Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-11-16 and last amended on 2015-07-23. Previous Versions

Marginal note:Language used in proceeding
  •  (1) If an order is granted directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages, the justice or judge presiding over a preliminary inquiry or trial may, at the start of the proceeding, make an order setting out the circumstances in which, and the extent to which, the prosecutor and the justice or judge may use each official language.

  • Marginal note:Right of the accused

    (2) Any order granted under this section shall, to the extent possible, respect the right of the accused to be tried in his or her official language.

  • 2008, c. 18, s. 21.
Marginal note:Change of venue

 Despite any other provision of this Act but subject to any regulations made under section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province.

  • R.S., 1985, c. C-46, s. 531;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 2008, c. 18, s. 21.
Marginal note:Saving

 Nothing in this Part or the Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the language of proceedings or testimony in criminal matters that is not inconsistent with this Part or that Act.

  • 1977-78, c. 36, s. 1.
Marginal note:Regulations

 The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively.

  • R.S., 1985, c. C-46, s. 533;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 144.
Marginal note:Review
  •  (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

  • 2008, c. 18, s. 21.1.