Criminal Code (R.S.C., 1985, c. C-46)

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

Formal Defects in Jury Process

Marginal note:Judgment not to be stayed on certain grounds

 Judgment shall not be stayed or reversed after verdict on an indictment

  • (a) by reason of any irregularity in the summoning or empanelling of the jury; or

  • (b) for the reason that a person who served on the jury was not returned as a juror by a sheriff or other officer.

  • R.S., c. C-34, s. 598.
Marginal note:Directions respecting jury or jurors directory

 No omission to observe the directions contained in any Act with respect to the qualification, selection, balloting or distribution of jurors, the preparation of the jurors’ book, the selecting of jury lists or the drafting of panels from the jury lists is a ground for impeaching or quashing a verdict rendered in criminal proceedings.

  • R.S., c. C-34, s. 599.
Marginal note:Saving powers of court

 Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1, 1955, with respect to trials by jury, jury process, juries or jurors, except where the power or authority, practice or form is expressly altered by or is inconsistent with this Act.

  • R.S., c. C-34, s. 600.

PART XX.1Mental Disorder

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    accused

    accusé

    accused includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered; (accusé)

    assessment

    évaluation

    assessment means an assessment by a medical practitioner or any other person who has been designated by the Attorney General as being qualified to conduct an assessment of the mental condition of the accused under an assessment order made under section 672.11 or 672.121, and any incidental observation or examination of the accused; (évaluation)

    chairperson

    président

    chairperson includes any alternate that the chairperson of a Review Board may designate to act on the chairperson’s behalf; (président)

    court

    tribunal

    court includes a summary conviction court as defined in section 785, a judge, a justice and a judge of the court of appeal as defined in section 673; (tribunal)

    disposition

    décision

    disposition means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64(1); (décision)

    dual status offender

    contrevenant à double statut

    dual status offender means an offender who is subject to a sentence of imprisonment in respect of one offence and a custodial disposition under paragraph 672.54(c) in respect of another offence; (contrevenant à double statut)

    high-risk accused

    accusé à haut risque

    high-risk accused means an accused who is found to be a high-risk accused by a court under subsection 672.64(1); (accusé à haut risque)

    hospital

    hôpital

    hospital means a place in a province that is designated by the Minister of Health for the province for the custody, treatment or assessment of an accused in respect of whom an assessment order, a disposition or a placement decision is made; (hôpital)

    medical practitioner

    médecin

    medical practitioner means a person who is entitled to practise medicine by the laws of a province; (médecin)

    party

    parties

    party, in relation to proceedings of a court or Review Board to make or review a disposition, means

    • (a) the accused,

    • (b) the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition,

    • (c) an Attorney General designated by the court or Review Board under subsection 672.5(3),

    • (d) any interested person designated by the court or Review Board under subsection 672.5(4), or

    • (e) where the disposition is to be made by a court, the prosecutor of the charge against the accused; (parties)

    placement decision

    ordonnance de placement

    placement decision means a decision by a Review Board under subsection 672.68(2) as to the place of custody of a dual status offender; (ordonnance de placement)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulations made by the Governor in Council under section 672.95; (Version anglaise seulement)

    Review Board

    commission d’examen

    Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1); (commission d’examen)

    verdict of not criminally responsible on account of mental disorder

    verdict de non-responsabilité criminelle pour cause de troubles mentaux

    verdict of not criminally responsible on account of mental disorder means a verdict that the accused committed the act or made the omission that formed the basis of the offence with which the accused is charged but is not criminally responsible on account of mental disorder. (verdict de non-responsabilité criminelle pour cause de troubles mentaux)

  • Marginal note:Reference

    (2) For the purposes of subsections 672.5(3) and (5), paragraph 672.86(1)(b) and subsections 672.86(2) and (2.1), 672.88(2) and 672.89(2), in respect of a territory or proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government, a reference to the Attorney General of a province shall be read as a reference to the Attorney General of Canada.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 1;
  • 2014, c. 6, s. 2.

Assessment Orders

Marginal note:Assessment order

 A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is necessary to determine

  • (a) whether the accused is unfit to stand trial;

  • (b) whether the accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1);

  • (c) whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;

  • (d) the appropriate disposition to be made, where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial has been rendered in respect of the accused;

  • (d.1) whether a finding that the accused is a high-risk accused should be revoked under subsection 672.84(3); or

  • (e) whether an order should be made under section 672.851 for a stay of proceedings, where a verdict of unfit to stand trial has been rendered against the accused.

  • 1991, c. 43, s. 4;
  • 1995, c. 22, s. 10;
  • 2005, c. 22, s. 2;
  • 2014, c. 6, s. 3.
Marginal note:Where court may order assessment
  •  (1) The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the prosecutor.

  • Marginal note:Limitation on prosecutor’s application for assessment of fitness

    (2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if

    • (a) the accused raised the issue of fitness; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is fit to stand trial.

  • Marginal note:Limitation on prosecutor’s application for assessment

    (3) Where the prosecutor applies for an assessment in order to determine whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility, the court may only order the assessment if

    • (a) the accused puts his or her mental capacity for criminal intent into issue; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder.

  • 1991, c. 43, s. 4.
 
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