A. Renaud

An application by the Windsor Police Service for a remand in custody of the accused, Precious Ahamarene, pursuant to section 503 of the Criminal Code was denied.

The accused was arrested on a Manitoba warrant that had been endorsed for execution in Ontario under section 523.

The court held that section 503, which applies to arrests made without a warrant, was inapplicable because the arrest was made pursuant to an executed warrant.

Instead, section 528 of the Criminal Code applied, requiring the accused to be taken before a justice in the jurisdiction where the warrant was issued (Manitoba).

An application was brought seeking a recognizance to keep the peace against the respondent.

The respondent, having relocated to Alberta and lacking financial means to return, was not present at the hearing.

The court considered four key issues: whether the matter could proceed ex parte with the respondent's agent; whether the respondent was aware of the consequences of failing to enter into a recognizance; whether a law student could appear as agent given the potential for imprisonment exceeding six months; and whether the agent could enter into the recognizance on behalf of the respondent or whether the court could direct entry into the recognizance in another jurisdiction.

The court determined that the hearing could proceed ex parte with the agent present, that the respondent was adequately apprised of the consequences, that section 802.1 of the Criminal Code did not prohibit the agent's appearance in a section 810 proceeding, and that the respondent must personally enter into the recognizance, with any warrant of committal being executable only within Ontario.