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:No acquittal unless act or omission not wilful

 Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child,

  • (a) she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and

  • (b) the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child,

she may be convicted unless the evidence establishes that the act or omission was not wilful.

  • R.S., c. C-34, s. 590.

Previous Convictions

Marginal note:No reference to previous conviction

 No indictment in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

  • R.S., c. C-34, s. 591.

 [Repealed, 1995, c. 22, s. 3]

Marginal note:Evidence of character

 Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.

  • R.S., c. C-34, s. 593.
Marginal note:Proof of previous conviction
  •  (1) In any proceedings,

    • (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by

      • (i) the person who made the conviction, order for the discharge or finding of guilt,

      • (ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or

      • (iii) a fingerprint examiner;

    • (b) evidence that the fingerprints of the accused or defendant are the same as the fingerprints of the offender whose fingerprints are reproduced in or attached to a certificate issued under subparagraph (a)(iii) is, in the absence of evidence to the contrary, proof that the accused or defendant is the offender referred to in that certificate;

    • (c) a certificate of a fingerprint examiner stating that he has compared the fingerprints reproduced in or attached to that certificate with the fingerprints reproduced in or attached to a certificate issued under subparagraph (a)(iii) and that they are those of the same person is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate; and

    • (d) a certificate under subparagraph (a)(iii) may be in Form 44, and a certificate under paragraph (c) may be in Form 45.

  • Marginal note:Idem

    (2) In any proceedings, a copy of the summary conviction or discharge under section 730 in Canada of an offender, signed by the person who made the conviction or order for the discharge or by the clerk of the court in which the conviction or order for the discharge was made, is, on proof that the accused or defendant is the offender referred to in the copy of the summary conviction, evidence of the conviction or discharge under section 730 of the accused or defendant, without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Proof of identity

    (2.1) In any summary conviction proceedings, where the name of a defendant is similar to the name of an offender referred to in a certificate made under subparagraph (1)(a)(i) or (ii) in respect of a summary conviction or referred to in a copy of a summary conviction mentioned in subsection (2), that similarity of name is, in the absence of evidence to the contrary, evidence that the defendant is the offender referred to in the certificate or the copy of the summary conviction.

  • Marginal note:Attendance and right to cross-examine

    (3) An accused against whom a certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (4) No certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) shall be received in evidence unless the party intending to produce it has given to the accused reasonable notice of his intention together with a copy of the certificate.

  • Definition of fingerprint examiner

    (5) In this section, fingerprint examiner means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

  • R.S., 1985, c. C-46, s. 667;
  • R.S., 1985, c. 27 (1st Supp.), s. 136, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 10;
  • 2002, c. 1, s. 181;
  • 2005, c. 10, s. 34;
  • 2008, c. 18, s. 27(F);
  • 2012, c. 1, s. 200.

 [Repealed, 1995, c. 22, s. 4]

Jurisdiction

Marginal note:Jurisdiction
  •  (1) Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court judge having jurisdiction to try the accused or defendant has jurisdiction for the purpose of the hearing and adjudication.

  • Marginal note:Adjournment

    (2) Any court, judge or provincial court judge having jurisdiction to try an accused or a defendant, or any clerk or other proper officer of the court, or in the case of an offence punishable on summary conviction, any justice, may, at any time before or after the plea of the accused or defendant is taken, adjourn the proceedings.

  • R.S., 1985, c. 27 (1st Supp.), s. 137.
Marginal note:Continuation of proceedings
  •  (1) Subject to this section, where an accused or a defendant is being tried by

    • (a) a judge or provincial court judge,

    • (b) a justice or other person who is, or is a member of, a summary conviction court, or

    • (c) a court composed of a judge and jury,

    as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.

  • Marginal note:Where adjudication is made

    (2) Where a verdict was rendered by a jury or an adjudication was made by a judge, provincial court judge, justice or other person before whom the trial was commenced, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, impose the punishment or make the order that is authorized by law in the circumstances.

  • Marginal note:If no adjudication made

    (3) Subject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:If no adjudication made — jury trials

    (4) If a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused, continue the trial or commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:Where trial continued

    (5) Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

  • R.S., 1985, c. 27 (1st Supp.), s. 137;
  • 1994, c. 44, s. 65;
  • 2011, c. 16, s. 15.
Marginal note:Jurisdiction when appointment to another court

 Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to have jurisdiction in respect of the trial until its completion.

  • 1994, c. 44, s. 66.
 
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