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:Counsel
  •  (1) Where the court has reasonable grounds to believe that an accused is unfit to stand trial and the accused is not represented by counsel, the court shall order that the accused be represented by counsel.

  • Marginal note:Counsel fees and disbursements

    (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

  • Marginal note:Taxation of fees and disbursements

    (3) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

  • 1991, c. 43, s. 4;
  • 1997, c. 18, s. 82.
Marginal note:Postponing trial of issue
  •  (1) The court shall postpone directing the trial of the issue of fitness of an accused in proceedings for an offence for which the accused may be prosecuted by indictment or that is punishable on summary conviction, until the prosecutor has elected to proceed by way of indictment or summary conviction.

  • Marginal note:Idem

    (2) The court may postpone directing the trial of the issue of fitness of an accused

    • (a) where the issue arises before the close of the case for the prosecution at a preliminary inquiry, until a time that is not later than the time the accused is called on to answer to the charge; or

    • (b) where the issue arises before the close of the case for the prosecution at trial, until a time not later than the opening of the case for the defence or, on motion of the accused, any later time that the court may direct.

  • 1991, c. 43, s. 4.
Marginal note:Trial of issue by judge and jury

 Where an accused is tried or is to be tried before a court composed of a judge and jury,

  • (a) if the judge directs that the issue of fitness of the accused be tried before the accused is given in charge to a jury for trial on the indictment, a jury composed of the number of jurors required in respect of the indictment in the province where the trial is to be held shall be sworn to try that issue and, with the consent of the accused, the issues to be tried on the indictment; and

  • (b) if the judge directs that the issue of fitness of the accused be tried after the accused has been given in charge to a jury for trial on the indictment, the jury shall be sworn to try that issue in addition to the issues in respect of which it is already sworn.

  • 1991, c. 43, s. 4.
Marginal note:Trial of issue by court

 The court shall try the issue of fitness of an accused and render a verdict where the issue arises

  • (a) in respect of an accused who is tried or is to be tried before a court other than a court composed of a judge and jury; or

  • (b) before a court at a preliminary inquiry or at any other stage of the proceedings.

  • 1991, c. 43, s. 4.