Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Trying of issues of indictment by jury
  •  (1) After the charge to the jury, the jury shall retire to try the issues of the indictment.

  • Marginal note:Reduction of number of jurors to 12

    (2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.

  • 2011, c. 16, s. 13.
Marginal note:Disagreement of jury
  •  (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require.

  • Marginal note:Discretion not reviewable

    (2) A discretion that is exercised under subsection (1) by a judge is not reviewable.

  • R.S., c. C-34, s. 580.
Marginal note:Mistrial — rulings binding at new trial

 In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented.

  • 2011, c. 16, s. 14.
Marginal note:Proceeding on Sunday, etc., not invalid

 The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday.

  • R.S., c. C-34, s. 581.

Evidence on Trial

Marginal note:Admissions at trial

 Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.

  • R.S., c. C-34, s. 582.
Marginal note:Presumption — valuable minerals

 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.

  • R.S., 1985, c. C-46, s. 656;
  • 1999, c. 5, s. 24.