Criminal Code (R.S.C., 1985, c. C-46)

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

Marginal note:Any justice may act before and after trial
  •  (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held.

  • Marginal note:Two or more justices

    (2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.

  • (3) and (4) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172]

  • R.S., 1985, c. C-46, s. 790;
  • R.S., 1985, c. 27 (1st Supp.), s. 172.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]

Defects and Objections

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]

Marginal note:No need to negative exception, etc.
  •  (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

  • Marginal note:Burden of proving exception, etc.

    (2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

  • R.S., c. C-34, s. 730.

Application

Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX and XX.1

 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

  • R.S., 1985, c. C-46, s. 795;
  • R.S., 1985, c. 27 (1st Supp.), s. 176;
  • 1991, c. 43, s. 7;
  • 2011, c. 16, s. 16.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]

Trial

Marginal note:Jurisdiction

 Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction.

  • R.S., c. C-34, s. 733.