Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-07-22 and last amended on 2014-07-11. Previous Versions

Marginal note:Hearing of witnesses
  •  (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, where required by this Part, has been read, the justice shall, subject to this section, hear the witnesses called by the accused.

  • Marginal note:Contents of address to accused

    (2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect:

    “Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.”

  • Marginal note:Statement of accused

    (3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.

  • Marginal note:Witnesses for accused

    (4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with.

  • Marginal note:Depositions of such witnesses

    (5) The justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 541;
  • R.S., 1985, c. 27 (1st Supp.), s. 99;
  • 1994, c. 44, s. 54.
Marginal note:Confession or admission of accused
  •  (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him.

  • Marginal note:Restriction of publication of reports of preliminary inquiry

    (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless

    • (a) the accused has been discharged, or

    • (b) if the accused has been ordered to stand trial, the trial has ended,

    is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2005, c. 32, s. 19]

  • R.S., 1985, c. C-46, s. 542;
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E);
  • 2005, c. 32, s. 19.