Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Notice to organization
  •  (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization.

  • Marginal note:Contents of notice

    (2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded.

  • R.S., 1985, c. C-46, s. 621;
  • 1997, c. 18, s. 71;
  • 2003, c. 21, s. 11.
Marginal note:Procedure on default of appearance

 Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea.

  • R.S., 1985, c. C-46, s. 622;
  • 1997, c. 18, s. 72;
  • 2003, c. 21, s. 11.
Marginal note:Trial of organization

 Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies.

  • R.S., 1985, c. C-46, s. 623;
  • 1995, c. 22, s. 10;
  • 2003, c. 21, s. 11.

Record of Proceedings

Marginal note:How recorded
  •  (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

  • Marginal note:Record of proceedings

    (2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.

  • R.S., c. C-34, s. 552.
Marginal note:Form of record in case of amendment

 Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.

  • R.S., c. C-34, s. 553.