Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-22 and last amended on 2015-06-18. Previous Versions

Marginal note:When Attorney General does not stay proceedings

 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions.

  • 2002, c. 13, s. 47.
Marginal note:Intervention by Attorney General of Canada
  •  (1) The Attorney General of Canada or counsel instructed by him or her for that purpose may intervene in proceedings in the following circumstances:

    • (a) the proceedings are in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of an Act of Parliament or a regulation made under that Act, other than this Act or a regulation made under this Act;

    • (b) the proceedings have not been instituted by an Attorney General;

    • (c) judgment has not been rendered; and

    • (d) the Attorney General of the province in which the proceedings are taken has not intervened.

  • Marginal note:Section 579 to apply

    (2) Section 579 applies, with such modifications as the circumstances require, to proceedings in which the Attorney General of Canada intervenes pursuant to this section.

  • 1994, c. 44, s. 60.
Marginal note:Form of indictment

 An indictment is sufficient if it is on paper and is in Form 4.

  • R.S., 1985, c. C-46, s. 580;
  • R.S., 1985, c. 27 (1st Supp.), s. 117.

General Provisions respecting Counts

Marginal note:Substance of offence
  •  (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified.

  • Marginal note:Form of statement

    (2) The statement referred to in subsection (1) may be

    • (a) in popular language without technical averments or allegations of matters that are not essential to be proved;

    • (b) in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or

    • (c) in words that are sufficient to give to the accused notice of the offence with which he is charged.

  • Marginal note:Details of circumstances

    (3) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the count.

  • Marginal note:Indictment for treason

    (4) Where an accused is charged with an offence under section 47 or sections 49 to 53, every overt act that is to be relied on shall be stated in the indictment.

  • Marginal note:Reference to section

    (5) A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference.

  • Marginal note:General provisions not restricted

    (6) Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section.

  • R.S., 1985, c. C-46, s. 581;
  • R.S., 1985, c. 27 (1st Supp.), s. 118.