Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-04 and last amended on 2015-07-23. Previous Versions

Marginal note:Application for hearing
  •  (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to determine whether evidence is admissible under subsection 276(2).

  • Marginal note:Form and content of application

    (2) An application referred to in subsection (1) must be made in writing and set out

    • (a) detailed particulars of the evidence that the accused seeks to adduce, and

    • (b) the relevance of that evidence to an issue at trial,

    and a copy of the application must be given to the prosecutor and to the clerk of the court.

  • Marginal note:Jury and public excluded

    (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

  • Marginal note:Judge may decide to hold hearing

    (4) Where the judge, provincial court judge or justice is satisfied

    • (a) that the application was made in accordance with subsection (2),

    • (b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and

    • (c) that the evidence sought to be adduced is capable of being admissible under subsection 276(2),

    the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the evidence is admissible under subsection 276(2).

  • 1992, c. 38, s. 2.
Marginal note:Jury and public excluded
  •  (1) At a hearing to determine whether evidence is admissible under subsection 276(2), the jury and the public shall be excluded.

  • Marginal note:Complainant not compellable

    (2) The complainant is not a compellable witness at the hearing.

  • Marginal note:Judge’s determination and reasons

    (3) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part thereof, is admissible under subsection 276(2) and shall provide reasons for that determination, and

    • (a) where not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

    • (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

    • (c) where all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  • Marginal note:Record of reasons

    (4) The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

  • 1992, c. 38, s. 2.