Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Rules of Court

Marginal note:Power to make rules
  •  (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

  • Marginal note:Power to make rules

    (2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

    • (a) every court of criminal jurisdiction for a province;

    • (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);

    • (c) the Ontario Court of Justice;

    • (d) the Court of Quebec and every municipal court in the Province of Quebec;

    • (e) the Provincial Court of Nova Scotia;

    • (f) the Provincial Court of New Brunswick;

    • (g) the Provincial Court of Manitoba;

    • (h) the Provincial Court of British Columbia;

    • (i) the Provincial Court of Prince Edward Island;

    • (j) the Provincial Court of Saskatchewan;

    • (k) the Provincial Court of Alberta;

    • (l) the Provincial Court of Newfoundland and Labrador;

    • (m) the Territorial Court of Yukon;

    • (n) the Territorial Court of the Northwest Territories; and

    • (o) the Nunavut Court of Justice.

  • Marginal note:Purpose of rules

    (3) Rules under subsection (1) or (2) may be made

    • (a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;

    • (b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;

    • (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

    • (d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,

      • (i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,

      • (ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

      • (iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

      • (iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and

      • (v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.

  • Marginal note:Publication

    (4) Rules of court that are made under the authority of this section shall be published in the Canada Gazette.

  • Marginal note:Regulations to secure uniformity

    (5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.

  • R.S., 1985, c. C-46, s. 482;
  • R.S., 1985, c. 27 (1st Supp.), s. 66;
  • 1994, c. 44, s. 35;
  • 2002, c. 13, s. 17;
  • 2015, c. 3, s. 50.
Marginal note:Power to make rules respecting case management
  •  (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

    • (a) for the determination of any matter that would assist the court in effective and efficient case management;

    • (b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and

    • (c) establishing case management schedules.

  • Marginal note:Compliance with directions

    (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).

  • Marginal note:Summons or warrant

    (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.

  • Marginal note:Provisions to apply

    (4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

  • Marginal note:Approval of lieutenant governor in council

    (5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.

  • Marginal note:Subsections 482(4) and (5) to apply

    (6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).

  • 2002, c. 13, s. 18.

PART XVSpecial Procedure and Powers

General Powers of Certain Officials

Marginal note:Officials with powers of two justices

 Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do.

  • R.S., 1985, c. C-46, s. 483;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Preserving order in court

 Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof.

  • R.S., 1985, c. C-46, s. 484;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Procedural irregularities
  •  (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands.

  • Marginal note:When accused not present

    (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.

  • Marginal note:Summons or warrant

    (2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.

  • Marginal note:Dismissal for want of prosecution

    (3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1.

  • Marginal note:Adjournment and order

    (4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.

  • Marginal note:Part XVI to apply

    (5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).

  • R.S., 1985, c. C-46, s. 485;
  • R.S., 1985, c. 27 (1st Supp.), s. 67;
  • 1992, c. 1, s. 60(F);
  • 1997, c. 18, s. 40;
  • 2002, c. 13, s. 19.
 
Date modified: