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SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— exercising all the powers that a federal statute confers on a justice of the peace, except the power to take evidence at the preliminary inquiry and the powers to discharge the accused or to order the accused to stand trial (section 548 of the Criminal Code (R.S.C. 1985, c. C-46)) and except, for trying proceedings commenced under Part XXVII, the power to proceed with the trial and to take the evidence of witnesses, from both the prosecution and the defence, where the defendant pleads not guilty (section 801(3) of the Criminal Code) in connection with an offence under the Criminal Code, the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Food and Drugs Act (R.S.C. 1985, c. F-27) or the Cannabis Act (S.C. 2018, c. 16);
— ordering the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence, with the consent of the accused and the prosecutor (section 549 of the Criminal Code);
— convicting or discharging the defendant who pleads guilty or making an order against the defendant (section 801(2) of the Criminal Code) in connection with an offence under the Criminal Code, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Cannabis Act prosecuted under Part XXVII;
— exercising the powers of two justices of the peace in connection with any indictable offence under the jurisdiction of a provincial court judge, but for the sole purpose of taking the plea of an accused or defendant, without commencing to hear evidence (section 669.1 of the Criminal Code);
— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;
— presiding at appearances and ordering the remanding of the accused to custody (article 92 of the Code of Penal Procedure);
— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);
— issuing arrest warrants;
— issuing warrants, telewarrants, orders and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the statutes of Québec that are under the jurisdiction of a justice of the peace or of a judge of the Court of Québec;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the purposes of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (S.C. 1995, c. 39) (reference of a decision of the chief firearms officer);
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code);
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (S.C. 2002, c. 1);
— issuing a warrant for witness (article 42 of the Code of Penal Procedure);
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure);
— issuing certificates and homologating summonses to appear in accordance with article 35.1 of the Code of Penal Procedure.
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— trying proceedings commenced under Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Food and Drugs Act (R.S.C. 1985, c. F-27) and the Cannabis Act (S.C. 2018, c. 16);
— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;
— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code and article 92 of the Code of Penal Procedure);
— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);
— issuing arrest warrants;
— issuing warrants, telewarrants, orders and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (S.C. 1995, c. 39) (reference of a decision of the chief firearms officer);
— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (S.C. 2002, c. 1);
— issuing a warrant for witness;
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure);
— issuing certificates and homologating summonses to appear in accordance with article 35.1 of the Code of Penal Procedure.
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— trying proceedings commenced under Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Food and Drugs Act (R.S.C. 1985, c. F-27) and the Cannabis Act (S.C. 2018, c. 16);
— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;
— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code and article 92 of the Code of Penal Procedure);
— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);
— issuing arrest warrants;
— issuing warrants, telewarrants, orders and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (S.C. 1995, c. 39) (reference of a decision of the chief firearms officer);
— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (S.C. 2002, c. 1);
— issuing a warrant for witness;
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure).
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— trying proceedings commenced under Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Food and Drugs Act (R.S.C. 1985, c. F-27) and the Cannabis Act (S.C. 2018, c. 16);
— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;
— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code);
— issuing arrest warrants;
— issuing warrants and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (S.C. 1995, c. 39) (reference of a decision of the chief firearms officer);
— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (S.C. 2002, c. 1);
— issuing a warrant for the arrest of a witness;
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure).
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— trying proceedings commenced under Part XXVII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) and the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27);
— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;
— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code);
— issuing arrest warrants;
— issuing warrants and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (Statutes of Canada, 1995, chapter 39) (reference of a decision of the chief firearms officer);
— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (Statutes of Canada, 2002, chapter 1);
— issuing a warrant for the arrest of a witness;
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure).
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
SCHEDULE V
(Sections 173 and 181)
POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE
1. Principal powers exercised concurrently with the judges of the Court of Québec:
— trying proceedings commenced under Part XXVII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) and the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27);
— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure (chapter C-25.1) applies;
— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code);
— issuing arrest warrants;
— issuing warrants and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;
— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);
— ruling on contested applications relating to the disposal of property seized with or without a warrant;
— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (Statutes of Canada, 1995, chapter 39) (reference of a decision of the chief firearms officer);
— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;
— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;
— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (Statutes of Canada, 2002, chapter 1);
— issuing a warrant for the arrest of a witness;
— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);
— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);
— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure).
2. Incidental powers:
— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.
3. Suppletory powers:
— exercising the functions and powers conferred on administrative justices of the peace.
