when an arrested person should be held for a bail hearing?
Ensure the brief contains a notation of the previous charge, court date, and form of release
When seeking a judicial interim release, what must the case manager recommend?
Appropriate release conditions directly related to one of the grounds outlined in ss. 515(10) CC
What is the designated police facility for accused persons to report to?
Organized Crime Enforcement – Bail & Parole
When should the victim be personally notified of the conditions of release?
"As soon as possible after bail is granted"
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.
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.
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