Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Decision to hold preliminary inquiry — Nunavut

• 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision and continue the proceedings as a preliminary inquiry.

• Marginal note:If subject-matter is a testamentary instrument or exceeds $5,000 in value — Nunavut

  (2) If an accused is before a judge of the Nunavut Court of Justice charged with an indictable offence mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the judge shall put the accused to an election in accordance with subsection 536.1(2).

• Marginal note:Continuation as preliminary inquiry — Nunavut

  (3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.

• Marginal note:Continuing proceedings — Nunavut

  (4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall endorse on the information a record of the election and continue with the trial.

• Marginal note:Application to Nunavut

  (5) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

Marginal note:Organization

• 556. (1) An accused organization shall appear by counsel or agent.

• Marginal note:Non-appearance

  (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice

  • (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and

  • (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.

• Marginal note:Preliminary inquiry not requested

  (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

• Marginal note:Preliminary inquiry not requested — Nunavut

  (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.