Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-11-16 and last amended on 2015-07-23. Previous Versions

Protected Statements

Marginal note:Definition of “protected statement”
  •  (1) In this section, “protected statement” means a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction.

  • Marginal note:Protected statements not admissible against accused

    (2) No protected statement or reference to a protected statement made by an accused is admissible in evidence, without the consent of the accused, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence.

  • Marginal note:Exceptions

    (3) Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of

    • (a) determining whether the accused is unfit to stand trial;

    • (b) making a disposition or placement decision respecting the accused;

    • (c) determining, under section 672.84, whether to refer to the court for review a finding that an accused is a high-risk accused or whether to revoke such a finding;

    • (d) determining whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;

    • (e) determining whether the accused was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict;

    • (f) challenging the credibility of an accused in any proceeding where the testimony of the accused is inconsistent in a material particular with a protected statement that the accused made previously; or

    • (g) establishing the perjury of an accused who is charged with perjury in respect of a statement made in any proceeding.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 12;
  • 2014, c. 6, s. 5.

Fitness to Stand Trial

Marginal note:Presumption of fitness

 An accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial.

  • 1991, c. 43, s. 4.
Marginal note:Court may direct issue to be tried
  •  (1) Where the court has reasonable grounds, at any stage of the proceedings before a verdict is rendered, to believe that the accused is unfit to stand trial, the court may direct, of its own motion or on application of the accused or the prosecutor, that the issue of fitness of the accused be tried.

  • Marginal note:Burden of proof

    (2) An accused or a prosecutor who makes an application under subsection (1) has the burden of proof that the accused is unfit to stand trial.

  • 1991, c. 43, s. 4.