Jump to content

Criminal Code Forms

From Criminal Law Notebook
Revision as of 16:31, 12 February 2019 by Admin (talk | contribs) (Form 4)
See also: List of Criminal Code Forms

Forms

Form 1

FORM 1
(Sections 320.29 and 487)
Information To Obtain a Search Warrant

Canada,

Province of __________,

(territorial division).

This is the information of A.B., of __________ in the said (territorial division), (occupation), hereinafter called the informant, taken before me.

The informant says that (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said things, or some part of them, are in the (dwelling-house, etc.) of C.D., of __________, in the said (territorial division). (Here add the grounds of belief, whatever they may be.)

Wherefore the informant prays that a search warrant may be granted to search the said (dwelling-house, etc.) for the said things.

Sworn before me this blank line day of __________, A.D. __________, at __________.

(Signature of Informant)

________________________________ A Justice of the Peace in and for __________

R.S., 1985, c. C-46, Form 1; 2018, c. 21, s. 28.

Form 2

CanLII Copy/Paste
FORM 2
(Sections 506 and 788)
Information

Canada,

Province of ___________,

(territorial division).

This is the information of C.D., of ___________, (occupation), hereinafter called the informant.

The informant says that (if the informant has no personal knowledge state that he believes on reasonable grounds and state the offence).

Sworn before me this ___________ day of ___________, A.D. ___________, at ___________.

______________________
(Signature of Informant)

__________________________________ A Justice of the Peace in and for ___________

Note: The date of birth of the accused may be mentioned on the information or indictment.

R.S., 1985, c. C-46, Form 2; R.S., 1985, c. 27 (1st Supp.), s. 184.

Form 3

  • Repealed

Form 4

FORM 4
(Sections 566, 566.1, 580 and 591)
Heading of Indictment

Canada,

Province of __________,

(territorial division).

In the (set out name of the court)

Her Majesty the Queen

against

(name of accused)

(Name of accused) stands charged

1 That he (state offence).

2 That he (state offence).

Dated this __________ day of blank line A.D. __________, at __________.

__________________________________________________________________________________ (Signature of signing officer, Agent of Attorney General, etc., as the case may be)

Note: The date of birth of the accused may be mentioned on the information or indictment.

R.S., 1985, c. C-46, Form 4; R.S., 1985, c. 27 (1st Supp.), s. 184; 1999, c. 3, s. 58.

Form 5

CanLII Copy/Paste

Form 5.001

CanLII Copy/Paste

Form 5.002

CanLII Copy/Paste

Form 5.003

CanLII Copy/Paste

Form 5.004

CanLII Copy/Paste

FORM 5.004
(Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))
Information To Obtain a Production Order

Canada,

Province of __________

(territorial division)

This is the information of (name of peace officer or public officer), of __________ (“the informant”).

The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe)

(a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and
(b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.
(or)
(b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.
(or)
(b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.

The reasonable grounds are:

The informant therefore requests

(if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).

(or)

(if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.

(or)

(if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.

Sworn before me on (date), at (place).

________________________
(Signature of informant)
________________________________
(Signature of justice or judge)

2014, c. 31, s. 26.

Form 5.005

CanLII Copy/Paste

Form 5.006

CanLII Copy/Paste

Form 5.007

CanLII Copy/Paste

Form 5.008

CanLII Copy/Paste

Form 5.0081

Form 5.009

Form 5.0091

Form 5.01

Form 5.02

Form 5.03

Form 5.04

Form 5.041

Form 5.05

Form 5.06

Form 5.061

Form 5.062

Form 5.07

Form 5.08

Form 5.09

Form 5.1

CanLII Copy/Paste
FORM 5.1
(Section 487.1)
Warrant To Search

Canada,

Province of [specify province].

To A.B. and other peace officers in the [territorial division in which the warrant is intended for execution]:

Whereas it appears on the oath of A.B., a peace officer in the [territorial division in which the warrant is intended for execution], that there are reasonable grounds for dispensing with an information presented personally and in writing; and that there are reasonable grounds for believing that the following things

[describe things to be searched for]

relevant to the investigation of the following indictable offence

[describe offence in respect of which search is to be made]

are to be found in the following place or premises

[describe place or premises to be searched]:

This is, therefore, to authorize you to enter the said place or premises between the hours of [as the justice may direct] and to search for and seize the said things and to report thereon as soon as practicable but within a period not exceeding seven days after the execution of the warrant to the clerk of the court for the [territorial division in which the warrant is intended for execution].

Issued at [time] on the [day] of [month] A.D. [year], at [place].

_____________________________________________________________________________
A Judge of the Provincial Court in and for the Province of [specify province].

To the Occupant: This search warrant was issued by telephone or other means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath.

You may obtain from the clerk of the court a copy of the report filed by the peace officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held.

R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 17.

Form 5.2

CanLII Copy/Paste
FORM 5.2
(Section 489.1)
Report to a Justice

Canada,

Province of __________,

(territorial division).

To the justice who issued a warrant to the undersigned pursuant to section 256, 487 or 487.1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued pursuant to section 256, 487 or 487.1 of the criminal Codeor under section 489 of the criminal Code or otherwise in the execution of duties under theCriminal Code or other Act of Parliament to be specified)

1 searched the premises situated at __________; and

2 seized the following things and dealt with them as follows:

Property Seized
Disposition
(describe each thing seized) (state, in respect of each thing seized, whether
(a) it was returned to the person lawfully entitled to its possession, in which case the receipt therefor shall be attached hereto, or
(b) it is being detained to be dealt with according to law, and the location and manner in which, or where applicable, the person by whom it is being detained).

1. __________   __________
2. __________   __________
3. __________   __________
4. __________   __________


In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9) of the Criminal Code shall be specified in the report.

Dated this __________ day of __________ A.D. __________, at __________.

__________________________________________
Signature of peace officer or other person

R.S., 1985, c. 27 (1st Supp.), s. 184.

}

Form 5.3

Form 6

Form 7

Form 7.1

Form 8

Form 9

Form 10

Form 11

Form 11.1

Form 12

Form 13

Form 14

Form 15

Form 16

Form 16.1

Form 17

Form 18

Form 19

Form 20

Form 21

Form 22

Form 23

Form 24

Form 25

Form 26

Form 27

FORM 27
(Section 773)
Warrant of Committal on Forfeiture of a Recognizance

Canada,

Province of _________,

(territorial division).

To the sheriff of (territorial division) and to the keeper of the (prison) at _________:

You are hereby commanded to arrest, if necessary, and take (A.B. and C.D. as the case may be) hereinafter called the defaulters, and to convey them safely to the (prison) at _________ and deliver them to the keeper thereof, together with the following precept:

You, the said keeper, are hereby commanded to receive the defaulters into your custody in the said prison and imprison them for a period of _________ or until satisfaction is made of a judgment debt of _________ dollars due to Her Majesty the Queen in respect of the forfeiture of a recognizance entered into by _________ on the _________ day of _________ A.D. _________.

Dated this _________ day of blank line A.D. blank line .

__________________
Clerk of the _________

(Seal)

R.S., 1985, c. C-46, Form 27; R.S., 1985, c. 27 (1st Supp.), s. 184.

Form 28

Form 29

Form 30

Form 31

Form 32


Form 33

Form 34

Form 34.1

Form 34.2



Form 34.3


Form 35

Form 36

Form 37

Form 38

Form 39

Form 40

Form 41

Form 42

Form 43

Form 43

Form 44

Form 45

Form 46

Form 47

File:Form 47.png

Form 48

Form 48.1

Form 48.2



Form 49

Form 50

Form 51

Form 52

Form 53

Form 54