Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Exercising powers of arrest, entry, etc.
  •  (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    • (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or

    • (b) where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence

    • (a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or

    • (b) referred to in section 477.1

    in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Limitation

    (3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1990, c. 44, s. 15;
  • 1996, c. 31, s. 70.
  •  (1) and (2) [Repealed, 1996, c. 31, s. 71]

  • Marginal note:Evidence

    (3) In proceedings in respect of an offence,

    • (a) a certificate referred to in subsection 23(1) of the Oceans Act, or

    • (b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,

    is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.

  • Marginal note:Certificate cannot be compelled

    (4) A certificate referred to in subsection (3) is admissible in evidence in proceedings referred to in that subsection but its production cannot be compelled.

  • 1990, c. 44, s. 15;
  • 1995, c. 5, s. 25;
  • 1996, c. 31, s. 71.
Marginal note:Offence committed entirely in one province
  •  (1) Subject to this Act, a court in a province shall not try an offence committed entirely in another province.

  • Marginal note:Exception

    (2) Every proprietor, publisher, editor or other person charged with the publication of a defamatory libel in a newspaper or with conspiracy to publish a defamatory libel in a newspaper shall be dealt with, indicted, tried and punished in the province where he resides or in which the newspaper is printed.

  • Marginal note:Idem

    (3) An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and

    • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or

    • (b) in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

    appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • Marginal note:Where accused ordered to stand trial

    (4) Notwithstanding that an accused described in subsection (3) has been ordered to stand trial or that an indictment has been preferred against the accused in respect of the offence to which he desires to plead guilty, the accused shall be deemed simply to stand charged of that offence without a preliminary inquiry having been conducted or an indictment having been preferred with respect thereto.

  • Definition of newspaper

    (5) In this section, newspaper has the same meaning as in section 297.

  • R.S., 1985, c. C-46, s. 478;
  • R.S., 1985, c. 27 (1st Supp.), ss. 64, 101(E);
  • 1994, c. 44, s. 33(E).
Marginal note:Offence outstanding in same province

 Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and

  • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or

  • (b) in any other case, the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • R.S., 1985, c. C-46, s. 479;
  • R.S., 1985, c. 27 (1st Supp.), s. 65;
  • 1994, c. 44, s. 34(E).
Marginal note:Offence in unorganized territory
  •  (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district.

  • Marginal note:New territorial division

    (2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division.

  • R.S., c. C-34, s. 436.
Marginal note:Offence not in a province

 Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division.

  • R.S., c. C-34, s. 437.
Marginal note:Offence in Canadian waters

 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72.
Marginal note:Offence outside Canada

 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72;
  • 2008, c. 18, s. 10.
Marginal note:Appearance of accused at trial

 For greater certainty, the provisions of this Act relating to

  • (a) the requirement of the appearance of an accused at proceedings, and

  • (b) the exceptions to that requirement

apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

  • 1996, c. 31, s. 72.
 
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