C-25.1 - Code of Penal Procedure

Section 34 Disposition versions

2016-01-01

34. When a question referred to in articles 76 to 78 of the Code of Civil Procedure (chapter C-25.01) arises, the notice periods prescribed in those articles may not operate to delay the release of the defendant or a witness.

1987, c. 96, a. 34; 2005, c. 34, s. 47; I.N. 2016-01-01 (NCCP).

2007-03-15

34. When a question referred to in articles 95 and 95.1 of the Code of Civil Procedure (chapter C-25) arises, the notice periods prescribed in those articles may not operate to delay the release of the defendant or a witness.

1987, c. 96, a. 34; 2005, c. 34, s. 47.

1990-10-01

34. The rules relating to the notice provided for in article 95 of the Code of Civil Procedure (chapter C-25), adapted as required, apply in every case where a party alleges that a provision referred to in that article is either inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or in respect of the Charter of human rights and freedoms (chapter C-12).

Notwithstanding the foregoing, the time prescribed in article 95 of the Code of Civil Procedure need not be observed where a delay in the release of the defendant or a witness might result therefrom.

1987, c. 96, a. 34.