Criminal Code of Canada

PART XVI- COMPELLING APPEARANCE OF ACCUSED BEFORE JUSTICE AND INTERIM RELEASE

PROCEDURE TO PROCURE ATTENDANCE OF A PRISONER

527 (1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if

(a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and

(b) the judge is satisfied that the ends of justice require that an order be made.

(2) A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.

(3) An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall

(a) deliver the prisoner to any person who is named in the order to receive him; or

(b) bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.

(4) Where a prisoner is required as a witness, the judge or provincial court judge shall direct, in the order, the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.

(5) Where the appearance of a prisoner is required for the purposes of paragraph (1)(a) or (b), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

(a) to be kept in custody, if he is ordered to stand trial; or

(b) to be returned, if he is discharged on a preliminary inquiry or if he is acquitted of the charge against him.

(6) Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is con-victed and sentenced to imprisonment by the court, judge, justice or provincial court judge.

(7) On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.

(8) An order under subsection (7) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall deliver the prisoner to the peace officer who is named in the order to receive him.

(9) When the purposes of any order made under this section have been carried out, the prisoner shall be returned to the place where he was confined at the time the order was made.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Time limits

(2) An order of temporary surrender is subject to the time limits set out in subsections 40(1) and (5) and paragraph 41(1)(c).

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Assurances

(3) The Minister may not order temporary surrender under subsection (1) unless the extradition partner gives an assurance that the person will remain in custody while temporarily surrendered to the extradition partner and

(a) in the case of temporary surrender for a trial, that the person will be returned within 30 days after the completion of the trial, unless a relevant extradition agreement provides for another time limit; and
(b) in the case of temporary surrender for an appeal, that the person will be returned within 30 days after the completion of the proceedings for which the presence of the person was required, unless a relevant extradition agreement provides for another time limit.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Time limit

(4) The Minister may require the extradition partner to give an assurance that the person will be returned no later than a specified date or that the person will be returned on request of the Minister.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Assurances in extradition agreements

(5) Any assurance referred to in subsections (3) and (4) that is included in a relevant extradition agreement need not be repeated as a specific assurance.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender after temporary surrender

(6) A person shall, subject to subsection (7), be surrendered to the extradition partner without a further request for extradition after the person

(a) has been temporarily surrendered;
(b) has been convicted by the extradition partner and had a term of imprisonment imposed on them;
(c) has been returned to Canada under subsection (4); and
(d) has finished serving the portion of the sentence that they were serving in custody in Canada at the time of the temporary surrender, unless the Minister orders that they be surrendered earlier.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. No final surrender if circumstances warrant

(7) The Minister may, in circumstances that the Minister considers appropriate, revoke the surrender order and order the discharge of the person.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Notice

(8) The authority who has custody of the person to be surrendered under subsection (6) shall give the Minister reasonable notice of the time when the portion of the person’s sentence to be served in custody is to expire.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender when Canadian sentence expires

(9) When the sentence that the person is serving in Canada expires during the period during which the person is temporarily surrendered to an extradition partner, the surrender is considered to be a final surrender.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Waiver of return

(10) The Minister may, after consultation with the Minister of Public Safety and Emergency Preparedness or the appropriate provincial minister responsible for corrections, waive the return of the person by the extradition partner.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender despite subsection 3(3)

(11) A person may be surrendered under subsection (6) even if the term of imprisonment imposed by the extradition partner, or the portion of the term remaining to be served, is less than that required by subsection 3(3).
1999, c. 18, s. 66; 2005, c. 10, s. 34.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER

67. Order for surrender

An order of surrender prevails over a prior warrant or other order under which the person to whom it applies is otherwise detained in Canada or at liberty under terms and conditions.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER

68. Calculation of sentence

For the purposes of calculating a sentence that a person to whom an order of temporary surrender applies is serving in Canada at the time of the temporary surrender, the person

(a) is credited with any time that is served in custody outside Canada under a temporary surrender order; and
(b) remains eligible for remission in accordance with the laws of the correctional system under which the person was serving the sentence in Canada.