Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-09 and last amended on 2015-04-10. Previous Versions

Marginal note:Court of criminal jurisdiction

 Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

  • (a) an offence under any of the following sections:

    • (i) section 47 (treason),

    • (ii) section 49 (alarming Her Majesty),

    • (iii) section 51 (intimidating Parliament or a legislature),

    • (iv) section 53 (inciting to mutiny),

    • (v) section 61 (seditious offences),

    • (vi) section 74 (piracy),

    • (vii) section 75 (piratical acts), or

    • (viii) section 235 (murder);

  • Marginal note:Accessories

    (b) the offence of being an accessory after the fact to high treason or treason or murder;

  • (c) an offence under section 119 (bribery) by the holder of a judicial office;

  • Marginal note:Crimes against humanity

    (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • Marginal note:Attempts

    (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

  • Marginal note:Conspiracy

    (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

  • R.S., 1985, c. C-46, s. 469;
  • R.S., 1985, c. 27 (1st Supp.), s. 62;
  • 2000, c. 24, s. 44.
Marginal note:Jurisdiction over person

 Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

  • (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or

  • (b) if the accused has been ordered to be tried by

    • (i) that court, or

    • (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.

  • R.S., 1985, c. C-46, s. 470;
  • R.S., 1985, c. 27 (1st Supp.), s. 101.
Marginal note:Trial by jury compulsory

 Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

  • R.S., c. C-34, s. 429.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 63]