Marginal note:High treason and first degree murder
582. No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.
- R.S., c. C-34, s. 511;
- 1973-74, c. 38, s. 4;
- 1974-75-76, c. 105, s. 6.
Marginal note:Certain omissions not grounds for objection
583. No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that
(a) it does not name the person injured or intended or attempted to be injured;
(b) it does not name the person who owns or has a special property or interest in property mentioned in the count;
(c) it charges an intent to defraud without naming or describing the person whom it was intended to defraud;
(d) it does not set out any writing that is the subject of the charge;
(e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;
(f) it does not specify the means by which the alleged offence was committed;
(g) it does not name or describe with precision any person, place or thing; or
(h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.
- R.S., c. C-34, s. 512.
Special Provisions respecting Counts
Marginal note:Sufficiency of count charging libel
584. (1) No count for publishing a blasphemous, seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
Marginal note:Specifying sense
(2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.
(3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.
- R.S., c. C-34, s. 513.
Marginal note:Sufficiency of count charging perjury, etc.
585. No count that charges
(b) the making of a false oath or a false statement,
(c) fabricating evidence, or
(d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c),
is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used.
- R.S., 1985, c. C-46, s. 585;
- 1992, c. 1, s. 60(F).
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