Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-31 and last amended on 2015-03-31. Previous Versions

Pre-hearing Conference

Marginal note:Pre-hearing conference
  •  (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.

  • Marginal note:Mandatory pre-trial hearing for jury trials

    (2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial.

  • R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F);
  • 1997, c. 18, s. 73;
  • 2002, c. 13, s. 50.

Juries

Marginal note:Qualification of jurors
  •  (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.

  • Marginal note:No disqualification based on sex

    (2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.

  • R.S., 1985, c. C-46, s. 626;
  • R.S., 1985, c. 27 (1st Supp.), s. 128.
Marginal note:Presiding judge

 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court.

  • 2002, c. 13, s. 51.
Marginal note:Support for juror with physical disability

 The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.

  • R.S., 1985, c. C-46, s. 627;
  • R.S., 1985, c. 2 (1st Supp.), s. 1;
  • 1998, c. 9, s. 4.

Challenging the Array

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129]

Marginal note:Challenging the jury panel
  •  (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.

  • Marginal note:In writing

    (2) A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.

  • Marginal note:Form

    (3) A challenge under this section may be in Form 40.

  • R.S., 1985, c. C-46, s. 629;
  • R.S., 1985, c. 27 (1st Supp.), s. 130.