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The police can arrest under summary conviction without an arrest warrant if found committing a summary offence notwithstanding s. 495(2)(c) of the Criminal Code. [7] If the police do not find committing a summary offence, an arrest warrant is required. Accused does not have to submit fingerprints when charged under Summary Conviction. [8]
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence; This provides a right against self-incrimination. R. v. Hebert, [1990] 2 SCR 151 confirms that this right extends to situations where the police employ "unfair tricks" such as sending an undercover police officer to pose as a sympathetic cellmate.
Examples of offences which are always summary offences include trespassing at night (section 177), [2] causing a disturbance (section 175) [2] and taking a motor vehicle without the owner's consent (section 335) [2] (an equivalent to the British TWOC). Summary conviction offences are tried by a judge alone in the province's provincial court.
The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel ).
In Canada, the offence (known as public mischief) is defined by section 140 of the Criminal Code: 140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by (a) making a false statement that accuses some other person of having committed an offence;
The Canadian Police Information Centre (CPIC; French: Centre d'information de la police canadienne, CIPC) is the central police database where Canada's law enforcement agencies can access information on a number of matters. It is Canada's only national law enforcement networking computer system ensuring officers all across the country can ...
If the offence is a summary conviction offence (or a hybrid offence where the Crown elects to proceed summarily), the maximum fine is $5,000, unless otherwise stated in the statute. [ 29 ] Before a court imposes a fine, it must inquire into the ability to pay the fine.
The bill made it an offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offences, with a mandatory minimum $50 fine. [14]