Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Election deemed to be waived
  •  (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

    • (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or

    • (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

  • Marginal note:Election deemed to be waived

    (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

  • R.S., 1985, c. C-46, s. 598;
  • R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E);
  • 1999, c. 3, s. 51;
  • 2002, c. 13, s. 48(E).

Change of Venue

Marginal note:Reasons for change of venue
  •  (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if

    • (a) it appears expedient to the ends of justice; or

    • (b) a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held.

  • (2) [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16]

  • Marginal note:Conditions respecting expense

    (3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.

  • Marginal note:Transmission of record

    (4) Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit them forthwith to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commenced, shall be continued in that court.

  • Marginal note:Idem

    (5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held.

  • R.S., 1985, c. C-46, s. 599;
  • R.S., 1985, c. 1 (4th Supp.), s. 16.