Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-29 and last amended on 2014-09-19. Previous Versions

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124]

Inspection and Copies of Documents

Marginal note:Right of accused

 An accused is entitled, after he has been ordered to stand trial or at his trial,

  • (a) to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and

  • (b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy

    • (i) of the evidence,

    • (ii) of his own statement, if any, and

    • (iii) of the indictment;

    but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.

  • R.S., 1985, c. C-46, s. 603;
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E).

 [Repealed, 1997, c. 18, s. 69]

Marginal note:Release of exhibits for testing
  •  (1) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.

  • Marginal note:Disobeying orders

    (2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.

  • R.S., 1985, c. C-46, s. 605;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.

Pleas

Marginal note:Pleas permitted
  •  (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.

  • Marginal note:Conditions for accepting guilty plea

    (1.1) A court may accept a plea of guilty only if it is satisfied that the accused

    • (a) is making the plea voluntarily; and

    • (b) understands

      • (i) that the plea is an admission of the essential elements of the offence,

      • (ii) the nature and consequences of the plea, and

      • (iii) that the court is not bound by any agreement made between the accused and the prosecutor.

  • Marginal note:Validity of plea

    (1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.

  • Marginal note:Refusal to plead

    (2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.

  • Marginal note:Allowing time

    (3) An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.

  • Marginal note:Included or other offence

    (4) Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.

  • Marginal note:Video links

    (5) For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

  • R.S., 1985, c. C-46, s. 606;
  • R.S., 1985, c. 27 (1st Supp.), s. 125;
  • 2002, c. 13, s. 49.